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JOURNAL 


OF  THE 


Constitutional  Convention 


OF  THE 


STATE  OF  NEW  YORK 


\^ 


1915 

Begun  and  Held  at  the  Capitol  in  the  City  of  Albany 
on  Tuesday  the  Sixth  Day  of  April 


ALBANY 

J.    B.   LYON   COMPANY,    PRINTERS 

1915 


September.  10,  1915 

Pursuant  to  the  authority  vested  in  me  by  the  following  reso- 
lution : 

Resolved,  That  the  President  of  the  Convention  be  and  he 
hereby  is  authorized  to  designate  some  sui table  person  or  persons 
to  revise  and  index  the  Record  of  the  Convention  and  to  index 
the  Journal,  documents,  and  the  Proposed  Constitutional  Amend- 
ments and  that  the  expense  incurred  for  such  services  (not  ex- 
ceeding $5,000)  be  paid  out  of  the  moneys  heretofore  appro- 
priated for  the  expenses  of  the  Convention  upon  vouchers  signed 
by  the  President  or  the  Vice-President  of  the  Convention  and 
by  the  Secretary  or  Assistant  Secretary  designated  by  the  Secre- 
tary for  that  purpose.  The  work  to  be  done  under  the  super- 
vision and  approval  of  a  committee  of  three  members  of  the  Con- 
vention to  be  appointed  by  the  President. 

Further  resolved,  That  the  revised  Record,  Journal,  and  docu- 
ments be  printed  and  bound  under  the  Convention  printing  con- 
tract ;  that  the  printed  and  bound  copies  be  delivered  to  the  State 
Library  for  distribution  to  delegates,  libraries,  educational  insti- 
tutions, and  otherwise,  and  that  the  sum  of  ten  thousand  dollars 
($10,000),  or  so  much  thereof  as  shall  be  necessary,  be  paid  for 
such  printing  and  binding  out  of  the  unexpended  balance  of  the 
appropriation  of  the  expenses  of  the  Convention. 

I  hereby  designate  Fred  W.  Hammond  and  William  K.  Mans- 
field, as  his  assistant,  to  revise  and  index  the  Record  of  the  Con- 
stitutional Convention  of  1915  and  to  index  the  Journals,  docu- 
ments .and.  Proposed  Constitutional  Amendments  thereof. 

And  'I  .hereby. fi g]i>kii  -Leroy  A.  Lincoln,  George  A.  Blauvelt 
and  Robert  .R..I^w  tp  t!e.4jie  committee  under  the  supervision 
and/a^p4^val:6f'wii3cb*Jilie.said  work  of  revision  and  indexing  is 
to  be  done,  Mr.  Lincoln  to  be  chairman  of  the  committee. 

Elihu  Root, 
President  of  the  Convention. 


JOURNAL 

OF  THE 

CONSTITUTIONAL  CONVENTION 


STATE  OF  NEW  YOKE 
ASSEMBLY  CHAMBEB,  CITY  OF  ALBANY 

TUESDAY,  APRIL  6,  1915 

The  Secretary  of  State,  Hon.  Francis  M.  Hugo,  attended  in 
person  and  called  the  Convention  to  order. 

The  proceedings  were  opened  with  prayer  by  the  Kev.  J.  W. 
Hopkins  of  Albany. 

Pursuant  to  chapter  819  of  the  Laws  of  1913,  entitled  "An  act 
to  provide  for  submitting  to  the  people  the  question  *  Shall  there 
be  a  convention  to  revise  the  Constitution  and  amend  the  same ' 
and  to  provide  for  such  convention,  if  a  majority  of  the  electors 
shall  decide  that  such  convention  be  held,"  and  the  acts  amenda- 
tory thereof,  the  gentlemen  whose  names  in  the  following  certified 
list  of  delegates-elect  are  not  marked  with  an  asterisk  appeared  in 
the  Assembly  Chamber  at  12  o'clock  noon. 

DELEGATES-AT-LABGE.— William  Bern,  Edgar  Truman 
Brackett,  Jacob  Brenner,  Alphonse  T.  Clearwater,  Patrick  W.  Cul- 
lman, Seth  Low,  Louis  Marshall,  John  Lord  O'Brian,  Herbert 
Parsons,  Adolph  J.  Bodenbeck,  Elihu  Boot,  Jacob  Gould  Schur- 
man,  Henry  L.  Stimson,  George  W.  Wickersham,  Charles  H. 
Young. 

FIBST  SENATE  DISTBICT.—  Robert  S.  Pelletreau,  Frank- 
lin A.  Coles,  William  M.  McKinney. 

SECOND  SENATE  DISTBICT.—  Philip  Frank,  George  J. 
Ryan,  John  W.  Weed.  o  Q  1  (jOQ 


4  ...  JOURNAL  OF  THE 

THIRD  SENATE  DISTRICT.— Andrew  McLean,  Charles 
A.  Webber,  *  Moses  J.  Wafer. 

FOURTH  SENATE  DISTRICT.—  Floyd  J.  Adams,  Richard 
E.  Weber,  Isidor  Buxbaum. 

FIFTH  SENATE  DISTRICT.— James  H.  Dahm,  Edward 
J.  Byrne,  Michael  Daly. 

SIXTH  SENATE  DISTRICT.— Alfred  G.  Reeves,  Meier 
Steinbrink,  William  P.  Bannister. 

SEVENTH  SENATE  DISTRICT.— Michael  Fogarty,  Fran- 
cis P.  Ward,  William  N.  Dykman. 

EIGHTH  SENATE  DISTRICT.— William  R.  Bayes,  Almet 
R.  Latson,  Edgar  M.  Doughty. 

NINTH  SENATE  DISTRICT.—  Theodore  C.  Eppig,  Frank 
Mann,  Harry  Heyman. 

TENTH  SENATE  DISTRICT.—  Isaac  Sargent,  William  F. 
Mathewson,  Joseph  Linde. 

ELEVENTH  SENATE  DISTRICT.—  John  F.  Ahearn,  Al- 
fred E.  Smith,  Abraham  Harawitz. 

TWELFTH  SENATE  DISTRICT.—  *  John  J.  White,  Mor- 
gan J.  O'Brien,  Harry  W.  Newburger. 

THIRTEENTH  .SENATE  DISTRICT.—  Michael  J.  Drum- 
mond,  John  B.  Stanchfield,  Arthur  J.  Baldwin. 

FOURTEENTH  SENATE  DISTRICT.—  James  A.  Foley, 
Delancey  Nicoll,  Hiram  M.  Kirk. 

FIFTEENTH  SENATE  DISTRICT.—  Thomas  F.  Smith, 
William  F.  Sheehan,  Thomas  M.  Mulry. 

SIXTEENTH  SENATE  DISTRICT.—  Robert  F.  Wagner, 
John  T.  Dooling,  John  G.  Saxe. 

SEVENTEENTH  SENATE  DISTRICT.— Frederick  C. 
Tanner,  Courtlandt  Nicoll,  Gordon  Knox  Bell. 

EIGHTEENTH  SENATE  DISTRICT.—  Mark  Eisner,  Wil- 
liam M.  K.  Olcott,  Martin  Saxe.. 

NINETEENTH  SENATE  DISTRICT.— Andrew  J.  Ship- 
man,  J.  Sidney  Bernstein,  Albert  Unger. 

TWENTIETH  SENATE  DISTRICT.—  Timothy  A.  Leary, 
Nathan  Burkan,  Mark  W.  Potter. 


CONSTITUTIONAL  CONVENTION  5 

TWENTY-FIKST  SENATE  DISTRICT.—  Peter  Donovan, 
James  P.  Donnelly,  William  E.  Slevin. 

TWENTY-SECOND  SENATE  DISTRICT.—  Francis  Mar- 
tin, Louis  F.  HafTen,  Anthony  J.  Griffin. 

TWENTY-THIRD  SENATE  DISTRICT.—  George  A.  Blau- 
velt,  George  A.  Leitner,  Eugene  Lamb  Richards. 

TWENTY-FOURTH    SENATE   DISTRICT.— Francis   A. 
Winslow,  Frank  L.  Young,  Henry  R.  Barrett. 

TWENTY-FIFTH      SENATE      DISTRICT.—  Caleb      H. 
Baumes,  Russell  Wiggins,  Joseph  Rosch. 

TWENTY-SIXTH  SENATE  DISTRICT.—  Samuel  K.  Phil- 
lips, Clayton  Ryder,  Lemuel  E.  Quigg. 

TWENTY-SEVENTH  SENATE  DISTRICT.—  Severyn  B. 
Sharpe,  *  John  N.  Vanderlyn,  H.  Leroy  Austin. 

TWENTY-EIGHTH   SENATE  D  I  S  T  R  I  C  T.— William 
Barnes,  Harold  J.  Hinman,  Edward  A.  Mealy. 

TWENTY-NINTH  SENATE  DISTRICT.—  Willis  E.  Hea- 
ton,  *  Victor  M.  Allen,  Andrew  P.  McKean. 

THIRTIETH  SENATE  DISTRICT.—  Robert  R.  Law,  Wil- 
liam S.  Ostrander,  Otis  A.  Dennis. 

THIRTY-FIRST  SENATE  DISTRICT.—  Olin  Henry  Lan- 
dreth,  Seward  H.  VanNess,  W.  Barlow  Dunlap. 

THIRTY-SECOND     SENATE    DISTRICT.— George    H. 
Bunce,  Perry  G.  Williams,  Charles  S.  Mereness. 

THIRTY-THIRD  SENATE  DISTRICT.—  Edward  M.  An- 
gell,  Harry  E.  Owen,  Patrick  J.  Tierney. 

THIRTY-FOURTH     SENATE     DISTRICT.—  Ferris     J. 
Meigs,  Robert  S.  Waterman,  Ledyard  P.  Hale. 

THIRTY-FIFTH     SENATE     DISTRICT.—  Edward     N. 
Smith,  Merrick  Stowell,  Lewis  H.  Ford. 

THIRTY-SIXTH  SENATE  DISTRICT.— Watson  T.  Dun- 
more,  Louis  M.  Martin,  Samuel  H.  Beach. 

THIRTY-SEVENTH    SENATE    DISTRICT.— George   L. 
Boekes,  Albert  F.  Gladding,  Frank  R.  Lennox. 

THIRTY-EIGHTH  SENATE  DISTRICT.—  Alan  C.  Fobes 
Ray  B.  Smith,  D.  Raymond  Cobb, 


6  JOURNAL  OF  THE 

THIRTY-NINTH  SENATE  DISTRICT.—  George  E. 
Green,  Israel  T.  Deyo,  Samuel  H.  Fancher. 

FORTIETH  SENATE  DISTRICT.—  E.  Clarence  Aiken, 
Joseph  E.  Eggleston,  Francis  C.  Allen. 

FORTY-FIRST  SENATE  DISTRICT.— John  M.  Parker, 
Hubert  C.  Mandeville,  Bertrand  W.  Nye. 

FORTY-SECOND  SENATE  DISTRICT.—  John  Par- 
menter,  John  H.  Johnson,  Charles  H.  Betts. 

FORTY-THIRD  SENATE  DISTRICT.— Jesse  S.  Phillips, 
James  W.  Wadsworth,  Monroe  Wheeler. 

FORTY-FOURTH  SENATE  DISTRICT.—  John  C.  Leggett, 
Frank  S.  Wood,  Clarence  H.  Gren\ 

FORTY-FIFTH  SENATE  DISTRICT.— Rush  Rhees, 
Frank  M.  Jones,  Andrew  E.  Tuck. 

FORTY-SIXTH  SENATE  DISTRICT.— Charles  J.  White, 
Richard  H.  Curran,  Homer  E.  A.  Dick. 

FORTY^SEVENTH  SENATE  DISTRICT.— Edward  E. 
Franchot,  James  P.  Lindsay,  Thomas  A.  Kirby. 

FORTY-EIGHTH  SENATE  DISTRICT.—  George  Clinton, 
Sr.,  Leroy  A.  Lincoln,  Charles  B.  Sears. 

FORTY-NINTH  SENATE  DISTRICT.— Mat  Endres, 
Thomas  V.  O'Connor,  Charles  Schoonhut. 

FIFTIETH  SENATE  DISTRICT.— Frank  W.  Standart, 
Harry  D.  Sanders,  James  L.  Nixon. 

FIFTY-FIRST  SENATE  DISTRICT.— Herman  J.  West- 
wood,  Charles  M.  Dow,  James  S.  Whipple. 

A  quorum  being  present,  and  having  taken  the  constitutional 
oath  of  office,  the  Secretary  of  State  announced  that  the  first  order 
of  business  would  be  the  election  of  a  President. 

Mr.  Wadsworth  moved  that  the  Convention  proceed  to  the  elec- 
tion of  a  President,  and  that  the  Secretary  call  the  roll  of  delegates 
and  each  delegate  as  his  name  is  called  rise  in  place  and  name  his 
choice  for  President. 

Mr.  Secretary  put  the  question  and  it  was  determined  in  the 
affirmative. 

Mr.  Secretary  appointed  Messrs.  Steinbrink  of  the  Sixth  Sena- 
torial District  and  A.  E.  Smith  of  the  Eleventh  Senatorial  District 
as  tellers. 


r  INSTITUTIONAL  CONVENTION  7 

Mr.  Low  placed  in  nomination  for  President  Mr.  Elihu  Root  of 
New  York. 

Upon  the  direction  of  Mr.  Secretary  the  deputy  secretary  of 
state  called  the  roll  of  delegates,  whereupon  each  delegate  as  his 
name  was  called  rose  in  his  place  and  named  his  choice  as  follows : 


FOR  ELIHU  ROOT 


Adams 

Curran 

Leggett 

Parmenter 

Standart 

Aiken 

Dennis 

Lennox 

Parsons 

Steinbrink 

Allen  F  C 

Deyo 

Lincoln 

Pelletreau 

Stimson 

Allen  V  M 

Dick 

Linde 

Phillips  J  S 

Stowell 

Angell 

Doughty 

Low 

Phillips  S  K 

Tanner 

Austin 

Dow 

Mandeville 

Potter 

Tierney 

Baldwin 

Drummond 

Mann 

Quigg 

Tuck 

Bannister 

Dunlap 

Marshall 

Reaves 

Vanderlyn 

Barnes 

Dunmore 

Martin  L  M 

Rhees 

Van  Ness 

Barrett 

Dykman 

Mathewson 

Richards 

Wadsworth 

Baumes 

Eggleston 

McKean 

Rodenbeck 

Wafer 

Bayes 

Fancher 

McKinney 

Rosch 

Waterman 

Beach 

Fobes 

McLean 

Ryan 

Webber  C  A 

Bell 

Ford 

Mealy 

Ryder 

Weber  R  E 

Berri 

Franchot 

Meigs 

Sanders 

Weed 

Betts 

Gladding 

Mereness 

Sargent 

Westwood 

Blauvelt 

Green 

Mulry 

Saxe  J  G 

Wheeler 

Bockes 

Greff 

Nicoll  C 

Saxe  M 

Whipple 

Brackett 

Hale 

Nicoll  D 

Schurman 

White  C  J 

Brenner 

Heaton 

Nixon 

Sears 

Wickersham 

Bunce 

Hinman 

Nye 

Sharpe 

Wiggins 

Buxbaum 

Johnson 

O'Brian  J  L 

Sheehan 

Williams 

Clearwater 

Jones 

O'Brien  M  J 

Shipman 

Winslow 

Clinton 

Kirby 

Olcott 

Smith  E  N 

Wood 

Cobb 

Landreth 

Ostrander 

Smith  R  B 

Young  C  H 

Coles 

Latson 

Owen 

Stanchfield 

Young  F  L 

Cullinan 

Law 

Parker 

FOR  MORGAN  J. 

O'BRIEN 

Ahearn 

Donovan 

Frank 

Leary 

Smith  A  E 

Bernstein 

Dooling 

Griffin 

Leitner 

Smith  TF 

Burkan 

Eisner 

Haffen 

Martin  F 

Unger 

Byrne 

Endres 

Harawitz 

Newburger 

Wagner 

Dahm 

Eppig 

Heyman 

Schoonhut 

Ward 

Daly 

Fogarty 

Kirk 

Slevin 

White  J  J 

Donnelly 

Foley 

Whole  number  of  votes  cast,  165. 

Elihu  Root  received 133 

Morgan  J.  O'Brien  received 32 

On  motion  of  Mr.  Wagner  the  vote  for  Elihu  Root  was  made 
unanimous. 

Elihu  Root  having  received  a  majority  of  all  the  votes  cast,  Mr. 
Secretary  declared  Elihu  Root  of  New  York  duly  elected  President 
of  the  Convention, 


s 


JOURNAL  OF  THE 


Mr.  Secretary  appointed  Messrs.  Low  and  Wagner  a  committee 
to  conduct  the  President-elect  to  the  chair. 

Mr.  President  upon  taking  the  chair  addressed  the  Convention. 

Mr.  President  stated  the  next  order  of  business  to  be  the  election 
of  a  Secretary. 

Mr.  W.  D.  Cunningham  was  placed  in  nomination  for  Secretary. 

There  being  no  other  nomination  for  Secretary,  by  unanimous 
consent  Mr.  President  put  the  question  whether  the  Convention 
would  agree  to  the  election  of  W.  D.  Cunningham  as  Secretary, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  declared  W.  D.  Cunningham  duly  elected  Secre- 
tary of  the  Convention. 

Mr.  President  administered  the  oath  of  office  to  Secretary-elect 
W.  D.  Cunningham. 

Mr.  F.  L.  Young  offered  for  the  consideration  of  the  Conven- 
tion a  resolution  in  the  words  following: 

Resolved,  That  Harry  W.  Haines  be  and  hereby  is  duly 
elected  Sergeant-at-Arms  of  this  Convention. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  President  declared  Harry  W.  Haines  duly  elected  Sergeant 
of  the  Convention. 

Mr.  John  Marshall  and  Mr.  George  S.  Shot  well  were  placed  in 
nomination  for  official  stenographer. 

•  Upon  the  direction  of  the  President,  the  Secretary  called  the  roll 
of  delegates,  whereupon  each  delegate  as  his  name  was  called  rose 
in  place  and  named  his  choice  as  follows : 


Adams 

Daly 

Law 

Ahearn 

Dennis 

Leggett 

Baldwin 

Deyo 

Leitner 

Bannister 

Dick 

Lennox 

Barnes 

Donnelly 

Lincoln 

Baumes 

Donovan 

Linde 

Bayes 

Dow 

Low 

Beach 

Drummond 

Mandeville 

Berri 

Dunlap 

Marshall 

Betts 

Dunmore 

Martin  F 

Bockes 

Dykman 

Martin  L  M 

Brackett 

Eggleston 

Mathewson 

Brenner 

Fobes 

McKean 

Bunce 

Fogarty 

McKinney 

FOR  JOHN  MARSHALL 

O'Brien  M  J  Shipman 

Owen  Slevin 

Parker  Smith  E  N 

Parsons  Smith  R  B 

Phillips  J  S  Stanchfield 

Phillips  S  K  Standart 

Potter  Stimson 

Quigg  Stowell 

Reeves  Tanner 

Rhees  Tuck 

Richards  Unger 

Rodenbeck  Van  Ness 

Rosch  Wadsworth 

Ryan  Wagner 


CONSTITUTIONAL  CONVENTION 


Burkan 

Foley 

Meigs 

Buxbaum 

Ford 

Mereness 

Byrne 

Frank 

Mulry 

Clearwater 

Gladding 

Nicoll  C 

Clinton 

Hinman 

Nicoll  D 

Cobb 

Jones 

Nixon 

Coles 

Kirby 

Nye 

Curran 

Latson 

O'Brian  J 

Dahm 

Ryder 

Webber  C  A 

Sanders 

Weber  R  E 

Sargent 

Westwood 

Saxe  M 

Wheeler 

Schoonhut 

White  C  J 

Schurman 

Wickersham 

Sears 

Wiggins 

Sharpe 

Williams 

FOE  GEORGE  S.  SHOTWELL 

Aiken  Blauvelt  Greff  Smith  A  E  Whipple 

Austin  Cullinan  Hale  Smith  T  F  Winslow 

Barrett  Eisner  Landreth  Ward  Young  C  H 

Bernstein  Green  Leary  Waterman  Young  F  L 

Whole  number  of  votes  cast,  134. 

John  Marshall  received Ill 

George  S.  Shotwell  received 20 

Scattering 3 

John  Marshall  having  received  a  majority  of  all  the  votes  cast, 
Mr.  President  declared  John  Marshall  duly  elected  stenographer 
of  the  Convention. 

Mr.  President  administered  the  oath  of  office  to  Stenographer- 
elect  John  Marshall. 

Mr.  J.  L.  O'Brian  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  words  following: 

Resolved,  That,  subject  to  such  changes  as  the  Convention  may 
hereafter  make,  the  rules  of  the  last  Constitutional  Convention 
as  set  forth  in  the  Revised  Record  of  the  last  Convention,  Volume 
5,  pages  666  to  682,  inclusive,  be  the  rules  of  this  'Convention. 

Excepting  and  excluding  therefrom,  however,  the  last  five  of 
the  said  rules,  numbered  from  73  to  77,  inclusive. 

And  also  provided,  that  in  rule  15,  the  following  changes  in 
committees  be  made,  viz. : 

(a)  Committee  No.  3,  after  the  word  "  powers  ",  in  the  title, 
insert  the  word  "  Limitations  ". 

(b)  Committee  No,  10,  instead  of  a  "  Committee  on  Rail- 
roads, Transportation,  etc./'  a.  "  Committee  on  Public  Utilities  ". 

(c)  Committee  No.  19,  in  the  title,  after  the  word  "  Interests  ", 
insert  the  words  u  and  Relations  ". 

(d)  Committee  No.  20,  instead  of  a  "  Committee  on  the  Salt 
Springs  of  the  State  ",  a  "  Committee  on  the  Conservation  of  the 
Natural  Resources  of  the  State,  to  consist  of  seventeen  members." 

(e)  Committee  No.  28  (to  be  added),  on  the  Civil  Service, 
to  consist  of  eleven  members. 


10  JOURNAL  OF  THE 

(f)   Committee  jSTo.  29  (to  be  added),  on  Library  Information. 

Further  resolved,  That  all  proposals  to  change  the  rules  which 
shall  be  offered  in  the  Convention  or  delivered  in  writing  by  any 
delegate  to  the  Secretary  while  the  Convention  is  in  recess  and 
before  the  twenty-first  day  of  April,  nineteen  hundred  and  fifteen, 
shall  be  of  course  and  without  debate  referred  to  the  Committee 
on  Rules,  when  appointed,  with  instructions  to  report  thereon  to 
the  Convention  on  or  before  the  thirtieth  day  of  April. 

Debate  was  had  thereon. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Secretary  of  State  Hugo  presented  the  report  and  recommenda- 
tions of  the  State  Printing  Board  in  relation  to  the  proposals  for 
printing  for  the  Convention,  and  the  same  were  referred  to  the 
Committee  on  Printing  when  appointed. 

Mr.  J.  S.  Phillips  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following : 

Resolved,  That  the  Convention  deems  necessary  the  following 
officers,  employees  and  assistants,  and  fixes  their  compensation  as 
follows :  m 

(1)  A  President  and  a  first  and  second  Vice-President,  to 
receive  no  compensation  apart  from  that  pertaining  to  the  office 
of  delegate  (See  Consolidated  Laws  of  1909,  volume  3,  page 
2111),  $3,500  plus  $750. 

(2)  A  Secretary,  with  the  same  compensation  as  the  Clerk  of 
the  Assembly. 

A  Sergeant-at-Arms,  with  the  same  compensation  as  the 
Sergeant-at-Arms  of  the  Assembly. 

A  stenographer,  with  the  same  compensation  as  the  stenographer 
of  the  Assembly.  To  the  stenographer  shall  also  be  paid  the 
sums  necessarily  expended  by  him,  with  the  approval  of  the  com- 
mittee on  contingent  expenses,  for  the  employment  of  assistants 
in  the  performance  of  the  duties  imposed  upon  him. 

Four  assistant  secretaries,  with  the  same  compensation  as  the 
assistant  clerk  of  the  Assembly. 

An  assistant  sergeant-at-arms,  with  the  same  compensation  as 
the  assistant  sergeant-at-arms  of  the  Assembly. 

A  librarian  and  an  assistant  librarian,  with  the  same  com- 
pensation as  the  librarian  and  assistant  librarian  of  the  Assembly. 


CONSTITUTIONAL  CONVENTION  ll 

A  postmaster,  with  the  same  compensation  as  the  postmaster 
of  the  Assembly. 

A  clerk  and  a  stenographer  for  the  President,  with  the  same 
compensation  as  the  clerk  and  the  stenographer  to  the  Speaker 
of  the  Assembly. 

A.  janitor,  an  assistant  janitor,  four  doorkeepers,  nine  general 
clerks,  ten  general  messengers,  and  ten  pages,  with  the  same  com- 
pensation respectively  as  the  janitor,  assistant  janitor,  door- 
keepers, general  clerks,  general  messengers  and  pages  of  the 
Assembly. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Brackett  moved  that  the  Convention  proceed  to  the  election 
of  a  First  and  Second  Vice-President,  upon  a  call  of  the  roll,  each 
member,  when  his  name  is  called,  rising  in  his  place  and  stating 
his  choice,  which  was  agreed  to. 

Mr.  Jacob  Gould  Schurman  was  placed  in  nomination  for  First 
Vice-President. 

There  being  no  other  nominations  for  First  Vice-President,  by 
unanimous  consent  Mr.  President  put  the  question  whether  the 
Convention  would  agree  to  the  election  of  Jacob  Gould  Schurman 
as  First  Vice-President,  and  it  was  determined  in  the  affirmative. 

Mr.  President  declared  Jacob  Gould  Schurman  of  Ithaca  duly 
elected  First  Vice-President  of  the  Convention. 

Mr.  Morgan  J.  O'Brien  was  placed  in  nomination  for  Second 
Vice-President. 

There  being  no  other  nominations  for  Second  Vice-President,  by 
unanimous  consent  Mr.  President  put  the  question  whether  the 
Convention  would  agree  to  the  election  of  Morgan  J.  O'Brien  as 
Second  Vice-President,  and  it  was  determined  in  the  affirmative. 

Mr.  President  declared  Morgan  J.  O'Brien  of  New  York  duly 
elected  Second  Vice-President  of  the  Convention. 

Mr.  Hinman  oifered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  a  special  committee  of  seven  and  the  President 
be  appointed  to  consider  and  report  to  the  Convention  as  soon  as 
shall  be  practicable,  nominations  for  the  officers,  employees  and 
assistants  which  have  been  declared  to  be  necessary  and  have  not 
been  heretofore  appointed,   and   that  all  nominations  for  such 


12  JOURNAL  OF  THE 

positions  which  shall  be  filed  with  the  Secretary  by  members  of 
the  Convention  be  laid  before  the  Convention  at  the  same  time 
with  the  report  of  the  special  committee. 

which  was  agreed  to. 

Mr.  Tanner  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Rules,  as  soon  as  practicable 
after  the  appointment  of  the  committees  enumerated  in  Rule  15, 
confer  with  the  committees  and  report  to  the  Convention  upon 
the  number  and  compensation  of  committee  clerks  and  the  num- 
ber and  compensation  of  committee  stenographers  which  may  be 
necessary. 

which  was  agreed  to. 

Mr.  President  announced  the  appointment  of  the  following  Com- 
mittee on  Printing : 

Messrs.  Berri,  Betts,  ^N"ixon,  Mereness,  Beach,  McLean,  Dahm. 

Mr.  E.  N.  Smith  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following : 

Resolved,  That  seats  in  the  Convention  Chamber  be  assigned 
as  follows : 

1st.  To  the  Vice-Presidents  in  accordance  with  their  choice  in 
order. 

2d.  To  the  members  who  were  also  members  of  the  Convention 
of  1894,  in  accordance  with  their  choice,  after  the  Vice-Presi- 
dents, in  alphabetical  order. 

3d.  To  the  remaining  members  in  accordance  with  their  choice 
in  the  order  determined  by  lot. 

which  was  agreed  to. 

On  motion  of  Mr.  Deyo,  Hon.  A.  T.  Clearwater  of  Kingston 
was  granted  a  choice  of  seat  before  the  drawing  of  lots. 

At  3  o'clock  p.  m.  the  Convention  took  a  recess  of  fifteen 
minutes. 

At  3.15  o'clock  p.  m.  the  Convention  again  convened. 

The  drawing  of  seats  then  took  place. 

On  motion  of  Mr.  Olcott,  the  Convention  adjourned  until  Wed- 
nesday, April  7th,  at  10  o'clock  a.  m. 


CONSTITUTIONAL  CONVENTION  13 


WEDNESDAY,  APRIL  7,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  chair. 

Prayer  by  Rev.  J.  W.  Hopkins. 

The  journal  of  the  proceedings  of  the  Convention  of  yesterday 
was  read  and  approved. 

Mr.  Berri,  from  the  Committee  on  Printing,  submitted  the  fol- 
lowing report : 

To  the  Constitutional  Convention: 

The  undersigned  committee  respectfully  reports  that  it  has 
carefully  considered  the  report  and  recommendation  of  the  State 
Printing  Board,  with  the  accompanying  bids  and  papers  sub- 
mitted to  it,  and  recommends  the  acceptance  of  the  bid  of  the 
J.  B.  Lyon  Company.  It  also  advises  the  execution  of  the  con- 
tract prepared  and  recommended  by  the  State  Printing  Board. 

We  further  recommend  that  until  further  ordered  the  number 
of  copies  to  be  printed  shall  be  as  follows :  of  the  Proceedings  of 
the  Convention,  seven  hundred ;  of  the  Journal,  Calendars,  Docu- 
ments and  Proposed  Constitutional  Amendments,  five  hundred 
each. 

Dated,  April  7,  1915. 

William  Berri, 
Charles  H.  Betts, 
Charles  J.  Mereness, 
James  H.  Dahm, 
James  L.  Nixon, 
Samuel  H.  Beach. 

which  report  was  agreed  to. 

Mr.  Berri  offered  for  the  consideration  of  the  Convention  a  reso- 
lution in  the  words  following: 

Resolved,  That  the  State  Printing  Board  be  and  they  are  hereby 
authorized  to  execute  a  contract  for  the  printing  of  the  journals, 
documents  and  proceedings  of  the  Convention  pursuant  to  the 
recommendation  of  the  Committee  on  Printing  in  their  report 
made  April  7,  1915. 

which  was  agreed  to. 

Mr.  Cullinan  moved  that  Carl  H.  Osborne  be  appointed  clerk 
to  the  President, 


14  JOURNAL  OF  THE 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Mr.  President  announced  the  appointment  of  the  following 
Committees : 

RULES 

Messrs.  O'Brian  of  Erie,  Hale,  Baumes,  Parsons,  Delancey 
Nicoll,  Sheehan,  Wagner. 

CONTINGENT  EXPENSES 
Messrs.  Sam.  K.  Phillips,  Fobes,  Bell,  Sharpe,  Sears,  Mulry, 
Dykman. 

SPECIAL  COMMITTEE  ON  NOMINATIONS  FOR  MINOR 

OFFICES 
Messrs.  J.  S.  Phillips,  Tanner,  Hinman,  Meigs,  Tuck,  Doughty, 
A.  E.  Smith. 

Mr.  R.  B.  Smith  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  Secretary  of  the  Convention  be  empowered 
to  provide  the  necessary  blanks,  stationery  and  supplies  for  the 
use  of  the  Convention  and  its  members. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmativa 

Mr.  Deyo  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  a  committee  of  two  be  appointed  by  the  Chair 
to  wait  upon  the  Governor  and  inform  him  that  the  Constitutional 
Convention  is  now  organized  and  in  session,  and  that  the  mem- 
bers would  be  pleased  to  call  upon  him  and  pay  their  respects. 

which  was  agreed  to. 

Mr.  President  appointed  as  such  Messrs.  Deyo  and  Dykman. 

Mr.  M.  Saxe  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolution  for  holding  appropriate  exercises  on  June  15th,  to 
commemorate  the  seven  hundredth  anniversary  of  the  adop- 
tion of  the  Great  Charter. 
Whereas,  On  the  15th  day  of  June  next  occurs  the  seven  hun- 
dredth  anniversary   of  the  adoption   of  the  Great   Charter  of 
English  Liberty, 


CONSTITUTIONAL  CONVENTION  15 

"Resolved,  That  this  Convention  commemorate  said  event  on 
that  day  by  appropriate  exercises,  and 

Kesolved,  That  the  President  be  and  he  hereby  is  authorized 
to  make  the  necessary  arrangements  therefor. 

which  was  referred  to  the  Committee  on  Kules. 

Mr.  C.  Nicoll  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolution  amending  Eule  15,  providing  for  committees  by  sub- 
dividing the  Committee  on  Finance  and  Taxation  into  two 
committees,  one  the  Finance  and  one  on  Taxation,  each  to 
consist  of  seventeen  members. 
Eesolved,  That  Rule  15  be  amended  as  follows:     Strike  out 
(7)  Committee  on  State  Finance  and  Taxation  to  be  composed 
of  seventeen  members  "  and  substitute  therefor  (7)  "  Committee 
on  Finance,  to  be  composed  of  seventeen  members;    (8)    Com- 
mittee on  Taxation  to  be  composed  of  seventeen  members." 

which  was  referred  to  the  Committee  on  Rules. 

Mr.  Marshall  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following : 

Whereas,  The  Commission  appointed  pursuant  to  chapter  261 
of  the  Laws  of  1914,  for  the  purpose  of  compiling  and  printing 
such  information  and  data  as  it  may  deem  useful  for  the  dele- 
gates to  the  Constitutional  Convention  now  in  session,  in  their 
deliberation,  has  prepared  and  distributed  a  volume  entitled 
"  Government  of  the  State  of  New  York.  A  Description  of  its 
Organization  and  Functions,"  which  relates  solely  to  the  public 
service  of  the  State ;  and 

Whereas,  It  is  deemed  desirable  that  a  volume  containing 
similar  information  and  data  with  regard  to  the  government  of 
the  city  of  New  York  and  a  description  of  its  organization  and 
functions,  as  well  as  of  the  several  counties  of  the  State,  be 
compiled,  printed  and  distributed  among  the  delegates  to  this 
Convention,  for  use  in  their  deliberations,  at  the  earliest 
practicable  day: 

Resolved,  That  the  Commission  be  and  it  is  hereby  requested 
to  proceed  forthwith  with  the  collection,  compilation  and  print- 
ing of  such  additional  material  relating  to  the  city  of  New  York 
and  to  the  several  counties  of  the  State,  so  far  as  it  is  practicable 
to  do  so,  provided  the  same  shall  be  completed  and  in  readiness 
for  circulation  and  distribution  on  or  before  June  20,  1915,  and 
provided  further  that  the  Legislature  amend  chapter  261  of  the 


16  JOURNAL  OF  THE 

Laws  of  1914,  and  chapter  201  of  the  Laws  of  1915,  so  as  to 
authorize  the  Commission  to  carry  out  the  terms  of  this  resolu- 
tion, and  shall  to  that  end  make  such  appropriation  as  may  be 
required  for  that  purpose,  and  the  Legislature  is  respectfully 
requested  to  enact  such  laws  as  shall  carry  into  effect  the  intent 
and  purpose  of  this  resolution. 

which  was  agreed  to. 

Mr.  J.  L.  O'Brian  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following : 

Kesolved,  That  the  Secretary  be  authorized  and  instructed  to 
procure  a  special  print  of  the  resolution  adopted  April  6th, 
relating  to  the  Rules  of  this  Convention,  and  forthwith  mail  a 
copy  thereof  to  each  member  of  this  Convention  at  his  residence 
address. 

which  was  agreed  to. 

Mr.  Buxbaum  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  this  Convention  invite  the  surviving  members 
of  the  Convention  of  1894,  not  members  of  this  Convention,  to 
attend  the  sessions  of  this  Convention,  and  that  the  Clerk  be  and 
he  is  hereby  directed  to  send  an  invitation  to  all  surviving 
members. 

which  was  referred  to  the  Committee  on  Rules. 

Mr.  Deyo,  from  the  committee  appointed  to  wait  upon  the  Gov- 
ernor, reported  that  they  had  performed  that  duty. 

Mr.  Barnes  moved  that  when  this  Convention  adjourn  to-day,  it 
be  to  meet  again  Monday,  April  26th,  at  8:30  o'clock,  p.  m., 
which  was  agreed  to. 

Mr.  linger  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  all  further  sessions  be  had  in  the  Assembly 
Chamber  at  Albany,  until  other  notice,  so  that  the  members  of 
the  Convention  may  make  temporary  living  arrangements  in  con- 
formity with  such  plan. 

which  was  agreed  to. 

On  motion  of  Mr.  Schurman,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION  17 


MONDAY,  APRIL  26,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  Dr.  Brooks. 

On  motion  of  Mr.  Schurman  the  journal  of  Wednesday,  April 
7th,  was  approved. 

Mr.  O'Brian,  from  the  Committee  on  Rules,  submitted  the 
following  report: 

To  the  Constitutional  Convention: 

Pursuant  to  the  resolution  of  the  Convention,  adopted  April  6, 
1!>15,  ihe  Committee  on  Rules  has  considered  all  the  amendments 
to  the  rules  which  have  been  offered  in  the  Convention  or  filed  with 
the  Secretary,  and  the  committee  reports  thereon  as  follows: 

1.  By  Mr.  C.  Nicoll : 

That  Rule  15  be  amended  by  separating  committee  No.  7  on  the 
"  State  Finances,  etc.,"  and  making  a  separate  Committee  on  Tax- 
ation. LTpon  this  proposal  the  committee  reports  favorably  and 
recommends  the  adoption  of  the  following  resolution: 

Resolved,  That  Rule  15  be  amended  by  striking  out  from  the  de- 
scription of  committee  No.  7  on  the  State  Finances,  Revenues,  Ex- 
penditures, etc.,  the  words  "  and  taxation,"  and  by  adding  at  the 
end  of  the  rule  the  words  and  figures  "  30,  on  taxation,  to  consist 
of  seventeen  members." 

2.  By  Mr.  Root: 

Resolved,  That  Rule  15  be  amended  by  changing  the  title  of 
committee  No.  1  from  "  Preamble  and  Bill  of  Rights  "  to  "  Bill  of 
Rights."  Upon  this  the  committee  reports  favorably  and  recom- 
mends the  adoption  of  the  following  resolution : 

Resolved,  That  Rule  15  be  amended  by  striking  out  from  the 
description  of  committee  No.  1,  the  words  "  preamble  and  ". 

3.  By  Mr.  Sheehan: 

That  the  rules  be  amended  so  that  the  President  and  Vice- 
Presidents  may  take  part  in  the  discussions  in  the  several  commit- 
tees. Upon  this  the  committee  reports  favorably  and  recommends 
the  adoption  of  the  following  resolution : 

Resolved,  That  Rule  2  be  amended  by  adding  thereto  the  words 
"  the  President  and  the  Vice-Presidents  shall  be  consulting  mem- 
bers, without  vote,  in  the  several  committees  to  which  they  shal] 
not  have  been  specifically  appointed." 
2 


18  JOURNAL  OF  THE 

4.  By  Mr.  Buxbaum : 

That  members  of  former  constitutional  conventions  shall  be  en- 
titled to  admission  to  the  floor  of  the  Convention  during  the  ses- 
sion thereof.  Upon  this  the  committee  reports  favorably  and 
recommends  the  adoption  of  the  following  resolution : 

Resolved,  That  Rule  54  be  amended  by  inserting  after  subdi- 
vision 2  the  following  words  "  3.  Members  of  former  constitu- 
tional conventions/ '  and  that  the  remaining  subdivisions  of  the 
rule  be  renumbered  accordingly. 

5.  By  Mr.  Root: 

That  a  new  rule  be  made  limiting  the  time  for  the  introduction 
and  reference  of  Proposed  Amendments  to  the  Constitution  to  the 
period  ending  June  1,  1915.  Upon  this  the  committee  reports 
favorably  and  recommends  the  adoption  of  the  following  addi- 
tional rule: 

Rule  73.  On  the  first  day  of  June,  1915,  the  call  for  Proposed 
Constitutional  Amendments  by  districts  under  Rule  3  shall  be  dis- 
continued and  thereafter  no  proposed  Constitutional  Amendment 
shall  be  introduced  except  on  the  report  or  recommendation  of 
standing  or  select  committee. 

6.  By  Mr.  Hale: 

Addition  to  Rule  31.  Matter  which  it  is  proposed  to  strike 
out  shall  be  in  brackets,  and  new  matter  shall  be  underscored  and 
when  printed  shall  be  in  italics.  All  proposed  amendments  shall 
be  presented  in  duplicate.  The  committee  reports  upon  this  fa- 
vorably and  recommends  its  adoption. 

On  motion  of  Mr.  J.  L.  O'Brian  subdivisions  one  and  two  of 
the  report  of  the  Committee  on  Rules  were  agreed  to  and  the  reso- 
lutions recommended  in  said  subdivisions  one  and  two  were 
adopted. 

On  motion  of  Mr.  Quigg  subdivisions  three,  four,  five  and  six  of 
said  report  were  made  a  special  order  for  Tuesday,  April  27th, 
and  the  record  of  the  day's  proceedings  was  ordered  printed  and 
placed  on  the  desks  of  the  delegates  by  10  a.  m.  of  that  day. 

Mr.  Quigg  moved  that  when  the  Convention  adjourns  this  day 
it  be  to  meet  again  Tuesday,  April  27th,  at  11  o'clock  a.  m., 
which  was  agreed  to. 

Mr.  J.  S.  Phillips,  from  the  Committee  on  Minor  Offices,  sub- 
mitted the  following  report: 


CONSTITUTIONAL  CONVENTION  19 

Pursuant  to  resolution  of  the  Constitutional  Convention, 
adopted  April  6,  1915,  your  committee  submits  the  following 
nominations  for  such  officers,  employees  and  assistants  as  have 
been  declared  by  resolution  of  the  Convention  to  be  necessary  and 
have  not  been  heretofore  elected  or  appointed. 

Assistant  secretaries,  Fred  W.  Hammond,  E.  W.  Moses,  William 
K.  Mansfield,  Almeth  W.  Hoff. 

Postmaster,  James  Underwood. 

General  clerks,  C.  Hamilton  Cook,  Albert  E.  Wellman,  John 
L.  Miller,  Frank  Hamer,  George  Henry,  Charles  Frieman, 
Charles  H.  Gardner,  Truman  C.  Bossard. 

Doorkeepers,  Michael  Kehoe,  W.  W.  Pulver,  Nathan  B.  Sher- 
rill,  John  J.  Brown. 

Janitor,  Major  B.  Poole. 

Assistant  janitor,  Abraham  Taylor. 

Messengers,  James  Hoey,  Lee  V.  Gardner,  Walter  Baynard, 
Victor  Adams,  Allen  Sweet,  Otto  Werner,  Benjamin  Kaiser, 
Herman  J.  Norton,  W.  C.  Hyde,  George  W.  Van  Hyning. 

Pages,  Ralph  Somerville,  Purcell  Mattimore,  Walter  Burt, 
Harry  Inglis,  Harold  McDonald,  Wesley  Ostrander,  John  Heffer- 
nan,  James  Toomey,  Joseph  Allen,  Fred  W.  Walsh. 

Your  committee  begs  leave  to  further  report  that  after  care- 
ful study  and  investigation  it  has  come  to  the  conclusion  that 
the  clerical  force  above  provided  for  is  entirely  inadequate  for 
the  proper  and  efficient  conduct  of  the  work  of  the  Convention, 
and,  therefore,  recommends  that  your  committee  be  empowered 
to  further  inquire  into  the  matter  and  to  submit  a  supplemental 
report  as  to  what  additional  places  if  any  should  be  created  and 
the  compensations  therefor. 

Jesse  S.  Phillips, 
Frederick  C.  Tanner, 
Ferris  J.  Meigs, 
Harold  J.  Hinman, 
Andrew  E.  Tuck, 
Edgar  M.  Doughty. 

Mr.  J.  S.  Phillips  offered  for  the  consideration  of  the  Con- 
vention a  resolution  in  the  words  following: 

Resolved,  That  the  report  of  the  Committee  on  Minor  Offices 
be  adopted  and  that  the  committee  be  continued  for  the  purposes 
recommended  in  the  report. 

which  was  agreed  to. 


20  JOURNAL  OF  THE 

Mr.  J.  S.  Phillips  offered  for  the  consideration  of  the  Con- 
vention a  resolution  in  the  words  following: 

Resolved,  That  the  following  named  persons  be  and  they  hereby 
are  elected  to  the  positions  indicated  below,  and  that  their  com- 
pensation, pursuant  to  resolution  heretofore  adopted,  be  fixed  at 
the  amounts  set  opposite  their  names  respectively : 

Assistant  secretaries,  Fred  W.  Hammond,  $2,500.00;  E.  W. 
Moses,  $2,500.00;  William  K.  Mansfield,  $2,500.00;  Almeth  W. 
Hoff,  $2,500.00. 

Assistant  sergeant-at-arms, ,  $5.00  per  day. 

Postmaster,  James  Underwood,  $6.00  per  day. 

General  clerks,  C.  Hamilton  Cook,  $5.00  per  day;  Albert  E. 
Wellman,  $5.00  per  day;  John  L.  Miller,  $5.00  per  day;  Frank 
Hamer,  $5.00  per  day;  George  Henry,  $5.00  per  day;  Charles 
Frieman,  $5.00  per  day;  Charles  H.  Gardner,  $5.00  per  day; 
Truman  C.  Bossard,  $5.00  per  day; y  $5.00  per  day. 

Doorkeepers,  Michael  Kehoe,  $5.00  per  day;  W.  W.  Pulver, 
$5.00  per  day;  Nathan  B.  Sherrill,  $5.00  per  day;  John  J. 
Brown,  $5.00  per  day. 

Janitor,  Major  R.  Poole,  $5.00  per  day. 

Assistant  janitor,  Abraham  Taylor,  $5.00  per  day. 

Messengers,  James  Hoey,  $3.00  per  day;  Lee  V.  Gardner, 
$3.00  per  day;  Walter  Baynard,  $3.00  per  day;  Victor  Adams, 
$3.00  per  day;  Allen  Sweet,  $3.00  per  day;  Otto  Werner,  $3.00 
per  day;  Benjamin  Kaiser,  $3.00  per  day;  Herman  J.  Norton, 
$3.00  per  day;  W.  C.  Hyde,  $3.00  per  day;  George  W.  Van 
Hyning,  $3.00  per  day. 

Pages,  Ralph  Somerville,  $2.00  per  day;  Purcell  Mattimore, 
$2.00  per  day;  WTalter  Burt,  $2.00  per  day;  Harry  Inglis,  $2.00 
per  day;  Harold  McDonald,  $2.00  per  day;  Wesley  Ostrander, 
$2.00  per  day;  John  HefTernan,  $2.00  per  day;  James  Toomey, 
$2.00  per  day;  Joseph  Allen,  $2.00  per  day";  Fred  W.  Walsh, 
$2.00  per  day. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative, 
a  majority  of  all  the  delegates  elected  to  the  Convention  voting 
in  favor  thereof. 

Mr.  President  announced  the  appointment  of  the  following 
standing  committees : 

1.  Preamble  and  Bill  of  Rights. —  Mr.  Marshall,  Chairman; 
Mr.   Reeves,   Mr.   Olcott,  Mr.   Schurman,   Mr.   Vanderlyn,  Mr. 


CONSTITUTIONAL  CONVENTION  2l 

Bunce,  Mr.   Curran,  Mr.   Morgan  J.   O'Brien,  Mr.  Weed,  Mr. 
F.  Martin,  Mr.  O'Connor. 

2.  The  Legislature,  its  Organization,  etc. —  Mr.  Brackett, 
Chairman;  Mr.  M.  Saxe,  Mr.  Quigg,  Mr.  Lindsey,  Mr.  Aiken, 
Mr.  R.  B.  Smith,  Mr.  Ford,  Mr.  Kirby,  Mr.  Linde,  Mr.  Bux- 
baum,  Mr.  Dennis,  Mr.  Tierney,  Mr.  A.  E.  Smith,  Mr.  Ahearn, 
Mr.  Haffen,  Mr.  Bernstein,  Mr.  Burkan. 

3.  Legislative  Powers. —  Mr.  Barnes,  Chairman ;  Mr.  Jesse 
Phillips,  Mr.  Schurman,  Mr.  Wadsworth,  Mr.  Brackett,  Mr. 
Olcott,  Mr.  Tanner,  Mr.  Hinman,  Mr.  Bockes,  Mr.  Wheeler, 
Mr.  Tuck,  Mr.  L.  M.  Martin,  Mr.  Sheehan,  Mr.  J.  G.  Saxe, 
Mr.  Foley,  Mr.  A.  E.  Smith,  Mr.  Ahearn. 

4.  Suffrage. —  Mr.  Cullinan,  Chairman;  Mr.  Stowell,  Mr. 
Waterman,  Mr.  Nye,  Mr.  Owen,  Mr.  Eggleston,  Mr.  C.  J. 
White,  Mr.  Mealy,  Mr.  Baumes,  Mr.  R.  E.  Weber,  Mr.  Williams, 
Mr.  J.  G.  Saxe,  Mr.  Dooling,  Mr.  Newburger,  Mr.  Frank,  Mr. 
Eisner,  Mr.  Kirk. 

5.  Governor  and  Other  State  Officers,  etc. —  Mr.  Tanner, 
Chairman;  Mr.  Rhees,  Mr.  E.  N.  Smith,  Mr.  Stimson,  Mr. 
Cullinan,  Mr.  Hale,  Mr.  Franchot,  Mr.  Bockes,  Mr.  C.  Nicoll, 
Mr.  Pelletreau,  Mr.  Angell,  Mr.  Bayes,  Mr.  Blauvelt,  Mr.  Dyk- 
man,  Mr.  Baldwin,  Mr.  F.  Martin,  Mr.  Donnelly. 

6.  Judiciary. — Mr.  Wickersham,  Chairman;  Mr.  Brackett, 
Mr.  Marshall,  Mr.  Gladding,  Mr.  Stimson,  Mr.  Clearwater,  Mr. 
Rodenbeck,  Mr.  Dunmore,  Mr.  Steinbrink,  Mr.  C.  H.  Young,  Mr. 
Sears,  Mr.  Cobb,  Mr.  Delancey  Nicoll,  Mr.  Stanchfield,  Mr. 
Sheehan,  Mr.   Dykman,   Mr.  Wagner. 

7.  State  Finances,  etc. —  Mr.  Stimson,  Chairman;  Mr.  Hin- 
man, Mr.  Low,  Mr.  Pelletreau,  Mr.  Parsons,  Mr.  Lincoln,  Mr. 
Lennox,  Mr.  Van  Ness,  Mr.  Austin,  Mr.  Beach,  Mr.  Bannister, 
Mr.  Dick,  Mr.  Wagner,  Mr.  Potter,  Mr.  Stanchfield,  Mr. 
Delancey  Nicoll,  Mr.  Slevin. 

8.  Cities. —  Mr.  Low,  Chairman;  Mr.  John  Lord  O'Brian, 
Mr.  Berri,  Mr.  Fobes,  Mr.  E.  N.  Smith,  Mr.  Latson,  Mr.  Green, 
Mr.  Wiggins,  Mr.  Franchot,  Mr.  V.  M.  Allen,  Mr.  Sanders, 
Mr.  C.  Nicoll,  Mr.  Foley,  Mr.  T.  F.  Smith,  Mr.  Baldwin,  Mr. 
Weed,  Mr.  Shipman. 


n  JOURNAL  OF  THE 

9.  Canals. —  Mr.  Clinton,  Chairman;  Mr.  Cullman,  Mr.  Lan- 
dreth,  Mr.  Tuck,  Mr.  Lindsay,  Mr.  Wiggins,  Mr.  R.  B.  Smith, 
Mr.   Green,  Mr.  Fogarty,  Mr.   Griffin,  Mr.  O'Connor. 

10.  Public  Utilities. —  Mr.  Hale,  Chairman;  Mr.  Olcott,  Mr. 
Westwood,  Mr.  Brenner,  Mr.  Mandeville,  Mr.  Deyo,  Mr.  Reeves, 
Mr.  Nye,  Mr.  Sanders,  Mr.  Fancher,  Mr.  Kirby,  Mr.  Mathew- 
son,  Mr.  McLean,  Mr.  Potter,  Mr.  Blauvelt,  Mr.  Foley,  Mr. 
Dooling. 

11.  Counties,  Towns  and  Villages,  their  Organization,  Govern- 
ment, etc. —  Mr.  John  Lord  O'Brian,  Chairman;  Mr.  Sharpe, 
Mr.  Coles,  Mr.  F.  L.  Young,  Mr.  Quigg,  Mr.  Parmenter,  Mr. 
Vanderlyn,  Mr.  Johnson,  Mr.  Heaton,  Mr.  Betts,  Mr.  Lincoln, 
Mr.  L.  M.  Martin,  Mr.  Slevin,  Mr.  Donnelly,  Mr.  C.  A.  Webber, 
Mr.  Schoonhut,  Mr.  Eppig. 

12.  County,  Town  and  Village  Officers. —  Mr.  Mereness, 
Chairman;  Mr.  Tuck,  Mr.  Ryder,  Mr.  Roach,  Mr.  Standart, 
Mr.  Greff,  Mr.  Ford,  Mr.  Barrett,  Mr.  Linde,  Mr.  Parker,  Mr. 
Buxbaum,  Mr.  Haffen,  Mr.  Daly,  Mr.  Wafer,  Mr.  Endres,  Mr. 
Bernstein,  Mr.  J.  J.  White. 

13.  Prisons,  etc.,  and  the  Prevention  and  Punishment  of 
Crime. —  Mr.  Clearwater,  Chairman;  Mr.  Ostrander,  Mr.  Mc- 
Kinney,  Mr.  Owen,  Mr.  Bell,  Mr.  Winslow,  Mr.  Adams,  Mr. 
Drummond,  Mr.  Leitner,  Mr.  Daly,  Mr.  Harawitz. 

14.  Corporations. —  Mr.  Brenner,  Chairman ;  Mr.  Fancher, 
Mr.  McKean,  Mr.  Wood,  Mr.  Doughty,  Mr.  Gladding,  Mr.  Bunce, 
Mr.  Adams,  Mr.  Rosch,  Mr.  Jones,  Mr.  Williams,  Mr.  Law,  Mr. 
Frank,  Mr.  Kirk,  Mr.  Mann,  Mr.  Donovan,  Mr.  Heyman. 

15.  Banking  and  Insurance. —  Mr.  Fobes,  Chairman;  Mr. 
Beach,  Mr.  Jesse  Phillips,  Mr.  Wheeler,  Mr.  Leggett,  Mr.  Van 
Ness,  Mr.  McKean,  Mr.  Richards,  Mr.  Mulry,  Mr.  Ryan,  Mr. 
Harawitz. 

16.  Militia  and  Military  Affairs. —  Mr.  Latson,  Chairman ;  Mr. 
Westwood,  Mr.  Dennis,  Mr.  Parker,  Mr.  McLean,  Mr.  Griffin, 
Mr.  Byrne. 

17.  Education. —  Mr.  Schurman,  Chairman;  Mr.  Clearwater, 
Mr.  Vanderlyn,  Mr.  Sargent,  Mr.  S.  K.  Phillips,  Mr.  Mandeville, 
Mr.  Ryder,  Mr.  Mealy,  Mr.  Lennox,  Mr.  Law,  Mr.  Baumes,  Mr. 
McKinney,  Mr.  Shipman,  Mr.  Potter,  Mr.  Ward,  Mr.  J.  J.  White, 
Mr.  Donovan. 


CONSTITUTIONAL  CONVENTION  23 

18.  Charities. —  Mr.  Wadsworth,  Chairman;  Mr.  Stowell,  Mr. 
Waterman,  Mr.  Parmenter,  Mr.  Johnson,  Mr.  Wiggins,  Mr. 
Doughty,  Mr.  Wood,  Mr.  Sargent,  Mr.  Bell,  Mr.  F.  C.  Allen, 
Mr.  Mulry,  Mr.  Leitner,  Mr.  Brummond,  Mr.  T.  F.  Smith,  Mr. 
Newburger,  Mr.  Eisner. 

19.  Industrial  Interests  and  Kelations.  Mr.  Parsons,  Chair- 
man ;  Mr.  Low,  Mr.  Curran,  Mr.  Berri,  Mr.  Parmenter,  Mr.  Fran- 
chot,  Mr.  Mandeville,  Mr.  Eggleston,  Mr.  C.  Nicoll,  Mr.  Jones, 
Mr.  Leggett,  Mr.  K.  E.  Weber,  Mr.  O'Connor,  Mr.  A.  E.  Smith, 
Mr.  Fogarty,  Mr.  Dahm,  Mr.  Unger. 

20.  Conservation  of  Natural  Resources. —  Mr.  Dow,  Chairman; 
Mr.  E.  N.  Smith,  Mr.  Clinton,  Mr.  Marshall,  Mr.  Whipple,  Mr. 
Rhees,  Mr.  Landreth,  Mr.  Meigs,  Mr.  Austin,  Mr.  Bannister,  Mr. 
Angell,  Mr.  Dunlap,  Mr.  Baldwin,  Mr.  Morgan  J.  O'Brien,  Mr. 
Leary,  Mr.  Blauvelt,  Mr.  J.  G.  Saxe. 

21.  Relations  to  the  Indians. —  Mr.  Lindsay,  Chairman ;  Mr. 
Whipple,  Mr.  Meigs,  Mr.  R.  B.  Smith,  Mr.  Shipman,  Mr.  Schoon- 
hut,  Mr.  Endres. 

22.  Future  Amendments  and  Revisions  of  the  Constitution. — 
Mr.  Hinman,  Chairman ;  Mr.  F.  L.  Young,  Mr.  Sharpe,  Mr.  Hea- 
ton,  Mr.  C.  J.  White,  Mr.  F.  Martin,  Mr.  Ward. 

23.  Revision  and  Engrossment. —  Mr.  Rodenbe<ik,  Chairman; 
Mr.  Quigg,  Mr.  Ostrander,  Mr.  Betts,  Mr.  Bayes,  Mr.  Newburger, 
Mr.  Leary. 

24.  Privileges  and  Elections.  Mr.  C.  H.  Young,  Chairman; 
Mr.  Brenner,  Mr.  Bunce,  Mr.  Cobb,  Mr.  Dunlap,  Mr.  F.  C.  Allen, 
Mr.  Tierney,  Mr.  Richards,  Mr.  Burkan,  Mr.  Heyman,  Mr. 
Byrne. 

25.  Printing. —  Mr.  Berri,  Chairman;  Mr.  Betts,  Mr.  Nixon, 
Mr.  Mereness,  Mr.  Beach,  Mr.  McLean,  Mr.  Dahm. 

26.  Contingent  Expenses. —  Mr.  S.  K.  Phillips,  Chairman;  Mr. 
Fobes,  Mr.  Sears,  Mr.  Sharpe,  Mr.  Bell,  Mr.  Mulry,  Mr.  Dykman. 

27.  Rules. —  Mr.  John  Lord  O'Brian,  Chairman;.  Mr.  Hale, 
Mr.  Barnes,  Mr.  Parsons,  Mr.  Delancey  Nicoll,  Mr.  Sheehan, 
Mr.  Wagner. 

28.  Civil  Service. —  Mr.  Rhees,  Chairman ;  Mr.  S.  K.  Phillips, 
Mr.  Wickersham,  Mr.  Dow,  Mr.  Dunmore,  Mr.  Deyo,  Mr.  Nixon, 
Mr.  Dick,  Mr.  Coles,  Mr.  McKean,  Mr.  Aiken,  Mr.  Winslow,  Mr. 
Weed,  Mr.  Richards,  Mr.  Unger,  Mr.  Eisner,  Mr.  Mann. 


U  JOURNAL  OF  THE 

29.  Library  and  Information. —  Mr.  Jesse  Phillips,  Chairman; 
Mr.  Wickersham,  Mr.  Rodenbeck,  Mr.  Wood,  Mr.  Morgan  J. 
O'Brien,  Mr.  Stanchfield,  Mr.  Leitner. 

30.  Taxation. —  Mr.  Martin  Saxe,  Chairman;  Mr.  Ostrander, 
Mr.  Steinbrink,  Mr.  Greff,  Mr.  Nixon,  Mr.  McKinney,  Mr.  Leg- 
gett,  Mr.  Standart,  Mr.  Byder,  Mr.  Barrett,  Mr.  Mathewson,  Mr. 
V.  M.  Allen,  Mr.  Unger,  Mr.  Ryan,  Mr.  Eppig,  Mr.  C.  A.  Webber, 
Mr.  Wafer. 

Mr.  Quigg  offered  for  the  consideration  of  the  Convention  a 
resolution  in  the  words  following: 

Resolved,  That  the  Committee  on  Rules  assign  committee  rooms 
to  the  several  committees. 

which  was  agreed  to. 

Mr.  Sheehan  offered  for  the  consideration  of  the  Convention  a 
resolution  in  the  words  following : 

Resolved,  That  we  tender  to  our  esteemed  associate,  Mr.  De- 
lancey  Nicoll,  the  profound  sympathy  of  this  body  at  the  irre- 
parable loss  he  has  substained  by  the  unexpected  death  of  his  only 
daughter. 

which  was  agreed  to  by  a  unanimous  rising  vote  of  the  Convention. 
On  motion  of  Mr.  Sheehan  the  Convention  adjourned. 


TUESDAY,  APRIL  27,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President  in 
the  chair. 

Prayer  by  Rev.  Dr.  Brooks. 

On  motion  of  Mr.  Wickersham  the  reading  of  the  journal  of 
Monday,  April  2 (5th,  was  dispensed  with  and  the  same  was 
approved. 

Mr.  Parsons  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

IN   THE   CONSTITUTIONAL   CONVENTION 
Resolution  in  Regard  to  Woman  Suffrage 

Whereas,  There  is  to  be  submitted  to  the  people  at  the  general 
election  in  this  year  an  amendment  to  section  1  of  article  II  of  the 
Constitution,  which  amendment  provides  for  woman  suffrage  and 
reads  as  follows: 


CONSTITUTIONAL  CONVENTION  25 

Section  1.  Resolved  (if  the  Assembly  concur),  That  section 
one  of  article  two  of  the  Constitution  be  amended  to  read  as 
follows : 

Section  1.  Every  [male]  citizen  of  the  age  of  twenty-one  years, 
who  shall  have  been  a  citizen  for  ninety  days,  and  an  inhabitant 
of  this  state  one  year  next  preceding  an  election,  and  for  the 
last  four  months  a  resident  of  the  county  and  for  the  last 
thirty  days  a  resident  of  the  election  district  in  which  he  or  she 
may  offer  his  or  her  vote,  shall  be  entitled  to  vote  at  such  election 
in  the  election  district  of  which  he  or  she  shall  at  the  time  be  a 
resident,  and  not  elsewhere,  for  all  officers  that  now  are  or  here- 
after may  be  elective  by  the  people,  and  upon  all  questions  which 
may  be  submitted  to  the  vote  of  the  people,  provided  that  a  citizen 
by  marriage  shall  have  been  an  inhabitant  of  the  United  States 
for  five  years;  and  provided  that  in  time  of  war  no  elector  in  the 
actual  military  service  of  the  state,  or  of  the  United  States,  in 
the  army  or  navy  thereof,  shall  be  deprived  of  his  or  her  vote  by 
reason  of  his  or  her  absence  from  such  election  district;  and  the 
legislature  shall  have  powTer  to  provide  the  manner  in  which  and 
the  time  and  place  at  which  such  absent  electors  may  vote,  and 
for  the  return  and  canvass  of  their  votes  in  the  election  districts 
in  which  they  respectively  reside. 

And  Whereas,  By  virtue  of  section  3  of  article  XIV  of  the 
Constitution,  any  amendment  proposed  by  this  Convention  relat- 
ing to  the  same  subject  will  if  approved  be  deemed  to  supersede 
the  foregoing  amendment  proposed  by  the  Legislature  and  hence 
misunderstanding  and  confusion  may  arise, 

Now,  therefore,  in  order  to  avoid  misunderstanding  and  con- 
fusion and  to  provide  that  if  the  people  shall  by  a  majority  of 
the  electors  voting  thereon  approve  and  ratify  said  legislative 
amendment  the  same  shall  take  effect,  and  that  if  they  shall  not 
approve  and  ratify  the  same  woman  suffrage  shall  not  take  effect, 
it  is 

Resolved  (1),  That  the  Convention  do  not  submit  any  amend- 
ment relating  to  the  subject  of  woman  suffrage; 

(2)  That  the  Convention  do  not  submit  a  complete  section  1 
of  article  II  of  the  Constitution  or  any  substitute  therefor  as  part 
of  a  proposed  revised  Constitution;  and 

(3)  That  if  the  Convention  shall  submit  any  other  amendment 
to  said  section  1  of  article  II  it  submit  the  same  in  such  a  manner 
that  neither  its  approval  and  ratification  by  the  people  nor  its 
failure  of  such  approval  and  ratification  shall  affect  the  deter- 
minative effect  of  the  aforesaid  popular  vote  on  the  said  legisla- 
tive amendment. 

which  was  referred  to  the  Committee  on  Suffrage. 


26  JOURNAL  OF  THE 

Mr.  S.  K.  Phillips  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  Secretary  be  requested  to  invite  the  clergy- 
men of  the  city  of  Albany  in  charge  of  parishes  to  open  the  daily 
sessions  of  this  Convention  with  prayer. 

which  was  agreed  to. 

Mr.  Clearwater  presented  the  recommendations  of  the  New  York 
State  Bar  Association,  which  were  referred  to  the  Committee  on  the 
Judiciary. 

Mr.  S.  K.  Phillips  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following : 

Resolved,  That  the  Secretary  of  the  Convention  be  authorized 
to  take  over  the  existing  telephone  exchange  system  and  employ 
two  operators  at  a  total  expense  not  to  exceed  $6.50  per  day. 

which  was  agreed  to. 

Mr.  S.  K.  Phillips  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following : 

Resolved,  That  the  Secretary  of  the  Convention  be  authorized 
to  contract  with  the  Great  Bear  Spring  Water  Company  for  a 
supply  of  drinking  water,  subject  to  the  approval  of  the  Com- 
mittee on  Contingent  Expenses. 

Debate  was  had. 

On  motion  of  Mr.  Brackett,  said  resolution  was  recommitted  to 
the  Committee  on  Contingent  Expenses. 

Mr.  J.  S.  Phillips  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  following  named  positions  be  and  they  hereby 
are  created  and  that  the  compensation  therefor  be  as  herein- 
after stated:  Financial  clerk,  at  a  salary  of  $1,500.00;  assistant 
financial  clerk  at  a  salary  of  $10.00  per  day. 

And  be  it  further  Resolved,  That  each  of  such  clerks  shall 
before  entering  upon  the  duties  of  his  office  execute  an  official 
undertaking  in  the  sum  of  $10,000.00. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative, 
a  majority  of  all  the  delegates  elected  to  the  Convention  voting  in 
favor  thereof. 

Mr.  J.  S.  Phillips  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following : 


CONSTITUTIONAL  CONVENTION  27 

Resolved,  That  the  following  named  persons  be  and  they 
hereby  are  elected  to  the  positions  indicated  below  and  that  their 
compensation  pursuant  to  resolution  heretofore  adopted  be  fixed 
at  the  amounts  set  opposite  their  names,  respectively:  Fred  M. 
Bishop,  financial  clerk,  $1,500.00 ;  Harry  J.  Henry,  assistant 
financial  clerk,  $10.00  per  day. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative,  a 
majority  of  all  the  delegates  elected  to  the  Convention  voting  in 
favor  thereof. 

Mr.  J.  L.  O'Brian  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following : 

Resolved,  That  until  further  ordered  the  Convention  meet  at 
ten  o'clock  a.  m.  on  Tuesdays,  Wednesdays,  Thursdays  and 
Fridays ;  and  that  all  committees  have  leave  to  sit  notwithstanding 
the  sessions  of  the  Convention  at  and  after  eleven  o'clock  a.  m.  of 
each  day. 

which  was  agreed  to 

The  Secretary  called  the  roll  of  districts  and  the  following  propo- 
sitions were  introduced : 

By  Mr.  Reeves:  "A  proposition  to  amend  Article  VI  of  the 
Constitution,  in  relation  to  a  Probate  Division  of  the  Supreme 
Court,  and  the  transfer  of  the  powers  and  jurisdiction  of  the 
Surrogates'  Courts  to  such  Division  "  (Int.  No.  1),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  the 
Judiciary. 

Also,  "A  proposition  to  amend  Article  VI  of  the  Constitution, 
in  relation  to  a  land  division  of  the  Supreme  Court  "  (Int.  No.  2), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  the  Judiciary. 

By  Mr.  White,  J.  J. :  "A  proposition  to  amend  Section  eight 
of  Article  III  of  the  Constitution,  in  relation  to  persons  disquali- 
fied from  being  members"  (Int.  No.  3),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Legislative 
Powers. 

By  Mr.  Saxe,  J.  G. :  "A  proposition  to  amend  Section  four  of 
Article  II  of  the  Constitution,  in  respect  to  the  enactment  of  elec- 
tion and  registration  laws"  (Int.  No.  4),  which  was  read  twice., 
ordered  printed  and  referred  to  the  Committee  on  Suffrage. 


28  JOURNAL  OF  THE 

By  Mr.  Parsons :  "A  proposition,  to  amend  Section  six  of  Article 
I  of  the  Constitution  so  as  to  limit  the  application  of  the  provision 
in  regard  to  the  immunity  of  witnesses  "  (Int.  No.  5),  which  was 
lead  twice,  ordered  printed  and  referred  to  the  Committee  on  Bill 
of  Rights. 

Also,  "A  proposition  to  amend  Article  VII  of  the  Constitution 
by  adding  a  section  to  prevent  the  use  of  the  proceeds  of  indebted- 
ness payable  in  more  than  a  year  for  other  than  capital  expendi- 
tures for  objects  having  as  long  a  life  as  that  of  the  obligation  " 
(Int.  No.  6),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  State  Finances. 

By  Mr.  Olcott :  "A  proposition  to  amend  Section  five  of  Article 
VI  of  the  Constitution,  in  respect  to  the  court  of  general  sessions 
of  the  peace  in  and  for  the  city  and  county  of  New  York  "  (Int. 
No.  7),  which  was  read  twice,  ordered  printed  and  relerred  to  the 
Committee  on  the  Judiciary. 

By  Mr.  linger :  "A  proposition  to  amend  Section  ten  of  Article 
VI  of  the  Constitution  to  enable  judges  of  the  Court  of  Appeals 
and  justices  of  the  Supreme  Court  to  become  candidates  for  public 
office  "  (Int.  No.  8),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  en  the  Judiciary. 

By  Mr.  Donnelly:  "A  proposition  to  amend  the  Constitution 
by  adding  a  section  to  give  power  to  the  Legislature  and  Governor 
to  require  opinions  of  the  Court  of  Appeals  "  (Int.  No.  9),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
the  Judiciary. 

By  Mr.  Young,  C.  II. :  "A  proposition  to  amend  Section  seven 
of  Article  VII  of  the  Constitution,  in  relation  to  lands  of  the  State 
now  owned  or  hereafter  acquired  constituting  the  Forest  Preserve  " 
(Int.  No.  10),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Conservation  of  Natural  Resources. 

Also,  "A  proposition  to  amend  Section  six  of  Article  I  of  the 
Constitution,  relating  to  the  bill  of  rights"  (Int.  No.  11),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee 
on  Bill  of  Rights. 

Also,  "A  proposition  to  amend  Section  twenty-six  of  Article 
III  of  the  'Constitution,  in  relation  to  boards  of  supervisors" 
(Int.  No,   12),  which  was  read  twice,  ordered  printed  and  re- 


CONSTITUTIONAL  CONVENTION  29 

ferred  to  the  Committee  on  County,  Town  and  Village  Organi- 
zation. 

Also,  "A  proposition  to  amend  Article  IV  of  the  Constitution, 
relating  to  a  budget  commission  "  (Int.  No.  13),  which  was  read 
twice,  ordered  printed,  and  referred  to  the  Committee  on 
State  Finances. 

Also,  "A  proposition  to  amend  Section  fourteen  of  Article 
VI  of  the  Constitution,  relating  to  the  county  courts,  the  city 
court  of  the  city  of  New  York  and  the  court  of  general  sessions 
in  the  county  of  New  York"  (Int.  No.  14),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  the 
Judiciary. 

By  Mr.  Brackett:  "A  proposition  to  amend  Section  one  of 
Article  VI  of  the  Constitution,  relating  to  the  jurisdiction  of 
the  Supreme  Court"  (Int.  No.  15),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  the  Judiciary. 

Also,  "A  proposition  to  amend  Section  six  of  Article  I  of  the 
Constitution  by  adding  thereto  certain  provisions  relating  to 
minutes  of  the  grand  jury  "  (Int.  No.  16),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Bill  of  Rights. 

By  Mr.  Aiken:  "A  proposition  to  amend  Section  two  of 
Article  I  of  the  Constitution  to  provide-  that  an  agreement  of 
three-fourths  of  a  jury  shall  constitute  a  verdict"  (Int.  No.  17) , 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Bill  of  Rights. 

Also,  "A  proposition  to  amend  Section  eighteen  of  Article  I 
of  the  Constitution,  in  reference  to  action  to  recover  damages 
for  injuries  resulting  in  death"  (Int.  No.  18),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Bill 
of  Rights. 

Also,  "A  proposition  to  amend  Article  IV  of  the  Constitution 
so  as  to  provide  that  the  Governor  may  attend  any  session  of  the 
Legislature,  and  also  to  provide  for  a  budget"  (Int.  No.  19), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Governor  and  Other  State  Officers. 

Also,  "A  proposition  to  amend  Article  VI  of  the  Constitution 
by  providing  for  a  nomination  of  judges  of  the  Court  of  Appeals 
and  justices  of  the  Supreme  Court  by  the  chief  judge  of  the 


30  JOUKNAL  OF  THE 

Court  of  Appeals''  (Int.  No.  20),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  the  Judiciary. 

Also,  "A  proposition  to  amend  Section  six  of  Article  VI  of 
the  Constitution  by  establishing  a  court  of  criminal  appeals  " 
(Int.  No.  21),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  the  Judiciary. 

Also,  "A  proposition  to  empower  the  judges  of  the  Court  of 
Appeals  and  justices  of  the  Supreme  Court  to  adopt  rules  govern- 
ing practice  and  procedure  of  the  courts"  (Int.  No.  22),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee 
on  the  Judiciary. 

Also,  "A  proposition  to  amend  Section  nineteen  of  Article  I 
of  the  Constitution  to  provide  workmen's  compensation  for  injuries 
or  death  from  accident  or  occupational  disease"  (Int.  No.  23), 
which  was  read  twice,  ordered  printed,  and  referred  to  the  Com- 
mittee on  Kelations  to  the  Indians. 

By  Mr.  Betts :  "A  proposition  to  amend  Section  five  of  Article 
I  of  the  Constitution,  in  relation  to  excessive  bail,  excessive  fines 
and  death  penalty  or  unusual  punishments,  and  the  detention  of 
witnesses  "  (Int.  No.  24),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Bill  of  Eights. 

By  Mr.  Whipple:  "A  proposition  to  amend  Section  seven  of 
Article  VII  of  the  Constitution,  relating  to  the  forest  preserve, 
relating  to  dead  timber,  roads,  trails  and  camp  sites  and  to  the 
Commissioner  of  the  Conservation  Commission"  (Int.  No.  25), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Conservation. 

By  Mr.  Sheehan :  " A  proposition  to  amend  Sections  two,  four, 
seven  and  eight  of  the  Judiciary  Article  of  the  Constitution  "  (Int. 
No.  26),  which  was  read  twice,  ordered  printed  and  Tef erred  to 
the  Committee  on  the  Judiciary. 

Mr.  President  presented  the  following  report  of  the  State 
Printing  Board : 

To  the  Constitutional  Convention: 

Gentlemen:  Acting  in  accordance  with  your  resolution  dated 
April  7,  1915,  authorizing  the  State  Printing  Board  to  execute 
a  contract  for  the  printing  of  the  journals,  documents  and  pro- 
ceedings of  the  Constitutional  Convention,  pursuant  to  the  recom- 
mendation of  the  Committee   (of  the  Convention)  on  Printing, 


CONSTITUTIONAL  CONVENTION  31 

in  their  report  made  April  7,  1915,  we  the  undersigned,  com- 
posing the  State  Printing  Board,  beg  leave  to  report  that  on  the 
22d  day  of  April,  1915,  we  executed  the  contract  with  J.  B. 
Lyon  Company  for  the  printing  of  the  journals,  documents  and 
proceedings  of  the  Convention  recommended  by  said  Committee, 
as  required  by  said  resolution;  that  said  contract  is  in  form  as 
recommended  by  the  report  of  said  committee  and  required  by 
the  said  resolution  of  the  Convention ;  that  one  duplicate  original 
of  said  contract,  executed  by  J.  B.  Lyon  Company  and  by  the 
State  Printing  Board,  has  been  filed  with  the  Comptroller  of 
the  State,  endorsed  with  his  approval,  as  required  by  section  16 
of  the  Finance  Law,  and  a  duplicate  original  of  said  contract,  as 
executed,  is  annexed  hereto  and  submitted  herewith,  except  that 
the  exhibits  appended  thereto  are  copies  of  the  originals  of  those 
attached  to  the  contract  filed  with  the  Comptroller. 

That,  upon  the  execution  of  said  contract,  and  bearing  even 
date  therewith,  the  said  J.  B.  Lyon  Company  executed  to  the 
People  of  the  State  its  bond  in  the  penal  sum  of  twenty-five 
thousand  dollars  ($25,000),  with  the  Fidelity  and  Deposit  Com- 
pany of  Baltimore,  Maryland,  as  surety,  conditioned  for  the 
faithful  performance  of  its  said  contract,  which  bond  was  ap- 
proved by  the  Comptroller,  as  to  form,  by  the  Attorney-General, 
and  the  same  has  been  filed  with  the  Comptroller,  as  required  by 
law. 

All  of  which  is  respectfully  submitted. 
Dated,  April  23,  1915. 

Francis  M.  Hugo, 

Secretary  of  State. 

Eugene  M.  Travis, 

State  Comptroller. 

Egburt  E.  Woodbury, 

Attorney-General. 

Composing  the  State  Printing  Board. 

which  together  with  the  accompanying  papers  was  ordered  printed 
as  a  document. 

Mr.  President  announced  the  special  order,  being  the  considera- 
tion of  subdivisions  three,  four,  five  and  Six  of  the  report  Ci  the 
Committee  on  Rules  submitted  April  26th. 

Mr.  J.  L.  O'Brian  asked  a  division  of  the  question. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  subdivision  three  of  said  report,  and  it  was  determined  in 
the  affirmative. 


32  JOURNAL  OP  THE 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  subdivision  four  of  said  report,  and  it  was  determined  in 
the  affirmative. 

Mr.  J.  L.  O'Brian  moved  that  subdivision  five  of  said  report  be 
laid  upon  the  table,  which  was  agreed  to. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  subdivision  six  of  said  report,  and  it  was  determined  in 
the  affirmative. 

Mr.  Quigg  moved  that  the  Secretary  be  instructed  to  order  the 
amended  rules  of  the  Convention  printed  as  a  document,  which 
was  agreed  to. 

Pursuant  to  Kule  7  the  President  designated  the  following 
named  persons  who  shall  act  as  reporters  of  the  public  press,  and 
who  shall  be  admitted  to  the  floor  as  such  and  shall  be  entitled  to 
the  seats  designated  upon  a  list  in  the  hands  of  the  Sergeant-at- 
Arms: 

The  Associated  Press Labert  St.  Clair,  Mgr. 

G.  P.  Cozzens 
The  International  News Frederick  T.  Cardoze,  Mgr. 

Samuel  J.  T.  Coe 
The  United  Press Hal  O'Flaherity,  Mgr. 

John  H.  Hearly 
The  Knickerbocker  Press Albert  E.  Dale 

Thomas  C.  Stowell 
The  Albany  Journal James  R.  Gaylor 

W.  H.  Brainerd 

The  Albany  Times-Union Lynn  A.  E.  Gale 

The  Albany  Argus Harry  W.  Smith 

Neil  McDonald 
The  New  York  World Charles  S.  Hand 

Fred  W.  Wose 
The  New  York  Herald    Don  Martin 

John  Stuart 
The  New  York  Tribune Denis  T.  Lynch 

John  C.  Crary 
The  New  York  American    William  Hoster 

Louis  J.  Lang 
The  New  York  Times   W.  Axel  Warn 


CONSTITUTIONAL  CONVENTION  33 

The  New  York  Sun Joseph  L.  McEntee 

The  New  York  Mail    Frank  N.  Robinson 

The  New  York  Post Harold  P.  Stokes 

The  New  York  Press Patrick  T.  Rellihan 

The  New  York  Globe Frank  A.  Vaughan 

The  New  York  Staats-Zeitung  ....  Franz  Richter 

The  New  York  Telegraph Edward  S.  Luther 

George  W.  Herrick 

The  Brooklyn  Eagle Harold  J.  Blackford 

The  Brooklyn  Citizen George  M.  Janvrin 

The  Brooklyn  Standard-Union.  .  .  .  Joseph  J.  Early 

The  Buffalo  Courier H.  P.  Jarvis 

The  Buffalo  Express Burroughs  Matthews 

The  Troy  Record George  W.  Franklin 

The  Troy  Times Milford  H.  Fancher 

The  Utica  Press    Edward  C.  Cuyler 

Mr.  M.  J.  O'Brien  was  excused  from  the  session  of  the  Conven- 
tion for  the  week. 

Mr.  Hinman  was  excused  for  the  week. 

Mr.  Clinton  was  excused  from  the  sessions  of  Thursday  and 
Friday. 

Mr.  Wafer  was  excused  indefinitely  on  account  of  illness. 

Mr.  Delancey  Nicoll  was  excused  indefinitely. 

Mr.  A.  J.  Shipman  was  excused  from  to-day's  session. 

Mr.  Barnes  was  excused  for  the  week. 

On  motion  of  Mr.  Olcott,  the  Convention  adjourned. 


WEDNESDAY,  APRIL  28,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  reading  of  the  journal  of 
yesterday  was  dispensed  with  and  the  same  was  approved. 

3 


34  JOURNAL  OF  THE 

Mr.  Wiggins  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Clerk  of  this  Convention  be  directed  to  pro- 
cure from  the  Clerk  of  the  Court  of  Appeals  the  following  in- 
formation : 

(1)  The  number  of  criminal  appeals  presented  to  the  court 
during  each  of  the  past  five  years  up  to  January  1,  1915. 

(2)  The  number  of  cases  on  appeal  filed  with  the  court  pur- 
suant to  subdivision  1  of  section  190  of  the  Code  of  Civil  Pro- 
cedure during  each  of  the  past  five  years. 

(3)  The  number  of  cases  on  appeal  filed  with  the  court  pur- 
suant to  subdivision  2  of  section  190  of  the  Code  of  Civil  Pro- 
cedure during  each  of  the  past  Hve  years. 

(4)  The  number  of  cases  on  appeal  filed  with  the  court  pur- 
suant to  subdivision  1  of  section  191  of  the  Code  of  Civil  Pro- 
cedure during  each  of  the  past  five  years. 

(5)  The  number  of  cases  on  appeal  filed  with  the  court  in  which 
the  decision  of  the  Appellate  Division  was  not  unanimous. 

(6)  The  total  number  of  cases  on  appeal  which  have  been 
placed  upon  the  calendar  but  not  reached  for  argument  on  the 
first  of  January  of  each  year  during  the  past  five  years. 

which  was  referred  to  the  Committee  on  Library  and  Information. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  submitted  the 
following  report: 

The  Committee  on  Rules  reports  that  it  has  conferred  with 
the  various  chairmen,  and  that,  pursuant  to  the  resolution  of  the 
Convention  adopted  April  26,  1915,  it  has  assigned  rooms  to  the 
several  committees  as  follows: 

Committees  Rooms  Assigned 

1.  Bill  of  Rights Assembly  Parlor 

2.  Legislative  Organization 329 

3.  Legislative  Powers 342 

4.  Suffrage 237 

5.  Governor  and  State  Officers 332 

6.  Judiciary Assembly  Parlor 

7.  State  Finances 332 

8.  Cities 341-342 

9.  Canals 235 

10.  Public  Utilities 344 

11.  County,  Town  and  Village  Cov't.  .  .  New  Assembly  Library 

12.  County,  Town  and  Village  Officers.  400-401 


CONSTITUTIONAL  CONVENTION  35 

Committees  Rooms  Assigned 

13.  Prisons 225 

14.  Corporations -   227 

15.  Banking  and  Insurance 227 

16.  Military  Affairs 235 

17.  Education 329 

18.  Charities 400-401 

19.  Industrial  Kelations 423-424 

20.  Conservation New  Assembly  Library 

21.  Relations  to  the  Indians 233 

22.  Future  Amendments  and  Eevision .    341 

23.  Revision Court  of  Claims   Court 

Room 

24.  Privileges  and  Elections 229 

25.  Printing 233 

26.  Contingent  Expenses 236 

27.  Rules The  President's  Room 

28.  Civil  Service 344 

29.  Library  and  Information 229 

30.  Taxation Offices  Tax  Department 

Mr.  Vice-President  Schurman 226 

Mr.  Vice-President  O'Brien 228 

which  was  agreed  to. 

Mr.  J.  L.  O'Brian  offered  for  the  consideration  of  the  Con- 
vention a  resolution,  in  the  words  following: 

Resolved,  That  until  further  ordered  the  Convention  meet  at 
12  o'clock,  noon,  on  Tuesdays,  and  at  10  o'clock  a.  m.  on  Wed- 
nesdays, Thursdays  and  Fridays;  and  that  notwithstanding  the 
sessions  of  the  Convention,  all  committees  have  leave  to  sit  at 
and  after  11  o'clock  a.  m.  on  each  day. 

Mr.  Byrne  moved  to  amend  by  striking  out  "12  o'clock,  noon  " 
and  inserting  "  2  o'clock  p.  m." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

The  Secretary  called  the  roll  of  districts  and  the  following 
propositions  were  introduced: 

By  Mr.  Steinbrink:   "A  proposition  to  amend  Article  I,  Sec- 


36  JOURNAL  OF  THE 

tion  seven  of  the  Constitution  relating  to  condemnation  proceed- 
ings, by  striking  out  the  provision  providing  for  appointment  of 
commissioners  in  condemnation  proceedings"  (Int.  No.  27), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Bill  of  Rights. 

By  Mr.  Low:  "A  proposition  to  amend  the  Constitution  by 
inserting  a  new  section  on  franchises  in  Article  III  (Int.  No. 
28),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Legislative  Powers. 

By  Mr.  Olcott:  "A  proposition  to  amend  Section  nine  of 
Article  V  of  the  Constitution,  in  relation  to  appointments  and 
promotions  in  the  Civil  Service  of  the  State  so  as  to  include  hon- 
orably discharged  soldiers,  sailors  or  marines  who  served  during 
the  war  with  Spain  or  the  Insurrection  in  the  Philippine  Islands, 
in  the  preference  in  the  Civil  Service  of  the  State"  (Int.  No. 
29),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Civil  Service. 

By  Mr.  Richards:  aA  proposition  to  amend  Article  III, 
sections  two  and  six  of  the  Constitution  providing  for  biennial 
sessions  of  the  Legislature  and  extending  the  terms  of  office  of 
its  members  and  increasing  their  compensation"  (Int.  No.  30), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Legislative  Organization. 

By  Mr.  Blauvelt:  "A  proposition  to  amend  Article  VII  by 
adding  a  new  section  relating  to  highways  "  (Int.  No.  31),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee 
on  Public  Utilities. 

By  Mr.  Wiggins:  "A  proposition  to  amend  Article  III,  Sec- 
tion two  of  the  Constitution,  to  change  the  term  of  Assemblymen 
from  one  to  two  years"  (Int.  No.  32),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Legislative 
Organization. 

By  Mr.  Austin:  "A  proposition  to  amend  Article  XIV,  Sec- 
tion one  of  the  Constitution,  relating  to  future  amendments  to 
the  Constitution,  by  providing  that  no  such  amendment  shall  be 
passed  by  the  Legislature  until  it  shall  have  been  printed  and 
upon  the  desks  of  the  members,  in  its  final  form,  for  at  least 
five  calendar  legislative  days  prior  to  its  final  passage  "    (Int. 


CONSTITUTIONAL  CONVENTION  37 

No.  33),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Future  Amendments. 

By  Mr.  Austin:  "A  proposition  to  amend  Article  I  of  the 
Constitution  by  striking  therefrom  the  provisions  of  Section 
thirteen  of  said  article,  relating  to  leases  and  grants  of  agri- 
cultural land"  (Int.  No.  34),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Legislative  Powers. 

By  Mr.  Mereness:  "A  proposition  to  amend  Section  ten  of 
Article  VIII,  relating  to  elections  in  counties,  towns  and  vil- 
lages "  (Int.  No.  35),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Suffrage. 

Also,  "A  proposition  to  amend  Section  twenty-eight  of  Article 
III,  relating  to  granting  extra  compensation "  (Int.  No.  3G), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Legislative  Powers. 

By  Mr.  Smith,  R.  B. :  "A  proposition  to  amend  Section  seven 
of  Article  VII  of  the  Constitution,  in  relation  to  the  use  of  the 
forest  preserve"  (Int.  No.  37),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Conservation. 

Also,  "A  proposition  to  amend  Section  six  of  Article  II  of  the 
Constitution,  in  relation  to  election  officers"  (Int.  No.  38),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee 
on  Suffrage. 

By  Mr.  Lincoln :  "A  proposition  to  amend  Article  VI,  Section 
thirteen  of  the  Constitution,  relative  to  the  composition  and 
powers  of  the  court  for  the  trial  of  impeachments  "  (Int.  No.  39), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  the  Judiciary. 

By  Mr.  Austin:  "A  proposition  to  amend  Article  IX,  Section 
three  of  the  Constitution,  in  relation  to  the  preservation  of  the 
capital  of  the  common  school  fund  and  the  literature  fund " 
(Int.  No.  40),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  State  Finances. 

Mr.  Buxbaum  moved  that  the  'Committee  on  Printing  make 
inquiry  and  ascertain  why  the  printing  for  the  Convention  has 
not  been  delivered  as  required  by  the  contract,  which  was  agreed 
to. 

Mr.  Williams  was  excused  for  the  remainder  of  the  week. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


38  JOURNAL  OF  THE 


THURSDAY,  APRIL  29,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  reading  of  the  journal  of 
yesterday  was  dispensed  with  and  the  same  was  approved. 

Mr.  Buxbaum  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Minor  Officers,  etc.,  recom- 
mend to  this  'Convention  the  employment  of  ten  general  stenog- 
raphers and  suggest  their  names,  to  render  all  necessary  services 
to  the  delegates  in  their  correspondence,  preparation  of  resolu- 
tions, petitions  and  proposed  amendments. 

which  was  referred  to  the  Committee  on  Nominations  for  Minor 
Officers,  etc. 

The  Secretary  called  the  roll  of  districts  and  the  following 
propositions  were  introduced: 

By  Mr.  McKinney:  "A  proposition  to  amend  Article  III, 
Section  one  of  the  Constitution  by  providing  for  a  unicameral 
Legislature"  (Int.  No.  41),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Legislative  Organiza- 
tion. 

By  Mr.  Steinbrink :  "A  proposition  to  amend  Article  II,  Sec- 
tion four  of  the  Constitution  so  as  to  provide  for  absentee  voting  * 
(Int.  No.  342),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Suffrage. 

By  Mr.  Brenner:  "A  proposition  to  amend  article  I  of  the 
Constitution,  providing  that  in  civil  cases,  jurors  shall  be  six  in 
number  instead  of  common  law  jury  of  twelve"  (Int.  No.  43), 
which  was  read  twice,  ordered  printed,  and  referred  to  the  Com- 
mitte  on  Bill  of  Rights. 

Also,  "A  proposition  to  amend  Section  eighteen  of  Article  III 
of  the  Constitution,  in  regard  to  the  appointment  of  commission- 
ers of  jurors"  (Int.  No.  44),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  the  Judiciary. 

By  Mr.  Bayes:  "A  proposition  to  amend  Section  two  of 
Article  I  of  the  Constitution  of  the  State  of  New  York  relating 


CONSTITUTIONAL  CONVENTION  39 

to  trial  by  jury  "  (Int.  No.  45),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Bill  of  Rights. 

By  Mr.  Griffin:  "A  proposition  to  amend  Article  I  of  the 
Constitution  by  adding  a  new  section  in  relation  to  requiring 
uniformity  in  valuation  of  property  for  purposes  of  taxation  " 
(Int.  No.  46),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  State  Finance. 

Also,  "A  proposition  to  amend  Section  two  of  Article  III  of 
the  Constitution,  extending  the  terms  of  Senators  and  Assembly- 
men to  four  and  two  years,  respectively  "  (Int.  No.  47),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee 
on  Legislative  Organization. 

Also,  "A  proposition  to  amend  Section  six  of  Article  III  of  the 
Constitution,  increasing  the  salaries  of  Senators  and  Assembly- 
men "  (Int.  No.  48),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Legislative  Organization. 

Also,  "A  proposition  to  amend  Section  one  of  Article  IV  of  the 
Constitution,  extending  the  term  of  the  Governor  from  two  to 
four  years  "  (Int.  No.  49),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Governor  and  State  Officers. 

Also,  "A  proposition  to  amend  Section  four  of  Article  IV  of 
the  Constitution,  increasing  the  salary  of  the  Governor "  (Int. 
No.  50),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Governor  and  State  Officers. 

By  Mr.  Wiggins :  "A  proposition  to  amend  Article  II  of  Sec- 
tion one  of  the  Constitution  to  change  the  length  of  residence  of 
a  voter  in  a  county  from  four  months  to  thirty  days  "  (Int.  No. 
51),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Suffrage. 

By  Mr.  Dunmore:  "A  proposition  to  amend  Section  one  of 
Article  XIV  of  the  Constitution  "  (Int.  No.  52),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Future 
Amendments. 

Also,  "A  proposition  to  amend  Section  nine  of  Article  V  of  the 
State  Constitution  "  (Int.  No.  53),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Civil  Service. 

By  Mr.  Ray  B.  Smith:  "A  proposition  to  amend  Article  III, 
Section  eighteen  of  the  Constitution,  in  relation  to  the  power  of 


40  JOURNAL  OF  THE 

the  Legislature  to  pass  private  or  local  bills  "  (Int.  No.  54), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Legislative  Powers. 

Also,  "A  proposition  to  amend  Article  I  of  the  Constitution, 
in  relation  to  the  public  uses  for  which  private  property  may  be 
taken ;  and  the  assessment  of  damages  sustained  in  certain  cases  " 
(Int.  No.  55),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Bill  of  Rights. 

Also,  "A  proposition  to  amend  Article  VI  of  the  Constitution, 
in  relation  to  a  Court  of  Claims  "  (Int.  No.  56),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  the 
Judiciary. 

By  Mr.  Kirby :  "A  proposition  to  amend  Article  X  of  Section 
one  of  the  Constitution,  relating  to  the  office  of  sheriff  and  remov- 
ing the  disability  of  succession  "  (Int.  No.  57),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  County, 
Town  and  Village  Government. 

By  Mr.  Buxbaum:  "A  proposition  to  amend  Article  III  of 
the  Constitution,  in  relation  to  the  restriction  of  legislative 
powers"  (Int.  No.  58),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Legislative  Powers. 

Also,  "A  proposition  to  amend  Section  six,  Article  I  of  the  Con- 
stitution, in  relation  to  imprisonment  in  civil  actions  except  in 
certain  cases"  (Int.  No.  59),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  the  Judiciary. 

Mr.  Brackett  moved  that  the  Committee  on  the  Judiciary  report 
to  the  Convention  a  rule  providing  for  the  organization  of  a  depart- 
ment for  the  drafting  of  proposed  constitutional  amendments, 
which  was  agreed  to. 

Mr.  Parsons  moved  his  resolution  in  regard  to  suffrage  intro- 
duced April  27th  and  referred  to  the  Committee  on  Suffrage  be 
printed  as  a  document,  which  was  agreed  to. 

Mr.  Wickersham  moved  that  when  the  Convention  adjourns  to- 
day it  be  to  meet  again  Tuesday,  May  4th,  at  twelve  o'clock,  noon. 

Debate  was  had  thereon. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION  41 


TUESDAY  MAY  4,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  Chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  reading  of  the  journal  of 
Thursday,  April  29th,  was  dispensed  with  and  the  same  was 
approved. 

Mr.  Berri  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  five  hundred  additional  copies  of  Document 
]^o.  1  be  printed  for  the  use  of  the  Convention. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Steinbrink  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Secretary  of  this  Convention  ascertain  from 
the  officer  having  custody  of  the  records,  the,  names,  ages  and 
previous  judicial  services  of  the  official  referees  acting  as  such 
in  the  First  and  Second  Departments,  the  salaries  paid  to  each 
and  what  public  expense,  if  any,  there  is  in  connection  with  the 
conduct  of  their  office  and  the  number  of  actions  or  proceedings 
heard  and  disposed  of  by  each  of  them;  and  further 

Resolved,  That  such  information  be  obtained  whether  it  applies 
to  former  justices  of  the  Supreme  Court  or  to  former  municipal 
court  judges,  and  also  the  names,  ages  and  previous  judicial 
services  of  the  city  court  judges  eligible  to  appointment  as  official 
referees  under  the  recent  act  of  the  Legislature. 

which  was  referred  to  the  Committee  on  Library  and  Information 
with  instructions  to  confer  with  the  Judiciary  Committee. 

Mr.  Parsons  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Secretary  of  -State  be,  and  he  hereby  is, 
requested  to  submit  to  the  Convention  copies  of  all  proposed 
amendments  to  the  'Constitution  which  the  Legislature  has  sub- 
mitted to  the  people  for  approval  at  the  regular  election  this  year, 
and  that  the  same,  when  received,  be  printed  as  a  document. 


42  JOURNAL  OF  THE 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Stimson  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Governor  and  State  Officers 
be  discharged  from  the  further  consideration  of  proposed  Amend- 
ment (No.  19,  Int.  No.  19),  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  IV  of  the  'Constitution  so  as  to 
provide  that  the  Governor  may  attend  any  session  of  the  Legisla- 
ture, and  also  to  provide  for  a  budget,"  and  that  the  same  be 
referred  to  the  Committee  on  State  Finance. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Stimson  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  iState  Finance  be  discharged 
from  the  further  consideration  of  proposed  Amendment  (No.  46, 
Int.  No.  46),  entitled  "  Proposed  constitutional  amendment  to 
amend  Article  I  of  the  Constitution  by  adding  a  new  section,  in 
relation  to  requiring  uniformity  in  valuation  of  property  for 
purposes  of  taxation,"  and  that  the  same  be  referred  to  the  Com- 
mittee on  Taxation. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Mereness  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  County,  Town  and  Village 
Government  be  discharged  from  the  further  consideration  of  pro- 
posed Amendment  (No.  57,  Int.  No.  57),  entitled  "  Proposed  con- 
stitutional amendment  to  amend  Section  one,  Article  X  of  the 
Constitution,"  and  that  the  same  be  referred  to  the  Committee 
on  County,  Town  and  Village  Officers. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Dick  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Secretary  of  this  Convention  be,  and  he 
hereby  is,  directed  to  cause  a  printed  copy  of  each  proposed 
amendment  to  the  Constitution  which  has  been  introduced  into 


CONSTITUTIONAL  CONVENTION  43 

this  body  to  be  sent  immediately  to  each  New  York  State  Law 
Library  and  a  printed  copy  of  each  of  such  proposed  amendments 
as  hereafter  may  be  introduced  into  this  body  to  each  of  such 
libraries  as  soon  as  such  proposed  amendments  shall  have  been 
printed,  respectively. 

On  motion  of  Mr.  Wiekersham,  said  resolution  was  ordered  laid 
upon  the  table. 

Mr.  Westwood  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following : 

Resolved,  That  the  Commissioner  of  Highways  be  requested 
to  report  to  this  Convention  as  soon  as  practicable: 

1.  The  amount  of  money  actually  obtained  by  each  of  the 
counties  of  the  State  from  the  first  fifty  million  dollar  highway 
bond  issue. 

2.  The  amount  of  money  allotted  to  each  of  the  counties  of 
the  State  based  on  mileage,  area  and  population  from  the  second 
fifty  million  dollar  highway  bond  issue. 

3.  As  to  each  of  the  counties  of  the  State  the  amounts  of 
excess  or  deficiencies  in  the  allotment  of  the  second  fifty  million 
dollar  issue  compared  with  the  amounts  received  from  the  first 
fifty  million  dollar  issue. 

which  was  referred  to  the  Committee  on  Public  Utilities. 

The  Secretary  called  the  roll  of  districts  and  the  following 
propositions  were  introduced: 

By  Mr.  Coles :  "A  proposition  to  amend  Article  X  of  the  Con- 
stitution, relating  to  the  powers  and  duties  of  county  clerks  and 
registers,  in  reference  to  the  registration  of  land  titles  "  (Int.  No. 
60),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Judiciary. 

By  Mr.  Frank:  aA  proposition  to  amend  Article  VI,  Section 
fourteen  of  the  Constitution,  relating  to  county  courts"  (Int.  No. 
61),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Judiciary. 

By  Mr.  Adams:  "A  proposition  to  amend  Section  fourteen  of 
Article  VI  of  the  Constitution,  in  respect  to  the  county  court  in 
and  for  the  county  of  Kings  "  (Int.  No.  62),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Buxbaum:  "A  proposition  to  amend  Article  XIII  of 
the  Constitution,  in  relation  to  bribery,  corruption  and  fraud  " 


44  JOURNAL  OF  THE 

(Int.  No.  63),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Judiciary. 

By  Mr.  Steinbrink:  "A  proposition  to  amend  Section  four  of 
Article  VI  to  provide  a  method  for  the  retention  in  office  of  compe- 
tent justices  of  the  Supreme  -Court  who  have  served  a  full  term  " 
(Int.  No.  64),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Section  one  of  Article  VI,  in 
relation  to  striking  out  the  legislative  power  to  increase  the  num- 
ber of  Supreme  Court  justices"  (Int.  No.  65),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Section  twelve  of  Article  VI,  to 
fix  and  make  uniform  the  compensation  paid  to  justices  of  the 
Supreme  Court"  (Int.  No.  66),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Linde :  "A  proposition  to  amend  Section  one  of  Article 
IX  of  the  Constitution,  relating  to  education"  (Int.  No.  67), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Education. 

By  Mr.  Wagner:  "A  proposition  to  amend  Article  XII  of  the 
Constitution,  guaranteeing  to  cities  and  incorporated  villages  the 
right  of  municipal  self-government  and  restricting  the  power  of 
the  Legislature  to  the  enactment  of  general  laws  in  reference 
thereto  "  (Int.  No.  68),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Cities. 

By  Mr.  Griffin:  "A  proposition  to  amend  Article  III  by  add- 
ing a  new  section  in  relation  to  the  political  year  and  the  term 
of  the  Legislature  "  (Int.  No.  69),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Legislative  Powers. 

Also,  aA  proposition  to  amend  Article  III  by  adding  a  new 
section  prohibiting  the  passage  of  laws  granting  to  private  persons, 
associations  or  corporations  the  right  to  prosecute,  enforce  or  col- 
lect fines  and  penalties"  (Int.  No.  70),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Legislative 
Powers. 

By  Mr.  C.  H.  Young :  "A  proposition  to  amend  Section  seven 
of  Article  VII  of  the  State  Constitution,  relating  to  the  Conserva- 


CONSTITUTIONAL  CONVENTION  45 

tion  of  natural  resources"  (Int.  No.  71),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Conservation. 

By  Mr.  Barrett:  "A  proposition  to  amend  Article  VI,  Section 
eighteen,  in  relation  to  the  establishment  of  inferior  courts  "  (Int. 
No.  72),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Judiciary. 

By  Mr.  Wiggins :  "A  proposition  to  amend  Article  V,  Section 
one  of  the  Constitution,  in  relation  to  election  of  State  officers  " 
(Int.  No.  73),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Governor  and  State  Officers. 

Also,  "A  proposition  to  amend  Article  IV,  Section  two  of  the 
Constitution,  in  relation  to  Governor  and  Lieutenant-Governor  " 
(Int.  No.  74),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Suffrage. 

Also,  "A  proposition  to  amend  Article  V,  Section  two  of  the 
Constitution,  in  relation  to  election  of  State  officers"  (Int.  No. 
75),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Governor  and  State  Officers. 

By  Mr.  Quigg :  "A  proposition  to  amend  Section  six  of  Article 
I  of  the  Constitution  so  as  to  limit  the  application  of  the  provision 
in  regard  to  the  immunity  of  witnesses  "  (Int.  No.  76),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on  Bill 
of  Eights. 

By  Mr.  S.  K.  Phillips:  "A  proposition  to  amend  Section  nine 
of  Article  IV  of  the  Constitution,  in  relation  to  the  civil  service  " 
(Int.  No.  77),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Civil  Service. 

By  Mr.  Austin :  "A  proposition  to  amend  Article  III,  Section 
fifteen  of  the  Constitution,  relative  to  the  passage  of  bills  by  the 
Legislature,  by  striking  out  the  authorization  for  the  passage  of 
bills  under  emergency  messages  from  the  Governor"  (Int.  No. 
78),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Legislative  Powers. 

Also,  "A  proposition  to  amend  Article  III,  Section  twenty-one 
of  the  Constitution,  relative  to  the  time  within  which  payments 
may  be  made  from  appropriations,  and  limiting  reappropriations 
to  the  object  for  which  the  original  appropriation  was  made  "  (Int. 
No.  79),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  State  Finances. 


46  JOUKNAL  OF  THE 

By  Mr.  Brackett:  "A  proposition  to  amend  Article  V  of  the 
Constitution  by  adding  a  new  section  thereto  relating  to  the 
Superintendent  of  Insurance"  (Int.  No.  80),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Governor 
and  State  Officers. 

Also,  "A  proposition  to  amend  Section  three  of  Article  V  of 
the  Constitution,  relating  to  the  Superintendent  of  Public  Works  " 
(Int.  No.  81),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Governor  and  State  Officers. 

Also,  "A  proposition  to  amend  the  Constitution  by  adding 
thereto  a  section,  in  relation  to  a  board  of  pardon  and  parole" 
(Int.  No.  82),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Governor  and  State  Officers. 

Also,  "A  proposition  to  amend  Section  four  of  Article  V,  relat- 
ing to  Superintendent  of  State  Prisons"  (Int.  No.  83),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Governor  and  State  Officers. 

By  Mr.  E.  N.  Smith :  "A  proposition  to  amend  Section  seven 
of  Article  VII  of  the  Constitution,  in  reference  to  the  use  and  in- 
crease of  the  Forest  Preserve"  (Int.  No.  84),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on 
Conservation. 

Also,  "A  proposition  to  amend  Section  one  of  Article  V  of  the 
Constitution,  in  respect  to  State  officers  and  the  selection  thereof  " 
(Int.  No.  85),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Governor  and  State  Officers. 

Also,  "A  proposition  to  amend  Section  two  of  Article  V  of  the 
Constitution,  in  relation  to  the  duties  and  powers  of  State  officers, 
and  creating  administrative  departments"  (Int.  No.  86),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Governor  and  State  Officers. 

Also,  "A  proposition  to  amend  Section  one  of  Article  IV  of  the 
Constitution  by  increasing  the  term  of  office  of  the  Governor" 
(Int.  No.  87),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Governor  and  State  Officers. 

By  Mr.  Leggett:  "A  proposition  to  amend  Section  one  of 
Article  XIII  of  the  Constitution,  relating  to  the  official  oath" 
(Int.  No.  88),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Legislative  Organization. 


CONSTITUTIONAL  CONVENTION  47 

By  Mr.  Kirby:  "A  proposition  to  amend  Section  nine  of 
Article  X,  abolishing  fees  or  perquisites  of  all  State  and  county 
officers"  (Int.  No.  89),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  County,  Town  and  Village 
Officers. 

Also,  "A  proposition  to  amend  Section  two  of  Article  VIII, 
relating  to  the  documents,  records  and  papers  of  the  State  Board 
of  Charities  connected  with  the  visitation  and  inspection  of  certain 
institutions,  and  making  the  same  public  records"  (Int.  No.  90), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Charities. 

By  Mr.  Nixon:  "A  proposition  to  amend  Article  II,  Sec- 
tion one,  providing  privilege  of  suffrage  for  absent  voters"  (Int. 
No.  91),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Suffrage. 

Also,  "A  proposition  to  amend  Article  III  by  inserting  a  new 
section  providing  for  the  abolition  of  tax  exemptions"  (Int. 
No.  92),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Taxation. 

By  Mr.  Standart:  "A  proposition  to  amend  Article  III,  Sec- 
tions two  and  six,  extending  the  terms  of  office  of  members  of  the 
Legislature,  providing  for  biennial  sessions  thereof  and  increasing 
the  compensation  of  members  thereof"  (Int.  No.  93),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Legislative  Organization. 

Also,  "A  proposition  to  amend  Article  XIV,  Section  one, 
relating  to  future  amendments"  (Int.  No.  94),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Future 
Amendments. 

By  Mr.  Westwood:  "A  proposition  to  amend  Section  one  of 
Article  I  of  the  Constitution  by  providing  that  suits  may  be 
brought  against  the  State  as  against  an  individual "  (Int.  No.  95), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  submitted 
the  following: 


48  JOURNAL  OF  THE 

JOINT  REPORT  OF  THE  COMMITTEE  ON  RULES, 
THE  COMMITTEE  ON  MINOR  OFFICES  AND  THE 
COMMITTEE  ON  CONTINGENT  EXPENSES. 

In  order  that  the  delegates  may  have  adequate  stenographic 
service  your  Committees  recommend  that  the  Convention  employ 
twelve  additional  stenographers  at  a  salary  of  not  more  than  four 
dollars  a  day  each,  to  do  official  stenographic  work  for  the  dele- 
gates and  such  other  work  as  may  be  assigned  to  them  by  the 
official  stenographer. 

And  your  Committees  further  recommend  that  the  Convention 
employ  for  each  of  the  Vice-Presidents  of  the  Convention  a  secre- 
tary at  a  salary  of  not  more  than  ten  dollars  a  day  each. 

And  your  Committees  further  recommend  that  arrangements 
be  made  so  that  letters  and  other  communications  in  relation  to 
the  official  business  of  the  Convention  be  forwarded  prepaid  at 
the  expense  of  the  Convention,  and  recommend  the  following 
practice : 

That  letters  and  other  communications  relating  to  the  official 
business  of  the  Convention  be  delivered  by  the  delegates  to  the 
Postmaster  of  the  Convention,  who  shall  place  the  necessary  post- 
age stamps  thereon,  and  shall  also  cause  the  same  to  be  marked 
"  Official  Business,  State  of  New  York,"  and  to  carry  out  these 
recommendations  your  Committees  recommend  the  following 
resolutions : 

Resolved,  That  the  Convention  employ  twelve  additional  sten- 
ographers to  be  designated  by  the  official  stenographer,  at  a  salary 
of  not  more  than  four  dollars  a  day  each,  to  do  the  official 
stenographic  work  of  the  delegates,  and  such  other  work  as  shall 
be  assigned  to  them  by  the  official  stenographer  of  the  Convention. 

And  Resolved,  That  the  Convention  employ  for  each  of  the 
Vice-Presidents  of  the  Convention  a  secretary,  at  a  salary  of  not 
more  than  ten  dollars  a  day  each. 

And  Resolved,  That  there  be  appropriated  five  hundred  dollars 
for  the  purchase  of  postage  stamps,  for  the  use  of  the  Postmaster 
of  the  Convention,  in  prepaying  the  postage  upon  official  letters 
and  communications  delivered  to  him  by  any  of  the  delegates, 
the  Postmaster,  however,  causing  all  such  letters  and  communica- 
tions to  be  marked  "  Official  Business,  State  of  New  York." 

John  Lord  O'Brian, 

Chairman  of  the  Committee  on  Rules, 
Jesse  S.  Phillips, 

Chairman  of  the  Committee  on  Minor 

S.  K-  Phillips,  °^es- 

^airman  of  the  Committee  on  Con- 
>       '  tingent  Expenses. 


CONSTITUTIONAL  CONVENTION  49 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report,  and  the  resolutions  therein  set  forth,  and  it 
was  determined  in  the  •  affirmative. 

Mr.  Wickersham,  from  the  Committee  on  Judiciary,  submitted 
the  following  report : 

The  Committee  on  Judiciary  reports  the  following  resolution, 
and  recommends  its  adoption : 

Resolved,  That  the  Committee  on  Revision  and  Engrossment 
be  authorized  and  directed  to  employ  an  expert  parliamentary 
draughtsman  to  assist  members  and  committees  in  the  preparation 
and  formulation  of  resolutions  and  proposed  amendments  to  the 
Constitution,  under  such  regulations  as  from  time  to  time  may 
be  adopted  by  the  said  Committee. 

which  report  was  agreed  to  and  the  resolution  adopted. 

The  Secretary  announced  the  designation  of  Assistant  Secre- 
tary Fred  W.  Hammond  as  his  Deputy  for  the  signing  of  official 
papers  and  certifications  of  the  Convention. 

Mr.  Barnes  was  excused  from  the  sessions  of  the  week. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


WEDNESDAY,  MAY  5,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Mr.  President. 

On  motion  of  Mr.  Wickersham,  the  reading  of  the  journal  of 
yesterday  was  dispensed  with  and  the  same  was  approved. 

Mr.  Marshall  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Clerk  of  the  Court  of  Appeals  be  requested 
to  examine  the  records  of  all  cases  argued  in  the  Court  of  Appeals 
during  the  year  1913  and  1914,  respectively,  whether  the  same 
be  reported  in  full  or  in  memorandum,  and  to  report  with  all  con- 
venient speed  with  respect  to  each  of  said  years  separately,  the 
following  facts: 

1.  As  to  the  general  subject  matter  of  said  causes. 

2.  As  to  the  number  of  cases  involving  questions  of  constitu- 
tional law. 

4 


50  JOURNAL  OF  THE 

3.  As  to  the  number  of  cases  involving  the  interpretation  of 
general  statutes  of  this  State  and  of  the  United  States. 

4.  As  to  the  number  of  cases  involving  questions  of  crim- 
inal law. 

5.  As  to  the  number  of  cases  involving  the  interpretation  of 
municipal  charters. 

6.  As  to  the  number  of  cases  involving  the  interpretation  of 
wills. 

7.  As  to  the  number  of  cases  in  which  appeals  were  allowed 
by  the  several  Appellate  Divisions,  pursuant  to  Section  190  of  the 
Code  of  Civil  Procedure. 

8.  As  to  the  number  of  cases  in  which  appeals  were  allowed 
by  the  several  Appellate  Divisions,  pursuant  to  Subdivision  2 
of  Section  191  of  the  Code  of  Civil  Procedure. 

9.  As  to  the  number  of  cases  in  which  appeals  were  allowed 
by  a  judge  of  the  Court  of  Appeals  pursuant  to  Subdivision  2 
of  Section  191  of  the  Code  of  Civil  Procedure. 

which  was  referred  to  the  Committee  on  Library  and  Information. 
Mr.  S.  K.  Phillips  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  official  stenographer  be  allowed  and  paid 
for  furnishing  two  transcripts  of  his  notes,  one  to  the  Secretary 
and  the  other  to  the  printer  for  the  Record,  twenty-five  cents  per 
folio  of  one  hundred  words. 

Documents  handed  up  to  the  desk  for  the  Record  shall  be  in- 
cluded.     Stationery  to  be  furnished  by  the  State. 

Said  resolution  giving  rise  to  debate,  ordered  that  the  same  be 
laid  upon  the  table. 

Mr.  Wagner  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  State  Comptroller  be  requested  to  transmit 
to  this  Convention  a  statement  showing  the  amount  and  term  of 
all  bonds  issued  under  the  provisions  of  Article  VII  of  the  Con- 
stitution and  now  outstanding;  also  the  amount  in  each  sinking 
fund  for  the  redemption  of  such  bonds,  together  with  the  amount 
which  should  be  in  each  sinking  fund  if  such  fund  was  main- 
tained on  a  three  per  cent  amortization  basis. 

Said  resolution  giving  rise  to  debate,  ordered  that  the  same  be 
laid  upon  the  table. 

Mr.  J.  L.  0 'Brian  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following : 


CONSTITUTIONAL  CONVENTION  51 

Resolved,  That  the  following  named  persons  be  employed  by 
this  Convention  as  clerks  and  stenographers  for  the  respective 
committees  hereinafter  named,  at  the  compensation  set  opposite 
their  names: 

Committee  on  Cities  —  Clerk,  Thomas  C.  Eiper,  $10  per  day. 
Stenographer,  I.  M.  Coonley,  $5  per  day. 

Committee  on  Judiciary  —  Clerk,  A.  Perry  Osborn,  $10 
per  day. 

Committee  on  Governor  and  Other  State  Officers  —  Clerk, 
Walter  T.  Arndt,  $10  per  day.  Stenographer,  Katherine  Cullen, 
$5  per  day. 

Committee  on  Taxation  —  Clerk,  Achille  H.  Bloch,  $7  per  day. 
Stenographer,  Mary  E.  Cummings,  $5  per  day. 

Committee  on  Finance  —  Stenographer,  Mabel  Pearson^  $5 
per  day. 

Committee  on  Industrial  Relations — Clerk,  Benjamin  M. 
Day,  $10  per  day.     Stenographer,  Sarah  Piloff,  $5  per  day. 

Committee  on  County,  Town  and  Village  Government — Clerk, 
Washington  Russell,  $10  per  day.  Stenographer,  Joseph  Downey, 
$5  per  day. 

Committee  on  Conservation  —  Clerk,  E.  H.  Hall,  $10  per  day. 
Stenographer,  Bertha  G.  Frost,  $5  per  day. 

For  the  two  Committees  on  Canals  and  Militia  —  Clerk,  Wil- 
liam F.  Schottin,  $7  per  day.  Stenographer,  Lillian  Temple, 
$5  per  day. 

For  the  two  Committees  on  Public  Utilities  and  Civil  Service  — 
Clerk,  Homer  M.  Wallace,  $7  per  day.  Stenographer,  Walter  F. 
Berry,  $5  per  day. 

For  the  two  Committees  on  Legislative  Powers  and  Educa- 
tion—  Clerk,  George  D.  Sterritt,  $10  per  day. 

For  the  two  Committees  on  Corporations  and  Banking —  Clerk, 
W.  Paul  Eddy,  $7  per  day. 

For  the  two  Committees  on  Privileges  and  Elections  and 
Library  —  Clerk,  W.  S.  Coffey,  $7  per  day.  Stenographer,  Wil- 
liam D.  Fuller,  $5  per  day. 

For  the  two  Committees  on  Contingent  Expenses  and  Prisons 
—  Clerk,  Cornelius  Shufelt,  $10  per  day.  Stenographer,  George 
W.  Munson,  $5  per  day. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative, 
a  majority  of  all  the  delegates  elected  to  the  Convention  voting  in 
favor  thereof. 


52  JOURNAL  OF  THE 

Mr.  J.  L.  O'Brian  presented  the  following  announcement : 

Pursuant  to  resolution  heretofore  adopted  authorizing  and 
directing  the  official  stenographer  to  designate  twelve  general 
stenographers  for  the  use  of  the  Convention,  I  hereby  designate 
the  following:  Gertrude  Powers,  James  S.  Clair,  Lena  Christen- 
son,  Mabel  Jameson,  Alice  A.  Ladd,  Elsie  Truax,  Helen  M. 
Myers,  Helen  Dittrich,  Freda  Dunger,  Rena  Collins,  Edna  M. 
Gould  and  Frances  Dulin. 

John  K.  Marshall, 
Official  Stenographer,  Constitutional  Convention. 

Mr.  J.  L.  O'Brian  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  Convention  employ  as  general  stenographers 
the  persons  named  in  the  communication  of  the  official  stenog- 
rapher, at  a  per  diem  compensation  of  $4  each. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative, 
a  majority  of  all  the  delegates  elected  to  the  Convention  voting  in 
favor  thereof. 

Mr.  J.  L.  O'Brian  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  Secretary  be  directed  to  notify  forthwith 
the  Superintendent  of  Public  Buildings  that  this  Convention 
requires  for  its  use  the  following  rooms  in  the  Capitol,  viz.: 
Assembly  Chamber,  Senate  Chamber,  Assembly  Parlor,  New 
Assembly  Library,  Speaker's  Room,  Assembly  Clerk's  Rooms, 
Post-office  and  Locker  Room,  and  Rooms  Nos.  226,  227,  228,  229, 
232,  233,  235,  236,  237,  239,  332,  341,  342,  344,  345,  346,  400, 
401,  423  and  424. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  J.  S.  Phillips,  from  the  Committee  on  Minor  Offices,  sub- 
mits the  following  supplemental  report : 

Resolved,  That  the  following  positions  be,  and  they  are  hereby, 
created,  and  that  the  compensation  therefor  be  as  hereinafter 
stated:  A  journal  clerk  at  a  salary  of  $2,000.  An  index  clerk 
at  a  salary  of  $1,500.  An  assistant  postmaster  at  $5  per  day. 
A  mail  and  document  carrier  at  $5  per  day.  A  superintendent 
of  documents  at  $5  per  day.  An  assistant  superintendent  of 
documents  at  $5  per  day.     A  stationery  clerk  at  $5  per  day.     A 


CONSTITUTIONAL  CONVENTION  53 

tally  clerk  at  $5  per  day.  A  doorkeeper  at  $5  per  day.  A  door- 
keeper at  $5  per  day.  A  doorkeeper  at  $5  per  day.  A  chief  of 
general  clerks  at  $10  per  day.  A  stenographer  to  the  Secretary 
of  the  Convention  at  $5  per  day.     • 

which  report  was  agreed  to. 

Mr.  J.  S.  Phillips  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following : 

Resolved,  That  the  following  named  persons  he,  and  they  are 
hereby,  elected  to  the  positions  indicated  below,  and  that  the 
compensation,  pursuant  to  resolution  heretofore  adopted,  be  fixed 
at  the  amount  set  opposite  their  names,  respectively : 

Compen- 
Position  Name  sation 

Journal  Clerk A.  Miner  Wellman $2,000 

Index  Clerk Roscoe  0.  Derrick 1,500 

Per    day 

Tally  Clerk Herbert  T.  Reed $5  00 

Assistant   Postmaster C.  B.  Wood 5  00 

Mail  and  Document  Carrier.  .  .  P.  J.  Hendricks 5  00 

Superintendent  of  Documents.  Benjamin  W.  Loring.  .  .  5  00 

Asst.  Supt.  of  Documents John  S.  Patterson 5  00 

Stationery  Clerk Frank  J.   Schumm.  ....  5  00 

Doorkeeper Patrick  J.  Calnon 5  00 

Doorkeeper W.  B.  Clark 5  00 

Chief  of  General  Clerks A.  C.  Brink 10  00 

Stenographer  to  Secretary ....  Alice  D.  Wilklow 500 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative, 
a  majority  of  all  the  delegates  elected  to  the  Convention  voting  in 
favor  thereof. 

The  Secretary  called  the  roll  of  districts  and  the  following 
propositions  were  introduced : 

By  Mr.  Latson :  aA  proposition  to  amend  Section  six  of  Article 
III  of  the  Constitution,  in  relation  to  the  compensation  of  members 
of  the  Legislature''  (Int.  No.  06),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Legislative  Organization. 

Also,  "A  proposition  to  amend  Section  seven  of  Article  I  of 
the  Constitution,  in  relation  to  compensation  for  taking  private 
property"  (Int.  No.  97),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Bill  of  Rights. 


54  JOURNAL  OF  THE 

By  Mr.  Foley :  "A  proposition  to  amend  Article  V  of  the  Con- 
stitution by  adding  a  new  section  thereto  in  relation  to  Public 
Service  Commissions  for  the  first  and  second  districts  "  (Int.  No. 
98),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Public  Utilities. 

By  Mr.  Wagner:  "A  proposition  to  amend  Section  twelve  of 
Article  VII  of  the  Constitution,  relating  to  improvement  of  high- 
ways" (Int.  No.  99),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  State  Finance. 

Also,  "A  proposition  to  amend  Section  four  of  Article  VII  of 
the  Constitution,  limiting  the  power  of  the  Legislature  to  create 
debts  "  (Int.  No.  100),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  State  Finance. 

By  Mr.  Eisner:  "A  proposition  to  amend  Article  I,  Section 
eight,  in  relation  to  liberty  of  the  motion  picture  screen  "  (Int. 
No.  101),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Bill  of  Bights. 

By  Mr.  Unger:  "A  proposition  to  amend  the  Constitution  by 
creating  and  maintaining  a  free  public  college  and  university  for 
the  graduates  of  the  State's  common  schools "  (Int.  No.  102), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Education. 

By  Mr.  Vanderlyn:  "A  proposition  to  amend  Section  one  of 
Article  IX  of  the  Constitution,  in  relation  to  the  maintenance  and 
support  of  a  system  of  free  common  schools"  (Int.  No.  103), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Education. 

By  Mr.  Tierney:  "A  proposition  to  amend  Section  twenty  of 
Article  VI  of  the  Constitution,  to  prohibit  judges  of  courts  of 
record  from  practicing  law"  (Int.  No.  104),  which  was  read 
twice,  ordered  printed  and  referred  to  the  'Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Section  four  of  Article  II  of  the 
Constitution,  in  relation  to  the  enactment  of  election  and  registra- 
tion laws  "  (Int.  No.  105),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Suffrage. 

By  Mr.  E.  N.  Smith:  "A  proposition  to  amend  Section  eigh- 
teen of  Article  VI  of  the  Constitution  by  increasing  the  jurisdic- 
tion of  inferior  local  courts"  (Int.  No.  106),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Judiciary. 


CONSTITUTIONAL  CONVENTION  55 

By  Mr.  Bockes :  "A  proposition  to  amend  Article  VI,  Section 
eighteen,  in  relation  to  inferior  local  courts  by  increasing  terri- 
torial jurisdiction  "  (Int.  No.  107),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Article  VIII,  Section  ten,  in 
relation  to  counties,  cities,  towns  and  villages,  by  permitting  gift?, 
of  stocks  and  bonds'7  (Int.  No.  108),  which  was  read  twice, 
ordered  printed  and  referred  to  the  'Committee  on  County,  Town 
and  Village  Government. 

Also,  "A  proposition  to  amend  Article  V,  Section  one,  in  rela- 
tion to  State  officers,  by  providing  for  the  election  of  a  Commis- 
sioner of  Agriculture,  and  longer  terms  for  State  officers  "  (Int. 
No.  109),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Governor  and  State  Officers. 

Also,  "A  proposition  to  amend  Article  V  by  repealing  Section 
two,  in  relation  to  time  of  election  of  State  officers  "  (Int.  No. 
110),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Governor  and  State  Officers. 

By  Mr.  B.  B.  Smith :  "A  proposition  to  amend  Article  X,  Sec- 
tion three,  in  relation  to  duration  of  terms  of  office  of  certain  State 
officers"  (Int.  No.  Ill),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Governor  and  State  Officers. 

Also,  "A  proposition  to  amend  Article  III,  Section  fifteen,  in 
relation  to  the  manner  of  passing  bills"  (Int.  No.  112),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Legislative  Powers. 

Also,  "A  proposition  to  amend  Article  II,  Section  five,  in  rela- 
tion to  manner  of  voting  "  (Int.  No.  113),  which  was  read  twice, 
ordered  printed  and  referred  to  the  'Committee  on  Suffrage. 

By  Mr.  Kirby:  "A  proposition  to  amend  Article  VI,  Section 
seventeen,  conferring  the  judicial  functions  of  justices  of  the  peace 
in  the  towns  of  the  State  on  masters  of  the  county  court "  (Int. 
No.  114),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Article  III,  Section  twenty-six, 
relative  to  board  of  supervisors,  limiting  their  powers  and  confer- 
ring upon  a  county  comptroller  the  right  heretofore  exercised  by 


M  JOURNAL  01?  THE 

boards  of  supervisors  in  purchasing  supplies  and  auditing  bills  for 
same"  (Int.  No.  115),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  County,  Town  and  Village 
Government. 

By  Mr.  Westwood:  "A  proposition  to  amend  Section  two  of 
Article  I  of  the  Constitution  by  permitting  five-sixths  of  a  jury  to 
render  a  verdict  and  by  permitting  defendants  in  criminal  prose- 
cutions to  waive  a  jury  "  (Int.  No.  116),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Bill  of  Rights. 

On  motion  of  Mr.  Wickersham  the  Convention  adjourned. 


THURSDAY,  MAY  6,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  reading  of  the  journal  of 
yesterday  was  dispensed  with  and  the  same  was  approved. 

Mr.  President  presented  the  resolution  of  the  Board  of  Super- 
visors of  Wyoming  county,  in  relation  to  the  division  of  the  pro- 
ceeds of  the  good  roads  bonds,  which  was  referred  to  the  Com- 
mittee on  the  State  Finances,  Revenues  and  Expenditures. 

Also,  the  resolutions  of  Board  of  Aldermen  of  the  City  of  New 
York,  in  regard  to  home  rule,  which  were  referred  to  the  Com- 
mittee on  Cities. 

Also,  the  communication  of  Secretarv  C.  C.  Andrews  of  Minne- 
sota  State  Forestry  Board,  which  was  referred  to  the  Committee 
on  Civil  Service. 

Also,  the  communication  of  Mr.  George  P.  Decker,  which  was 
referred  to  the  Committee  on  Relations  to  the  Indians. 

Also,  the  communication  of  Louis  F.  Haffen,  which  was  re- 
ferred to  the  Committee  on  Counties,  Towns  and  Villages,  their 
Organization,  Government,  etc. 

Also,  the  communication  of  Clarence  True,  which  was  referred 
to  the  Committee  on  Industrial    Interests  and  Relations. 

Mr.  Wiggins  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 


CONSTITUTIONAL  CONVENTION  57 

Resolved,  That  the  Secretary  of  this  Convention  procure  as 
speedily  as  possible  from  the  Secretary  of  State  of  each  State  of 
the  LTnion  or  from  such  other  sources  as  shall  be  most  convenient 
a  record  of  the  number  of  State  officers  appearing  upon  the  ballot 
in  each  State  at  the  general  election  for  State  officers. 

which  was  referred  to  the  Committee  on  Library  and  Information. 
Mr.  Landreth  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  committees  now  having  under  considera- 
tion the  question  of  furnishing  to  libraries  and  institiitions  in  the 
State,  copies  of  some  or  all  of  the  publications  daily  issued  by  the 
Convention,  be  also  requested  to  consider  the  question  of  furnish- 
ing with  such  copies  of  the  publications,  sets  of  binders  for  them, 
to  the  end  that  these  publications  may  be  made  more  readily  and 
permanently  accessible  for  reference  by  the  people  of  the  State. 
which  was  referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  Secretary  of  the  Convention  cause  to  be 
printed  as  a  document  for  the  use  of  the  members  of  the  Con- 
vention one  thousand  (1,000)  copies  of  the  Constitution  of  the 
State  precisely  as  the  same  was  submitted  to  and  approved  by  the 
people  in  1894,  and  of  all  amendments  thereto  precisely  as  such 
amendments  respectively  were  submitted  to  and  approved  and 
ratified  by  the  people. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  hereafter  the  Convention  dispense  with  the 
reading  of  the  journal,  and  that  amendments  thereto  may  be  made 
on  the  legislative  day  following  that  on  which  the  printed  journal 
is  placed  on  the  desks  of  the  members. 

which  was  agreed  to. 

The  Secretary  called  the  roll  of  districts  and  the  following  propo- 
sitions were  introduced: 

By  Mr.  Latson :  "A  proposition  to  amend  Section  six  of  Article 
I  of  the  Constitution,  in  relation  to  arrest  or  imprisonment  in  civil 
actions  or  proceedings"  (Int.  No.  117),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Judiciary, 


58  JOURNAL  OF  THE 

By  Mr.  Bayes :  "A  proposition  to  amend  Article  I  of  the  Con- 
stitution, by  providing  for  the  abolition  of  capital  punishment " 
(Int.  No.  118),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Bill  of  Bights. 

By  Mr.  Newburger :  "A  proposition  to  amend  Article  VI  of  the 
Constitution,  creating  a  new  court  to  be  known  as  the  '  Land 
Begistration  Court'"  (Int.  No.  119),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Baldwin:  "A  proposition  to  amend  Section  fifteen  of 
Article  III  of  the  Constitution,  in  relation  to  the  enactment  of 
laws  levying  direct  State  taxes"  (Int.  No.  120),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Taxation. 

Also,  "A  proposition  to  amend  Article  VII,  Section  seven,  by 
adding  a  new  subsection,  in  relation  to  the  creation  of  a  fish  and 
game  commission  "  (Int.  No.  121),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Governor  and  Other 
State  Officers. 

By  Mr.  Marshall:  "A  proposition  to  amend  Section  three  of 
Article  VIII  of  the  Constitution,  relative  to  cumulative  voting 
by  shareholders  of  stock  corporations  at  all  corporate  elections  " 
(Int.  No.  122),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Corporations. 

By  Mr.  C.  Nicoll:  "A  proposition  to  amend  Article  VI,  Sec- 
tion one,  by  providing  for  the  appointment  of  justices  of  the  Su- 
preme Court  by  the  Governor  by  and  with  the  advice  and  consent 
of  the  Senate  instead  of  their  election"  (Int.  No.  123),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Judiciary. 

Also,  "A  proposition  to  amend  Article  VI,  Section  four,  in  re- 
lation to  the  official  terms  of  the  justices  of  the  Supreme  Court " 
(Int.  No.  124),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Article  V,  Section  one,  by  pro- 
viding for  the  appointment  of  State  officers  by  the  Governor  by 
and  with  the  advice  and  consent  of  the  Senate"  (Int.  No.  125), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Governor  and  Other  State  Officers,  etc. 

By  Mr.  Wagner:  "A  proposition  to  amend  Section  one  of 
Article  VII  of  the  Constitution,  in  relation  to  exempting  the  State 


CONSTITUTIONAL  CONVENTION  59 

from  taxation"  (Int.  No.  126),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Taxation. 

By  Mr.  Wiggins :  "A  proposition  to  amend  Article  II,  Section 
four,  to  authorize  the  Legislature  to  enact  laws,  authorizing  the 
registration  of  commercial  men  or  other  voters  who  shall  have  been 
absent  from  their  registration  districts  on  the  days  provided  for 
personal  registration"  (Int.  No.  127),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Suffrage. 

By  Mr.  Austin :  "A  proposition  to  amend  Article  VII,  Section 
seven  of  the  Constitution,  relative  to  the  lands  constituting  the 
Forest  Preserve"  (Int.  No.  128),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Conservation  of  Natural 
Resources. 

Also,  "A  proposition  to  amend  Article  V  of  the  Constitution,  by 
adding  thereto  a  new  section  providing  for  the  appointment  of  a 
Conservation  Commissioner,  and  prescribing  his  duties  "  (Int. 
No.  129),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Conservation  of  Natural  Resources. 

By  Mr.  R.  B.  Smith:  "A  proposition  to  amend  Article  III  of 
the  Constitution,  in  relation  to  eligibility,  acceptance  of  appoint- 
ments and  disqualifications  of  members  of  the  Legislature"  (Int. 
No.  130),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  The  Legislature,  its  Organization,  etc. 

By  Mr.  Franchot:  "A  proposition  to  amend  Article  V  of  the 
Constitution,  by  striking  therefrom  the  provisions  of  section  eight 
of  said  article,  prohibiting  the  creation  of  offices  for  the  weighing, 
gauging,  measuring,  culling  or  inspecting  any  merchandise,  prod- 
uce, manufacture  or  commodity  whatever  "  (Int.  No.  131),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Industrial  Interests  and  Relations. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  submitted  the 
following  report : 

The  Committee  on  Rules,  as  a  supplemental  report,  recommends 
the  adoption  of  the  following : 

Resolved,  That  the  following  named  persons  be  employed  by 
this  Convention  as  clerks  and  stenographers  for  the  respective  com- 
mittees hereinafter  named  at  the  per  diem  compensation  set  oppo- 
site their  names,  viz. : 

Committee  on  Bill  of  Rights — Clerk,  Sydney  B.  Carragan, 
$10.     Stenographer,  Robert  C.  Poskanza,  $5. 


60  JOURNAL  OF  THE 

Committee  on  Legislative  Powers  —  Stenographer,  L.  N.  Has- 
kins,  $5. 

Committee  on  Suffrage — Stenographer,  Clara  L.  Herzog,  $5. 

Committees  on  Corporations,  etc.,  and  Banking  and  Insurance 
—  Stenographer,  Anna  O'Neil,  $5. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Phillips,  from  the  Committee  on  Library  and  Information, 
to  which  was  referred  the  resolution  relative  to  obtaining  certain 
information  from  the  Clerk  of  the  Court  of  Appeals  introduced  by 
Mr.  Marshall  on  May  5th;  and  the  resolution  referring  to  the 
same  subject  introduced  by  Mr.  Wiggins  on  April  28th,  reports 
that  it  has  considered  both  said  resolutions,  and  after  conference 
with  the  Judiciary  Committee  said  committee  reports  in  favor  of 
the  adoption  of  the  following  resolution  in  place  of  the  resolutions 
above  mentioned: 

Resolved,  That  the  Clerk  of  the  Court  of  Appeals  be  requested 
to  examine  the  records  of  all  cases  argued  in  the  Court  of  Appeals 
during  the  years  1913  and  1914,  respectively,  whether  the  same 
be  reported  in  full  or  in  memorandum,  and  to  report  with  all  con- 
venient speed  with  respect  to  each  of  said  years  separately  the 
following  facts: 

1.  As  to  the  general  subject  matter  of  said  causes. 

2.  As  to  the  number  of  cases  involving  questions  of  constitu- 
tional law. 

3.  As  to  the  number  of  cases  involving  the  interpretation  of 
general  statutes  of  this  State  and  of  the  LTnited  States. 

4.  As  to  the  number  of  cases  involving  questions  of  criminal 
law. 

5.  As  to  the  number  of  cases  involving  the  interpretation  of 
municipal  charters. 

6.  As  to  the  number  of  cases  involving  the  interpretation  of 
wills. 

7.  As  to  the  number  of  cases  in  which  appeals  were  allowed 
by  the  several  Appellate  Divisions,  pursuant  to  Section  190  of  the 
Code  of  Civil  Procedure,  and  that  he  state  separately  the  number 
of  such  cases  in  which  appeals  were  so  taken  under  each  sub- 
division of  said  section. 

8.  As  to  the  number  of  cases  in  which  appeals  were  allowed 
by  the  several  Appellate  Divisions,  pursuant  to  Subdivision  2  of 


CONSTITUTIONAL  CONVENTION  61 

Section  191  of  the  Code  of  Civil  Procedure,  and  that  he  state 
separately  the  number  of  such  cases  in  which  appeals  were  So 
taken  under  each  subdivision  of  said  section. 

9.  As  to  the  number  of  cases  in  which  appeals  were  allowed 
by  a  judge  of  the  Court  of  Appeals,  pursuant  to  Subdivision  2  of 
Section  191  of  the  Code  of  Civil  Procedure. 

10.  As  to  the  number  of  cases  of  appeal  filed  with  the  court 
in  which  the  decision  in  the  Appellate  Division  was  not  unani- 
mous. 

11.  As  to  the  total  number  of  cases  on  appeal  which  had  been 
placed  upon  the  calendar,  but  not  reached  for  argument  on  the 
first  of  January  for  each  year  during  the  past  five  years. 

which  was  agreed  to. 

Mr.  Hale,  from  the  Committee  on  Public  Utilities,  to  which  was 
referred  the  resolution  relative  to  calling  for  information  from  the 
Commissioner  of  Highways,  reported  in  favor  of  the  adoption  of 
the  resolution  amended  to  read  as  follows: 

Eesolved,  That  the  Commissioner  of  Highways  be  requested 
to  report  to  this  Convention  as  soon  as  practicable  the  following 
information  in  respect  to  each  of  the  counties  of  the  State,  per- 
taining to  the  so-called  State  highways  and  the  so-called  county 
highways  separately : 

1.  The  mileage  completed  or  under  contract  and  the  cost 
thereof,  paid  or  to  be  paid,  from  the  first  fifty  million  dollar  high- 
way bond  issue. 

2.  The  amount  of  money  allotted  from  the  second  fifty  million 
dollar  highway  bond  issue. 

which  was  agreed  to. 

Mr.  Wagner  moved  to  take  from  the  table  his  resolution  in  rela- 
tion to  the  amount  of  State  bonds  issued  under  Article  XI  of  the 
Constitution,  introduced  May  5th,  and  laid  over  under  the  rule. 

Debate  was  had. 

On  motion  of  Mr.  Wickersham,  the  same  was  referred  to  the 
Committee  on  Library  and  Information. 

Mr.  Tuck,  from  the  Committee  on  Minor  Offices,  submits  the 
following  supplemental  report  in  the  form  of  a  resolution : 

Resolved,  That  the  following  named  persons  be,  and  they  hereby 


62  JOURNAL  OF  THE 

are,  elected  to  the  positions  indicated  below,  and  that  their  com- 
pensation, pursuant  to  resolutions  heretofore  adopted,  be  fixed  at 
the  amount  set  opposite  their  names,  respectively : 

Compen- 
sation 
Name  Position  per  day 

Minnie  C.  Huller Chief  Telephone  Operator. .   $4  00 

Ellen  M.  B.  Hagan. Asst.  Telephone  Operator.  .      2  50 

Elmer  E.  Lewis Doorkeeper 5  00 

(In    the    place    of    General 

Clerk  Albert  E.  Wellman, 

resigned),  John  W.  Smith.   General   Clerk 5  00 

(In  the  place  of  Messenger 

James    Hoey,    resigned), 

Thomas  Marion Messenger 3  00 

John  F.  Morris General  Clerk 5  00 

C.  A.  Gett Stenographer  to  President .      5  00 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

On  motion  of  Mr.  Berri,  the  Secretary  was  instructed  to  correct 
an  error  in  printing  found  on  line  20,  page  24  of  Document  4,  by 
striking  out  the  figures  "  104  "  and  inserting  in  place  thereof 
"  10  ". 

Mr.  Deyo  was  excused  from  to-morrow's  session. 

Mr.  Hinman  was  excused  from  the  sessions  of  to-day  and  to- 
morrow. 

On  motion  of  Mr.  Wicker  sham,  the  Convention  adjourned. 


FRIDAY,  MAY  7,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  Burton  J.  Hotaling. 

Mr.  McKinney  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Comptroller  be  requested  to  furnish  to  the 
Convention  information  relative  to  the  cost  of  the  legislative 
branch  of  the  government  from  the  year  1901  to  the  year  1915. 


CONSTITUTIONAL  CONVENTION  63 

Such  statement  shall  include  all  amounts  appropriated  or  ex- 
pended in  and  for  each  year  for  legislative  salaries,  clerical  or 
other  assistance  of  every  kind,  printing,  supplies  of  every  kind, 
expenses  of  all  general,  special  or  investigating  committees,  in- 
cluding amounts  paid  to  counsel  or  employees,  and  all  incidental 
or  other  charges  or  expenses  pertaining  to  the  functions  or  activi- 
ties of  either  House  of  the  Legislature  or  the  members  thereof 
during  the  period  above  specified. 

which  was  referred  to  the  Committee  on  Library  and  Information. 
Mr.  Marshall  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  whenever  any  public  hearing  is  given  by  any 
committee  with  respect  to  any  matter  likely  to  be  considered  by 
the  Convention,  notice  of  the  time,  place  and  subject-matter  of 
such  hearing  be  posted  on  the  bulletin  board  or  otherwise  given 
to  the  delegates  of  the  Convention  to  enable  them,  if  they  desire, 
to  attend  the  same. 

which  was  referred  to  the  Committee  on  Rules. 

Mr.  Tanner  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Suffrage  be  discharged  from 
the  further  consideration  of  proposed  Amendment  (No.  74,  Int. 
No.  74),  entitled  "  Proposed  constitutional  amendment  to  amend 
Section  two  of  Article  IV  of  the  Constitution,"  and  that  the  same 
be  referred  to  the  Committee  on  Governor  and  Other  State 
Officers,  etc. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  M.  Saxe  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  there  be  printed  for  the  use  of  the  Committee 
on  Taxation  500  copies  of  the  pamphlet  entitled  "  Comparative 
Statement  of  Constitutional  Provisions  Relative  to  Finance,  and 
Taxation,  and  to  Exemptions." 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  R.  B.  Smith  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,    That  the   Superintendent   of  Public   Buildings  be 


64  JOURNAL  OP  THE 

requested  to  rearrange  the  accommodations  provided  for  the  tele- 
phone operators  of  the  Convention  so  as  to  make  them  suitable 
for  the  conditions  which  will  prevail  during  the  summer  session. 

which  was  agreed  to. 

The  Secretary  called  the  roll  of  districts  and  the  following 
propositions  v/ere  introduced: 

By  Mr.  Weed :  "A  proposition  to  amend  Article  I,  Section  two, 
relating  to  trial  by  jury  "  (Int.  No.  132),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Bill  of  Bights. 

By  Mr.  Harawitz:  "A  proposition  to  amend  Section  six  of 
Article  III  of  the  Constitution,  in  relation  to  the  compensation 
and  mileage  of  members  of  the  Legislature  "  (Int.  No.  133), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  The  Legislature,  its  Organization,  etc. 

By  Mr.  Dooling:  "A  proposition  to  amend  Article  V  of  the 
Constitution,  in  respect  to  State  officers,  by  providing  for  the  elec- 
tion of  a  Commissioner  of  Labor  and  Industries  "  (Int.  No.  134), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Industrial  Interests  and  Belations. 

By  Mr.  Low  (by  request)  :  "A  proposition  to  amend  Article 
II  of  the  Constitution,  in  relation  to  proportional  representation 
and  preferential  voting"  (Int.  No.  135),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Suffrage. 

By  Mr.  Unger:  aA  proposition  to  amend  Article  V,  Section 
nine,  in  relation  to  civil  service  appointments  and  promotions" 
(Int.  No.  136),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Civil  Service. 

By  Mr.  Rosch:  "A  proposition  to  amend  Section  thirteen 
of  Article  VI,  providing  that  the  President  of  the  Senate  shall  not 
act  as  a  member  of  the  court  for  trial  of  impeachment  against  the 
Governor  or  Lieutenant-Governor"  (Int.  No.  137),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Judiciary. 

By  Mr.  Quigg :  aA  proposition  to  amend  Section  nine  of  Article 
V  of  the  Constitution,  by  providing  that  appointments  shall  b'e 
made  in  the  civil  service  according  to  merit  and  fitness,  to  be  ascer- 
tained by  competitive  examinations,  excepting  only  appointments 
to  be  made  by  the  Governor  or  by  the  Governor  by  and  with  the 
advice  of  the  Senate"  (Int.  No.  138),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Civil  Service. 


CONSTITUTIONAL  CONVENTION"  65 

Also,  "A  proposition  to  amend  Section  nine  of  Article  I  of  the 
Constitution,  by  the  addition  of  a  provision  forbidding  prize  fights 
and  the  sale  of  tickets  to  fights  or  fighting  exhibitions  "  (Int.  No. 
139),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Legislative  Powers. 

By  Mr.  Dunmore:  "A  proposition  to  amend  Article  II  of  the 
State  Constitution,  in  relation  to  the  extension  of  suffrage  "  (Int. 
No.  140),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Suffrage. 

By  Mr.  R.  B.  Smith:  "A  proposition  to  amend  Section  thir- 
teen of  Article  VI  of  the  Constitution,  in  relation  to  trial  of 
impeachments"  (Int.  No.  141),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Judiciary. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


TUESDAY,  MAY  11,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  David  M.  Cleland,  New  Wilmington,  Pa. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Thursday,  May 
6th,  was  approved. 

Mr.  President  presented  the  communication  of  Mr.  James 
Smith,  which  was  referred  to  the  Committee  on  Suffrage. 

Also,  the  communication  of  the  committee  of  the  State  Bar 
Association,  which  was  referred  to  the  Commitee  on  the  Judiciary. 

Also,  the  communication  of  Mr.  Nicholas  Murray  Butler,  which 
was  referred  to  the  Committee  on  Library  and  Information. 

Mr.  Reeves  presented  the  memorial  of  the  Civil  Service  Reform 
Association,  which  was  referred  to  the  Committee  on  Civil  Service. 

Mr.  M.  Saxe  gives  notice  that  he  will  on  some  future  day  move 
to  discharge  the  Committee  on  Rules  from  further  consideration  of 
his  resolution  concerning  the  celebration  of  the  anniversary  of  the 
granting  of  the  Magna  Charta. 

Mr.  Dunmore  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Secretary  of  State  be  requested  to  furnish 
to  this  Convention  the  number  of  electors  who  voted  at  any  elec- 
tion at  which  anv  constitutional  amendment  or  amendments  was 
5 


66  JOUKNAL  OF  THE 

submitted  to  the  people,  and  the  number  of  votes  cast  for  and 
against  such  amendment  or  amendments. 

which  was  referred  to  the  Committee  on  Library  and  Information. 
Mr.  Kirby  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Kesolved,  That  the  Comptroller  be  directed  to  secure  and  fur- 
nish the  Convention  with  a  statement  showing  the  compensation 
received  by  the  various  county  treasurers  of  the  counties  of  the 
State  where  fees  are  retained  by  them  in  addition  to  a  salary 
during  the  period  of  the  last  full  term  of  office,  the  same  to  show 
the  amount  received  each  year  thereof  from  the  collection  of 
transfer  taxes,  liquor  taxes,  sales  of  land  for  unpaid  taxes  and 
from  the  receipt  and  disbursement  of  moneys  paid  into  county 
treasuries  by  order  of  the  various  courts. 

which  was  referred  to  the  Committee  on  Library  and  Information. 

The  Secretary  called  the  roll  of  districts  and  the  following 
propositions  were  introduced : 

By  Mr.  Steinbrink:  "A  proposition  to  amend  Section  nine  of 
Article  IV,  relating  to  civil  service"  (Int.  No.  142),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Civil  Service. 

By  Mr.  Doughty:  "A  proposition  to  amend  Section  seven  of 
Article  VIII  of  the  Constitution,  making  personally  liable  stock- 
holders in  indemnity,  surety  and  liability  corporations"  (Int  No. 
143),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Corporations. 

By  Mr.  Marshall:  "A  proposition  to  amend  Article  XIV  of 
the  Constitution,  by  making  provision  for  the  vote  by  which 
an  amendment  to  the  Constitution  shall  be  adopted,  whether  sub- 
mitted by  the  Legislature  or  by  a  Constitutional  Convention, 
by  requiring  the  question  as  to  whether  a  Convention  shall  be  held 
to  be  submitted  at  a  general  election  and  amendments  to  the 
Constitution  to  be  submitted  at  a  general  election,  by  permitting 
the  validity  of  an  election  on  a  question  submitted  and  the  deter- 
mination of  the  result  of  such  election  to  be  contested  by  any  elector 
in  an  action  brought  in  the  Supreme  Court,  and  by  making  pro- 
vision with  respect  to  amendments  coincidently  submitted  by  a 
Convention  and  the  Legislature  "  (Int.  No.  144),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Future 


CONSTITUTIONAL  CONVENTION  67 

Amendments  and  Revisions  of  the  Constitution.  Clause  four  of 
said  proposition  being  referred  to  the  Committee  on  Suffrage  for 
its  information. 

Also,  "A  proposition  to  amend  Article  XV  of  the  Constitution, 
with  respect  to  the  time  when  the  Constitution  is  to  go  into  effect " 
(Int.  No.  145),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Future  Amendments  and  Revisions  of  the 
Constitution. 

By  Mr.  M.  Saxe :  "A  proposition  to  amend  Section  two  of  Arti- 
cle X  of  the  Constitution,  in  relation  to  the  appointment  or  election 
of  officers,  not  provided  for  by  this  Constitution  "  (Int.  No.  146), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  County,  Town  and  Village  Officers. 

By  Mr.  Shipman:  "A  proposition  to  amend  Section  nine  of 
Article  VI  of  the  State  Constitution,  relating  to  the  jurisdiction 
of  the  Court  of  Appeals"  (Int.  No.  147),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Bernstein:  "A  proposition  to  amend  Section  two  of 
Article  VI,  providing  that  the  justices  of  the  various  Appellate 
Divisions  shall  be  designated  by  the  justices  of  the  Supreme  Court 
elected  from  each  department"  (Int.  No.  148),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Burkan :  "A  proposition  to  amend  Section  five  of  Article 
VI  of  the  Constitution,  relating  to  the  city  court  of  the  city  of 
New  York  "  (Int.  No.  149),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Article  V  of  the  Constitution,  by 
adding  a  new  section  thereto  prohibiting  certain  officers  from  en- 
gaging in  any  business  or  practicing  any  profession  "  (Int.  No. 
150),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Governor  and  Other  State  Officers,  etc. 

Also,  "A  proposition  to  amend  Section  fifteen  of  Article  VI  of 
the  Constitution,  removing  the  restriction  prohibiting  the  Legisla- 
ture from  increasing  the  salaries  of  county  judges  and  surrogates" 
(Int.  No.  151),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Judiciary. 

By  Mr.  C.  H.  Young :  "A  proposition  to  amend  Section  fourteen 
of  Article  VI  of  the  Constitution,  relating  to  the  county  courts, 


$8  JOURNAL  OF  THE 

the  city  court  of  the  city  of  New  York  and  the  court  of  general 
sessions  in  the  county  of  New  York  "  (Int.  No.  152),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Judiciary. 

By  Mr.  Clearwater:  "A  proposition  to  amend  Section  one  of 
Article  XIII  of  the  Constitution,  relating  to  the  oath  of  office  so 
as  to  permit  the  Court  of  Appeals  to  prescribe  such  an  oath  as  it 
may  deem  requisite  or  proper  to  be  taken  by  attorneys  or  coun- 
sellors at  law  upon  their  admission  to  practice  in  the  courts  of  the 
State"  (Int.  No.  153),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Dunlap :  "A  proposition  to  amend  Section  seven,  Article 
VII  of  the  Constitution,  relating  to  Forest  Preserve,  to  mature, 
dead  and  fallen  timber,  roads,  trails  and  camp  sites,  and  to  the 
appointment  of  a  commissioner  of  the  Forest  Preserve  "  (Int.  No. 
154),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Conservation  of  Natural  Resources. 

By  Mr.  Bunce:  "A  proposition  to  amend  Section  thirteen  of 
Article  VI  of  the  Constitution,  relative  to  the  trial  of  impeach- 
ments, by  striking  out  the  word  '  judicial '  from  the  fourth  sen- 
tence of  said  section"  (Int.  No.  155),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  E.  N.  Smith :  "A  proposition  to  amend  Section  four  of 
Article  IV  of  the  Constitution,  by  limiting  the  power  of  the  Gov- 
ernor to  call  extraordinary  sessions  of  the  Legislature ;  by  increas- 
ing the  salary  of  the  Governor  and  giving  him  certain  powers  and 
imposing  upon  him  certain  duties  as  to  the  budget  "  (Int.  No. 
156),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Governor  and  Other  State  Officers,  etc.  Section  four 
of  said  proposition  being  referred  to  the  Committee  on  the  State 
Finances,  Bevenues  and  Expenditures  for  its  information. 

Also,  "A  proposition  to  amend  Section  nine  of  Article  IV  of  the 
Constitution,  as  to  the  power  of  the  Governor  to  veto  appropriation 
bills  "  (Int.  No.  157),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Governor  and  Other  State  Officers, 
etc. 

Also,  "A  proposition  to  amend  Section  twenty-one  of  Article  III 
of  the  Constitution,  in  relation  to  the  appropriation  bills  by  fixing 
the  date  of  the  fiscal  year  of  the  State"  (Int.  No.  158),  which  was 


CONSTITUTIONAL  CONVENTION  69 

read  twice,  ordered  printed  and  referred  to  the  Committee  on 
the  State  Finances,  Revenues  and  Expenditures. 

By  Mr.  Cobb:  "A  proposition  to  amend  Section  eight,  Article 
VII  of  the  Constitution,  in  relation  to  the  sale  of  abandoned  por- 
tions of  canals  and  disposition  of  funds  w  (Int.  No.  159),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Canals. 

Also,  "A  proposition  to  amend  Section  nine,  Article  VI  of  the 
Constitution,  in  relation  to  the  jurisdiction  of  the  Court  of 
Appeals  "  (Int.  No.  1G0),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Schurman:  "A  proposition  to  amend  Article  V  of  the 
Constitution,  by  adding  a  new  section  thereto  in  relation  to  Public 
Service  Commissions"  (Int.  No.  161),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Public 
Utilities. 

By  Mr.  Mandeville :  "A  proposition  to  amend  Article  III  of  the 
Constitution,  in  relation  to  the  restriction  of  legislative  powers  " 
(Int.  No.  162),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Public  Utilities. 

By  Mr.  Leggett:  "A  proposition  to  amend  Article  VI  of  the 
Constitution,  relating  to  justices  of  the  peace"  (Int.  No.  163), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary. 

By  Mr.  Tuck:  "A  proposition  to  amend  Section  twelve  of 
Article  VI  of  the  Constitution,  so  as  to  provide  for  the  holding  of 
Special  and  Trial  Terms  of  the  Supreme  Court  by  judges  of  the 
Court  of  Appeals  and  justices  of  the  Supreme  Court  retired  for 
age"  (Int.  No.  164),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Judiciary. 

By  Mr.  Lincoln:  "A  proposition  to  amend  Section  four  of 
Article  II  of  the  Constitution,  relative  to  the  enactment  of  election 
and  primary  laws  "  (Int.  No.  165),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Suffrage. 

Mr.  J.  L.  O'Brian  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following : 

The  Committee  on  Rules  as  a  supplemental  report  recommends 
the  adoption  of  the  following : 

Resolved,  That  the  following  named  persons  be  employed  by 
this  Convention  as  clerks  and  stenographers  for  Vice-President 


70  JOURNAL  OF  THE 

Schurman  and  the  respective  committees  hereinafter  named  at 
the  per  diem  compensation  set  opposite  their  names,  viz. : 

Vice-President  Schurman  —  Secretary,  George  C.  Bogart,  $10. 

The  Committee  on  the  Judiciary  —  Stenographer,  W.  F. 
Barry,  $5. 

The  Committee  on  Printing  and  the  Committee  on  Indians  — 
Clerk,  James  Allen,  $7;  stenographer,  Mildred  Hand,  $5. 

The  Committee  on  the  State  Finances,  Revenues  and  Expendi- 
tures —  Clerk,  Paul  S.  Andrews,  $10. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative, 
a  majority  of  all  the  delegates  elected  to  the  Convention  voting  in 
favor  thereof. 

Mr.  Parsons  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

.Resolved,  That  Rule  J^o.  72  be  amended  to  read  as  follows: 
The  assistant  sergeant-at-arms  and  doorkeepers  shall  be  under  the 
supervision  of  the  Sergeant-at-arms,  who  shall  require  their 
attendance  and  the  performance  of  their  duties.  The  committee 
clerks  and  stenographers  shall  be  under  the  supervision  of  the 
chairmen  of  the  several  committees  to  which  they  are  respectively 
assigned,  who  shall  require  their  attendance  and  the  performance 
of  their  duties.  The  general  stenographers  and  all  assistants  to 
the  stenographer  shall  be  under  the  supervision  of  the 
stenographer  of  the  Convention,  who  shall  require  their 
attendance  and  the  performance  of  their  duties.  With  the  excep- 
tion of  the  Secretary  and  assistant  secretaries,  the  President's 
clerk  and  stenographer,  the  Secretary's  stenographer  and  the  secre- 
taries to  the  Vice-Presidents,  all  other  officers,  assistants  and 
employees  of  the  Convention  receiving  compensation  shall  be 
under  the  supervision  of  an  assistant  secretary  who  shall  be  desig- 
nated by  the  Secretary  for  that  purpose  and  who  shall  require  the 
attendance  and  performance  of  duty  by  such  officers,  assistants 
and  employees. 

To  enable  the  President  and  Secretary  of  the  Convention  to 
sign  the  necessary  vouchers  for  payment,  pursuant  to  chapter  76 
of  the  Laws  of  1915,  the  several  supervising  authorities  herein- 
before mentioned  shall  severally  certify  from  time  to  time  to  the 
President  and  Secretary  as  to  the  attendance  and  performance  of 
duty  by  the  officers,  assistants  and  employees  respectively  under 
their  supervision. 


CONSTITUTIONAL  CONVENTION  71 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  J.  L.  O'Brian  moved  to  take  from  the  table  subdivision  5 
of  the  report  of  the  Committee  on  Rules,  submitted  April  26th, 
and  thereafter  laid  upon  the  table,  which  was  agreed  to. 

Said  proposed  rule  having  been  announced,  Mr.  J.  L.  O'Brian 
moved  that  the  proposed  Bule  73  be  amended  by  striking  out  in 
the  first  line  thereof  the  words  "  on  the  first  day  of  June  "  and  in 
lieu  thereof  inserting  the  words  "  after  the  eleventh  day  of  June;" 
and  also  by  striking  out  the  word  "  thereafter  "  in  the  second  line 
of  said  rule  so  that  the  said  proposed  rule  as  thus  amended  will 
read  as  follows : 

"  Eule  73.  After  the  eleventh  day  of  June,  nineteen  hundred 
and  fifteen,  the  call  for  proposed  constitutional  amendments  by 
districts  under  Rule  3  shall  be  discontinued  and  no  proposed  con- 
stitutional amendment  shall  be  introduced  except  on  the  report  or 
recommendation  of  a  standing  or  select  committee,"  and  that  as 
so  amended  said  rule  be  adopted. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  to  amend,  and  it  was  determined  in  the 
affirmative. 

Debate  was  had. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  Rule  73  as  amended,  and  it  was  determined  in  the 
affirmative. 

Mr.  H.  LeRoy  Austin  was  excused  from  the  sessions  of  to-day 
and  to-morrow. 

Mr.  Wm.  McKinney  was  excused  from  the  sessions  of  to-day 
and  to-morrow. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


72  JOURNAL  OF  THE 

WEDNESDAY,  MAY  12,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Friday,  May  7th, 
was  approved. 

Mr.  Buxbaum  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following : 

Resolved,  That  his  Excellency,  the  Governor,  be  invited  by  the 
President  of  this  Convention  to  visit  and  address  the  delegates 
at  a  future  date  to  be  fixed  by  the  Governor. 

Said  resolution  giving  rise  to  debate,  ordered  that  the  same  be 
laid  upon  the  table. 

Mr.  J.  G.  Saxe  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Suffrage  be  discharged  from 
the  further  consideration  of  the  Proposed  Amendment  (JNo.  4,  Int. 
No.  4)  entitled  "  Proposed  Constitutional  Amendment  to  amend 
Section  four  of  Article  II  of  the  Constitution,  in  respect  to  the 
enactment  of  election  and  registration  laws." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr.  J.  G. 
Saxe,  the  same  was  amended  as  follows: 

Page  1,  line  9,  after  " years"  insert  in  italics  "and  party 
nominations  for  all  elective  judicial  officers,  except  to  fill  vacancies 
in  nominations." 

and  ordered  reprinted  and  recommitted  to  said  committee. 

Mr.  Quigg  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  President  shall  appoint  a  select  committee 
on  the  submission  of  any  Proposed  Constitution  or  Constitutional 
Amendment  which  shall  have  been  adopted  by  this  Convention,  to 
consist  of  seven  members,  which  committee,  in  accordance  with 
Section  two  of  Article  XIV  of  the  existing  Constitution,  ?hall 
report  to  this  Convention,  on  or  before  June  11,  1915,  the  time 
and  the  manner  by  which  any  Proposed  Constitution  or  Constitu- 
tional Amendment  adopted  by  this  Convention  shall  be  submitted 
to  the  vote  of  the  electors  of  the  State :  and 


CONSTITUTIONAL  CONVENTION  73 

Resolved,  That  the  report  of  said  committee  as  so  made,  or  as 
hereafter  duly  authorized  to  be  made,  shall,  when  duly  made, 
be  straightway  committed  to  the  Committee  of  the  Whole  with 
precedence. 

which  was  referred  to  the  Committee  on  Rules. 

Mr.  Cullinan  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  State  Board  of  Charities  forward  to  this 
Convention  a  statement  of  the  number  of  inmates  of  the  several 
institutions  over  which  they  exercise  superintendence  or  control, 
who  at  or  before  the  time  of  their  admission  to  said  several  institu- 
tions, practised  the  habit  of  smoking  cigarettes. 

which  was  referred  to  the  Committee  on  Library  and  Information. 
Mr.  Cullinan  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Superintendent  of  Prisons  forward  to  this 
Convention  a  statement  of  the  number  of  persons  committed  to 
the  several  prisons,  penitentiaries,  reform  schools  or  other  institu- 
tions over  which  he  exercises  superintendence  or  control,  who 
practised  the  habit  of  smoking  cigarettes  at  or  before  the  time 
they  were  committed  respectively  to  said  institutions. 

which  was  referred  to  the  Committee  on  Library  and  Information. 
Mr.  Cullinan  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  State  Hospital  Commission  forward  to  this 
Convention  a  statement  of  the  number  of  patients  in  or  persons 
admitted  to  the  various  State  hospitals  or  other  institutions  of 
which  they  have  charge  or  over  which  they  exercise  superintend- 
ence or  control,  who  have  been  admitted  to  or  directed  to  be  placed 
in  said  several  institutions  by  reason  of  a  condition  induced  or 
occasioned  in  whole  or  in  part  by  the  use  of  cigarettes.  The 
numbers  of  such  persons  in  said  several  institutions  should  be 
specified  by  each  institution  separately. 

which  was  referred  to  the  Committee  on  Library  and  Information. 

Mr.  Secretary  called  the  roll  of  districts  when  the  following 
propositions  were  introduced : 

By  Mr.  Pelletreau:  "A  proposition  to  amend  Section  two, 
Article  III  of  the  Constitution,  in  relation  to  the  terms  of  office 
of  the  members  of  the  Legislature"   (Int.  No.  166),  which  was 


74  JOURNAL  OF  THE 

read  twice,  ordered  printed  and  referred  to  the  Committee  on  the 
Legislature,  its  Organization,  etc. 

Also,  "A  proposition  to  amend  Section  six,  Article  X  of  the 
Constitution,  in  relation  to  biennial  sessions  of  the  Legislature" 
(Int.  No.  167),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  the  Legislature,  its  Organization,  etc. 

Also,  "A  proposition  to  amend  Section  thirteen,  Article  III  of 
the  Constitution,  in  relation  to  the  origin  of  bills  in  the  Legisla- 
ture "  (Int.  No.  168),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  the  State  Finances,  Revenues  and 
Expenditures. 

By  Mr.  Brenner:  "A  proposition  to  amend  Section  seven  of 
Article  I  of  the  Constitution,  appointing  judges  of  condemnation 
in  condemnation  proceedings"  (Int.  No.  169),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Bi]l  of 
Eights. 

By  Mr.  Baldwin:  "A  proposition  to  amend  Article  VI  of  the 
Constitution,  in  relation  to  the  court  of  general  sessions  of  the 
county  of  New  York"  (Int.  No.  170),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Bell:  "A  proposition  to  amend  Article  II  of  Section 
one  of  the  Constitution,  in  relation  to  qualifications  of  voters  " 
(Int  No.  171),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Suffrage. 

By  Mr.  Bernstein:  "A  proposition  to  amend  Article  V  of  the 
Constitution,  by  providing  for  the  appointment  by  the  Governor 
of  State  officers"  (Int.  No.  172),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Governor  and  Other 
State  Officers,  etc. 

By  Mr.  Slevin :  "A  proposition  to  amend  Section  three  of  Arti- 
cle I  of  the  Constitution,  in  relation  to  rights  of  jurors  "  (Int.  No. 
173),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Bill  of  Rights. 

By  Mr.  Haffen :  "A  proposition  to  amend  Article  III,  Section 
Hve  of  the  Constitution,  providing  for  the  number  of  members  of 
the  Assembly  to  be  apportioned  by  the  Legislature  at  the  first 
session  after  the  return  of  every  enumeration  among  the  several 
counties  of  the  State,  and  providing  further,  the  manner  and 
method  by  which  said  apportionment  shall  be  made  "   (Int.  No- 


CONSTITUTIONAL  CONVENTION  75 

174),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  the  Legislature,  its  Organization,  etc. 

By  Mr.  Bunce  (by  request)  :  "A  proposition  to  amend  Section 
seventeen  of  Article  VI  of  the  Constitution,  relative  to  justices  of 
the  peace,  by  limiting  the  number  of  them  that  shall  be  elected  " 
(Int.  No.  175),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Judiciary. 

By  Mr.  Cullinan:  aA  proposition  to  add  a  new  section  to  Article 
VII  of  the  Constitution,  providing  that  any  act  granting  a  pension 
shall  not  take  effect  unless  it  shall  have  been  submitted  to  the 
people  "  (Int.  No.  176),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  the  State  Finances,  Revenues  and 
Expenditures. 

By  Mr.  Dunmore:  "A  proposition  to  amend  Section  four, 
Article  I  of  the  Constitution,  in  relation  to  the  writ  of  habeas 
corpus"  (Int.  No.  177),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Bill  of  Bights. 

By  Mr.  L.  M.  Martin  (by  request)  :  "A  proposition  to  amend 
Article  X,  Sections  one  and  two  of  the  Constitution,  in  relation  to 
counties  and  towns,  their  organization,  government  and  officers  " 
(Int.  No.  178),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Counties,  Towns  and  Villages,  their  Organi- 
zation, Government,  etc. 

Also  (by  request),  "A  proposition  to  amend  Section  one  of 
Article  V  of  the  Constitution,  in  relation  to  State  officers,  their 
manner  of  selection  and  term  of  office  "  (Int.  No.  179),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Governor  and  Other  State  Officers,  etc. 

Also  (by  request),  "A  proposition  to  amend  Article  VIII  of  the 
Constitution,  in  relation  to  the  formation  of  business  corporations, 
their  powers  and  duties"  (Int.  No.  180),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Corporations. 

Also  (by  request),  aA  proposition  to  amend  Article  VIII  of  the 
Constitution,  in  relation  to  the  forming  of  labor  unions"  (Int. 
No.  181),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Industrial  Interests  and  Relations. 

By  Mr.  Deyo :  "A  proposition  to  amend  Section  four  of  Article 
IV  of  the  Constitution,  in  relation  to  the  salary  and  the  powers  of 
the  Governor"   (Int.  No.  182),  which  was  read  twice,  ordered 


76  JOURNAL  OF  THE 

printed  and  referred  to  the  Committee  on  Governor  and  Other 
State  Officers,  etc. 

By  Mr.  Kodenbeck :  "A  proposition  to  amend  Article  VI  of  the 
Constitution,  by  adding  a  new  section  conferring  authority  upon 
the  justices  of  the  Appellate  Division  to  make  rules  of  procedure 
in  court  proceedings "  (Int.  No.  183),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Section  fifteen  of  Article  III 
of  the  Constitution,  prohibiting  the  introduction  in  the  Legislature 
of  any  bill  except  by  a  standing  or  select  committee  of  the  Legis- 
lature until  such  bill  has  been  approved  as  to  form  and  expression 
by  the  legislative  counsel  "  (Int.  No.  184),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Legislative 
Powers. 

Also,  "A  proposition  to  amend  Article  VI  of  the  Constitution, 
by  adding  a  new  section  conferring  authority  upon  the  justices  of 
the  Appellate  Division  to  designate  one  of  the  justices  of  the  Su- 
preme Court  a  judiciary  counsel  to  prepare  rules  of  court  and 
exercise  a  general  supervision  over  the  administration  of  justice  " 
(Int.  No.  185),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Judiciary. 

By  Mr.  Lincoln :  aA  proposition  to  amend  Article  V  of  the  Con- 
stitution, by  adding  thereto  a  new  section  relating  to  the  creation 
of  boards,  commissions,  etc."  (Int.  No.  186),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Governor 
and  Other  State  Officers,  etc. 

By  Mr.  Sanders:  "A  proposition  to  amend  Article  XII  of  the 
Constitution,  so  as  to  secure  to  cities  and  incorporated  villages  the 
right  of  self  government  and  to  limit  the  power  of  the  Legislature 
to  the  enactment  of  general  laws  for  the  organization  and  govern- 
ment thereof"  (Int.  No.  187),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Cities. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  submitted  the 
following  report : 

The  Committee  on  Rules  as  a  supplemental  report  recommends 
the  adoption  of  the  following : 

Resolved,  That  the  following  named  persons  be  employed  by 
this  Convention  as  clerks  and  stenographers  for  the  respective 


CONSTITUTIONAL  CONVENTION  77 

committees  hereinafter  named  at  the  per  diem  compensation  set 
opposite  their  names,  viz. : 

Committee  on  Prisons  and  Committee  on  Contingent  Expenses 
—  George  Kaufman,  stenographer,  $5. 

And  that  this  Convention  accept  the  resignation  of  George 
Munson  as  stenographer  to  the  Committee  on  Contingent  Ex- 
penses and  on  Prisons,  and  that  the  said  George  Munson  he 
employed  by  this  Convention  as  clerk  and  stenographer  to  the 
Committee  on  Eevision  and  Engrossment  at  the  compensation  of 
$10  per  day. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Rodenbeck,  from  the  Committee  on  Eevision  and  Engross- 
ment, presented  the  following  report : 

To  the  Constitutional  Convention: 

The  Committee  on  Revision  and  Engrossment,  to  which  was 
referred  the  resolution  adopted  by  the  Convention  authorizing 
and  directing  the  committee  to  employ  an  expert  parliamentary 
draftsman  to  assist  members  and  committees  in  the  preparation 
and  formulation  of  resolutions  and  proposed  amendments  to  the 
Constitution,  begs  to  report  that  it  has  selected  as  such  draftsman 
Benton  S.  Rude,  for  many  years  connected  with  the  Bill  Drafting 
Department  of  the  Legislature^  and  asks  that  his  compensation  be 
fixed  at  the  sum  of  $15  a  day. 

which  report  was  agreed  to. 

Mr.  Rodenbeck  oifered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following : 

Resolved,  That  the  compensation  of  Benton  S.  Rude,  the  par- 
liamentary draftsman  employed  by  the  Committee  on  Revision 
and  Engrossment,  be  fixed  at  the  sum  of  $15  per  day. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  S.  K.  Phillips,  his  resolution  of  May  5th  in 
relation  to  fees  of  the  official  stenographer  was  taken  from  the  table 
and  recommitted  to  the  Committee  on  Contingent  Expenses. 

Mr.  J.  L.  O'Brian  was  excused  from  the  sessions  of  to-morrow 
and  Friday. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


78  JOURNAL  OF  THE 

THURSDAY,  MAY  13,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  John  P.  Chidwick,  Yonkers,  X.  Y. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Tuesday,  May 
11th,  was  approved. 

Mr.  Coles  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Printing  ascertain  the 
number  of  copies  now  on  hand  of  the  proceedings  of  the  Con- 
vention, journals,  calendars,  documents  and  proposed  constitu- 
tional amendments,  and  report  to  the  Convention  the  number  of 
additional  copies  of  each  needed  to  supply  the  demand  during 
the  entire  session  of  the  Convention. 

which  was  referred  to  the  Committee  on  Printing. 

Mr.  C.  A.  Webber  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  State  Comptroller  be  requested  to  furnish 
the  following  information  from  the  reports  in  transfer  tax  pro- 
ceedings filed  in  his  office: 

First.  The  following  details  in  relation  to  each  of  the  last 
twenty-five  parcels  of  real  estate  in  each  county  of  the  State  ap- 
praised for  the  transfer  tax: 

a.  The  name  of  the  deceased. 

b.  The  name  of  the  city  or  town  in  which  the  parcel  is  located. 

c.  The  assessed  value  as  reported. 

d.  The  appraised  value  as  fixed. 

Second.  The  foregoing  information  to  be  arranged  by  counties 
according  to  the  location  of  the  parcels,  and  to  be  in  tabular  form. 

which  was  referred  to  the  Committee  on  Library  and  Information. 
Mr.  Buxbaum  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Whereas,  Several  of  the  standing  committees  hold  their  meet- 
ings on  the  same  day  of  the  week  and  at  about  the  same  time,  and 
delegates  are  unable  to  attend  more  than  one  committee  meeting 
at  the  same  time ;  and, 

Whereas,  Many  of  the  delegates  are  interested  in  the  proceed- 
ings of  committees,  other  than  those  to  which  they  have  been  as- 
signed and  desire  to  be  informed  in  regard  to  the  work  and  prog- 
ress of  such  other  committees;  now,  therefore,  be  it 


CONSTITUTIONAL  CONVENTION  79 

Kesolved,  That  typewritten  copies  of  the  minutes  of  the  several 
standing  committees  be  furnished,  upon  request,  by  the  stenog- 
raphers of  the  various  committees,  to  the  delegates,  and  that  suit- 
able arrangements  for  a  sufficient  supply  of  such  minutes  be  made. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  Buxbaum  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  this  Convention  extend  its  thanks  to  the  Hon. 
Thaddeus  C.  Sweet,  Speaker  of  the  Assembly,  and  to  Hon. 
Francis  M.  Hugo,  Secretary  of  State,  for  their  valuable  services 
rendered  prior  to  and  in  the  organization  of  this  Convention. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Buxbaum  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Whereas,  There  have  been  but  very  few  changes  in  the  present 
Constitution  since  its  adoption ;  and, 

Whereas,  It  is  deemed  advisable  that  only  such  changes  therein 
be  made  by  the  delegates  to  this  Convention  as  may  be  necessary  to 
meet  existing  conditions;  and, 

Whereas,  It  is  advisable  that  the  efforts  of  the  delegates  be 
concentrated  upon  the  desired  changes  and  that  the  work  of  this 
Convention  be  performed  as  speedily  as  consistent  with  careful 
and  thorough  consideration  of  the  matters  requiring  its  special 
attention ;  be  it 

Resolved,  That  this  Convention  give  its  main  attention  to  the 
following  amendments  to  the  present  Constitution: 

First.  An  amendment  changing  the  present  judicial  system 
and  limiting  exemptions  from  performance  of  jury  duty. 

Second.  An  amendment  changing  the  present  methods  of 
taxation. 

Third.  An  amendment  concerning  the  State  finances,  revenues 
and  expenditures. 

Fourth.  An  amendment  concerning  the  conservation  of  the 
natural  resources  of  the  State. 

Fifth.  An  amendment  relative  to  workmen's  compensation 
and  rights. 

Sixth.  An  amendment  relative  to  civil  service  appointments, 
promotions  and  removal  of  civil  service  employees. 

Seventh.  An  amendment  providing  for  a  new  legislative  ap- 
portionment and  fixing  the  number  and  terms  of  Senators  and 
Assemblymen,  their  compensation,  powers  and  procedure. 

Eighth.     An  amendment  relative  to  the  short  ballot. 


80  JOURNAL  OF  THE 

On  motion  of  Mr.  Wickersham,  said  resolution  was  ordered  laid 
upon  the  table. 

Mr.  Wiggins  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  clerk  of  this  Convention  procure  from  the 
clerk  of  the  Appellate  Division  of  each  department  the  number  of 
appeals  from  orders  and  judgments  filed  during  the  calendar 
year  and  the  number  of  appeals  upon  the  calendar  which  have 
not  been  reached  for  argument  on  the  first  day  of  January  for 
each  year  during  the  past  three  years  and  during  the  years  1900, 
1901  and  1902. 

which  was  referred  to  the  Committee  on  Library  and  Information. 
Mr.   Cobb  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Attorney-General  be  requested  to  furnish 
to  this  Convention,  with  all  convenient  speed,  the  following  in- 
formation relative  to  matters  pending  before  the  Court  of  Claims : 

First.  The  number  of  claims  pending,  classified  by  the  years 
in  which  the  claims  were  filed. 

Second.  The  amount  involved  in  the  claims  so  filed,  also 
classified  by  years. 

Third.  The  number  of  claims  disposed  of  by  the  Court  of 
Claims  or  Board  of  Claims  in  each  year  of  the  last  five  years. 

Fourth.  The  number  of  claims  adjusted  without  recourse  to 
the  Court  of  Claims  or  Board  of  Claims  in  each  year  of  the  last 
five  years. 

Fifth.  The  total  amount  paid  by  the  State  in  satisfaction  of 
claims  in  each  year  of  the  last  five  years. 

Sixth.  The  geographical  distribution  of  pending  claims,  stated 
by  counties. 

Seventh.  A  classification  of  pending  claims  by  number  and 
amount  involved,  showing: 

a.  Claims  arising  from  appropriations  made  by  the  State  in 
the  course  of  the  Barge  Canal  improvement. 

b.  Cases  on  contract  growing  out  of  the  Barge  Canal  improve- 
ment. 

c.  Cases  in  the  nature  of  tort  growing  out  of  the  Barge  Canal 
improvement. 

d.  Cases  on  contract,  unrelated  to  the  Barge  Canal  improve- 
ment. 

e.  Cases  in  the  nature  of  tort  unrelated  to  the  Barge  Canal  im- 
provement. 

which  was  referred  to  the  Committee  on  Library  and  Information. 


CONSTITUTIONAL  CONVENTION  81 

The  Secretary  called  the  roll  by  districts  when  the  following 
propositions  were  introduced : 

By  Mr.  Pelletreau:  "A  proposition  to  amend  Section  two, 
Article  I  of  the  Constitution,  in  relation  to  trial  by  jury  "  (Int. 
No.  188),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Bill  of  Rights. 

By  Mr.  Steinbrink:  "A  proposition  to  amend  Section  twenty- 
four,  Article  VI,  regulating  the  creation  of  the  office  of  official 
referee"  (Int.  No.  189),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Bayes  (by  request)  :  "A  proposition  to  amend  Section 
six  of  Article  X  of  the  Constitution,  in  relation  to  sessions  and 
final  adjournments  of  the  Legislature"  (Int.  No.  190),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee 
on  The  Legislature,  its  Organization,  etc. 

Also  (by  request),  "A  proposition  to  amend  Section  eleven  of 
Article  III  of  the  Constitution,  in  relation  to  adjournments  of 
the  Legislature"  (Int.  No.  191),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  The  Legislature,  its 
Organization,  etc. 

Also  (by  request),  "A  proposition  to  amend  Section  thirteen 
of  Article  III  of  the  Constitution,  in  relation  to  the  introduc- 
tion of  bills"  (Int.  No.  192),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Legislative  Powers. 

By  Mr.  A.  E.  Smith:  "A  proposition  to  amend  Article  III  of 
the  Constitution,  in  relation  to  minimum  wages  "  (Int.  No.  19'J), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Industrial  Interests  and  Relations. 

Also,  "A  proposition  to  amend  Article  III  of  the  Constitu- 
tion, by  inserting  a  new  section,  in  relation  to  delegation  of 
legislative  power  in  matters  affecting  employees"  (Int.  No. 
194),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Industrial  Interests  and  Relations. 

Also,  "A  proposition  to  amend  Article  III  of  the  Constitution, 
in  relation  to  power  of  the  Legislature  to  prohibit  manufactur- 
ing in  dwellings"  (Int.  No.  195),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Industrial  Interests 
and  Relations. 
6 


82  JOURNAL  OF  THE 

Also,  "A  proposition  to  amend  Article  I  of  the  Constitution, 
in  relation  to  legislation  affecting  employees"  (Int.  No.  196), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Industrial  Interests  and  Relations. 

By  Mr.  Baldwin:  "A  proposition  to  amend  Section  two  of 
Article  I  of  the  Constitution,  in  relation  to  the  trial  of  civil 
actions  in  the  Supreme  Court"  (Int.  No.  197),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Bill  of 
Rights. 

By  Mr.  C.  Nicoll :  "A  proposition  to  amend  Sections  seven  and 
eight  of  Article  VI  of  the  Constitution,  so  as  to  provide  for  the 
appointment  of  the  chief  judge  and  the  associate  judges  of  the 
Court  of  Appeals  by  the  Governor  by  and  with  the  advice  and 
consent  of  the  Senate"  (Int.  No.  198),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Blauvelt:  "A  proposition  to  amend  Article  VII  of  the 
Constitution,  in  relation  to  the  application  of  excessive  accumu- 
lations in  sinking  funds"  (Int.  No.  199),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  the  State 
Finances,  Revenues  and  Expenditures. 

By  Mr.  Winslow:  "A  proposition  to  amend  Section  one, 
Article  XII  of  the  Constitution,  in  relation  to  the  hours  of  duty 
of  city  employees"  (Int.  No.  200),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Cities. 

By  Mr.  Barrett:  "A  proposition  to  amend  Article  X,  Section 
two,  in  relation  to  a  county  department  of  assessments  and  col- 
lection of  taxes"  (Int.  No.  201),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Taxation. 

Also,  "A  proposition  to  amend  Article  III  and  Article  X  in 
relation  to  the  government  of  counties,  restricting  the  power 
of  the  Legislature  to  the  enactment  of  general  laws  and  providing 
for  the  submission  to  the  electors  of  certain  propositions,  in  refer- 
ence thereto"  (Int.  No.  202),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Counties,  Towns  and 
Villages,  their  Organization,  Government,  etc. 

By  Mr.  Rosch:  "A  proposition  to  amend  Section  nine,  Article 
I  of  the  Constitution,  to  provide  for  the  regulation  of  strikes, 
lockouts  and  industrial  differences"  (Int.  No.  203),  which  was 


CONSTITUTIONAL  CONVENTION  83 

read  twice,   ordered  printed  and  referred  to  the  Committee  on 
Bill  of  Eights. 

By  Mr.  Wiggins  (by  request) :  "A  proposition  to  amend 
Article  XIII,  Section  five,  in  relation  to  free  passes,  free  trans- 
portation, franking  privileges  or  discrimination  in  passenger, 
telegraph  or  telephone  rates,  from  any  person  or  corporation,  or 
making  use  of  the  same  "  (Int.  No.  204),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Public  Utili- 
ties. 

Also,  "A  proposition  to  amend  Article  III,  Section  seven  of 
the  Constitution,  to  provide  that  members  of  the  Legislature  may 
act  as  notary  public  or  commissioner  of  deeds  during  their  term 
of  office"  (Int.  No.  205),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  The  Legislature,  its  Organiza- 
tion, etc. 

By  Mr.  Vanderlyn:  "A  proposition  to  amend  Section  two  of 
Article  I  of  the  Constitution,  to  provide  that  an  agreement  of 
five^sixths  of  a  jury  shall  constitute  a  verdict  in  civil  cases"  (Int. 
No.  206),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Bill  of  Rights. 

By  Mr.  McKean:  "A  proposition  to  amend  Section  seven  of 
Article  VII  of  the  Constitution,  relative  to  the  lands  constitut- 
ing the  Forest  Preserve"  (Int.  No.  207),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Conservation 
of  Natural  Resources. 

By  Mr.  Bunce  (by  request)  :  "A  proposition  to  amend  Section 
eighteen  of  Article  VI,  in  relation  to  inferior  local  courts  by  in- 
creasing territorial  and  personal  jurisdiction"  (Int.  No.  208), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary. 

By  Mr.  Deyo:  "A  proposition  to  amend  Section  nine,  Article 
IV  of  the  Constitution,  in  relation  to  the  approval  of  bills  passed 
by  the  Legislature"  (Int.  No.  209),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Legislative 
Powers. 

By  Mr.  Sanders:  "A  proposition  to  amend  Section  two  of 
Article  X  of  the  Constitution,  in  relation  to  the  election  and  ap- 
pointment of  city,  town  and  village  officers"    (Int.  No.  210), 


84  JOURNAL  OF  THE 

which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Counties,  Towns  and  Villages,  their  Organization, 
Government,  etc. 

By  Mr.  E.  B.  Smith:  "A  proposition  to  amend  Article  IV  of 
the  Constitution,  by  adding  a  new  section  thereto  in  relation  to 
the  power  of  the  Governor  to  amend  a  bill  which  imposes  a 
direct  State  tax"  (Int.  No.  211),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  the  State  Finances, 
Revenues  and  Expenditures. 

Also,  "A  proposition  to  amend  Section  five  of  Article  II  of  the 
Constitution,  in  relation  to  the  manner  of  voting"  (Int.  No. 
212),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Suffrage. 

By  Mr.  Ahearn:  "A  proposition  to  amend  Article  XIV,  in  re^ 
lation  to  amendments  to  .the  Constitution,  how  proposed,  voted 
upon  and  ratified  "  (Int.  No.  213),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Future  Amendments 
and  Revisions  of  the  Constitution. 

By  Mr.  J.  G.  Saxe:  "A  proposition  to  amend  Section  eighteen, 
Article  III  of  the  Constitution,  in  relation  to  limitations  of  the 
power  of  the  Legislature  to  pass  private  or  local  bills,  by  pro- 
hibiting private  claim  bills"  (Int.  No.  214),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  -Legis- 
lative Powers. 

On  motion  of  Mr.  Wickersham,  printed  copies  of  all  proposed 
amendments  relating  to  trial  by  jury  and  referred  to  the  Com- 
mittee on  Bill  of  Rights  were  ordered  sent  to  the  Committee  on 
Judiciary  for  its  information,  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  wise. 

Mr.  Secretary  announced  the  designation  of  E.  W.  Moses 
assistant  secretary  in  charge  of  officers  and  employees  of  the  Con- 
vention pursuant  to  resolution  of  May  11th. 

On  motion  of  Mr.  R.  B.  Smith,  the  Sergeant-at-Arms  was  ex- 
cused from  attendance  in  order  that  he  might  accept  service  of  a 
subpoena  to  appear  as  a  witness  in  a  pending  trial. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION  85 

FRIDAY,  MAY  14,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  H.  Dyckhuesen. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Wednesday,  May 
12th,  was  approved. 

Mr.  President  presented  the  memorial  of  the  Chamber  of  Com- 
merce of  the  State  of  New  York,  which  was  referred  to  the  Com- 
mittee on  Judiciary. 

Also,  the  petition  of  a  number  of  citizens  and  taxpayers,  in 
relation  to  biennial  sessions,  which  was  referred  to  the  Committee 
on  The  Legislature,  its  Organization,  etc. 

Also,  the  communication  of  the  teachers  of  public  school  22, 
borough  of  Queens,  which  was  referred  to  the  Committee  on 
Education. 

Also,  the  communication  of  Hon.  Peter  G.  Ten  Eyck,  which 
was  referred  to  the  Committee  on  Suffrage. 

Also,  the  communication  of  Macey  F.  Denning,  which  was  re- 
ferred to  the  Committee  on  Suffrage. 

Also,  the  communication  of  Francis  E.  Tower,  which  was  re- 
ferred to  the  Committee  on  Bill  of  Rights. 

Also,  the  communication  of  James  Wood,  which  was  referred 
to  the  Committee  on  Bill  of  Rights. 

Also,  the  proposal  of  the  New  York  State  Bar  Association,  which 
was  referred  to  the  Committee  on  Judiciary. 

Mr.  Parsons  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  chairmen  of  committees  be  requested  to 
instruct  their  clerks  to  cause  as  early  notice  as  practicable  of  hear- 
ings to  be  filed  with  the  Secretary  of  the  Convention,  and  that  the 
Secretary  cause  a  consolidated  calendar  of  such  hearings  to  be 
posted  and  kept  posted  on  the  bulletin  board,  showing  the  day  and 
hour,  place  and  subject  of  such  hearings. 

which  was  referred  to  the  Committee  on  Rules. 

Mr.  Cobb  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Canals  be  discharged  from 
the  further  consideration  of  the  Proposed  Amendment  (No.  159, 
Int.   No.   159)   entitled  "  Proposed  constitutional  amendment  to 


86  JOURNAL  OF  THE 

amend  Section  eight  of  Article  VII  of  the  Constitution,  in  relation 
to  the  sale  of  abandoned  portions  of  canals  and  disposition  of 
funds." 

Said  proposition  having  been  announced,  on  motion  of  Mr.  Cobb 
the  same  was  amended  as  follows: 

Page  2,  line  2,  before  "portions  "  insert  in  italics  "  those  ". 

Page  2,  line  3,  after  the  first  "  of  "  strike  out  the  balance  of  the 
line  and  insert  in  italics  in  place  thereof  "  such  canals  which  shall 
have  been  ". 

Page  2,  line  4,  after  "  purposes  "  and  before  the  semicolon  in- 
sert in  italics  "  in  accordance  with  plans  made  pursuant  to  laws 
heretofore  enacted  for  the  improvement  of  such  canals  ". 

and  ordered  reprinted  and  recommitted  to  said  committee. 

The  Secretary  called  the  roll  by  districts  and  the  following 
propositions  were  introduced: 

By  Mr.  Steinbrink  (by  request)  :  " A  proposition  to  amend  Sec- 
tions fourteen  and  seventeen  of  Article  VI  of  the  Constitution, 
in  respect  to  the  consolidation  of  courts  within  the  territorial 
limits  of  the  city  of  New  York  "  (Int.  No.  215),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Wickersham:  "A  proposition  to  amend  Article  III 
of  the  Constitution,  in  relation  to  exemptions  from  jury  service  " 
(Int.  No.  216),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Article  I  of  the  Constitution, 
in  relation  to  trial  by  jury  "  (Int.  No.  217),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Bill  of  Bights. 

By  Mr.  Shipman  (by  request)  :  "A  proposition  to  amend  Sec- 
tion one  of  Article  X  of  the  State  Constitution,  relative  to  county 
officers "  (Int.  No.  218),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  County,  Town  and  Village 
Officers. 

By  Mr.  Bnnce:  "A  proposition  to  amend  Section  seven  of 
Article  VII  of  the  Constitution,  in  reference  to  the  use  and  in- 
crease of  the  Forest  Preserve,  and  the  use  of  the  water  resources 
of  the  State"  (Int.  No.  219),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Conservation  of  Natural 
Resources.  A  printed  copy  to  be  sent  to  the  Committee  on  Bill 
of  Rights  with  authority  to  report  such  opinions  thereon  as  it  may 
deem  advisable. 


CONSTITUTIONAL  CONVENTION  87 

Also,  "A  proposition  to  amend  Article  V  of  the  Constitution, 
by  adding  thereto  two  new  sections  providing  for  the  appointment 
of  a  conservation  commissioner  and  prescribing  his  duties,  and 
for  the  appointment  of  a  water  power  and  supply  commissioner 
and  prescribing  his  duties  "  (Int.  No.  220),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Governor  and 
Other  State  Officers,  etc.  A  printed  copy  to  be  sent  to  the  Com- 
mittee on  Conservation  of  Natural  Resources  with  authority  to 
report  such  opinions  thereon  as  it  may  deem  advisable. 

Mr.  J.  S.  Phillips,  from  the  Committee  on  Library  and  In- 
formation, to  which  was  referred  the  resolution  relative  to  obtain- 
ing certain  information  from  the  Comptroller  as  to  the  amount 
of  fees  and  salaries  now  received  by  the  various  county  treasurers 
of  the  counties  of  the  State,  introduced  by  Mr.  Kirby,  May  11, 
1915,  reported  in  favor  of  the  adoption  of  the  following  resolution : 

Resolved,  That  the  Comptroller  be  requested  to  furnish,  with 
all  convenient  speed,  to  the  Secretary  of  the  Convention  a  state- 
ment showing  the  following  information: 

First.  The  official  compensation  received  during  the  last  fiscal 
year  by  the  several  county  treasurers  by  way  of  salary. 

Second.  The  fees  they  receive  and  retain  in  addition  to  their 
salary,  and  the  amount  of  such  compensation  received  and  retained 
by  them  during  the  last  fiscal  year,  and  a  statement  showing  the 
source  from  which  the  fees  are  derived. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  Berri  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Secretary  be  directed  to  place  an  order  at 
once  for  the  printing  necessary  to  comply  with  the  provisions  of 
Rules  70  and  71. 

Said  resolution  giving  rise  to  debate,  ordered  that  the  same  be 
laid  upon  the  table. 

Mr.  Berri  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  In  addition  to  the  five  hundred  copies  of  the  proposed 
constitutional  amendments,  records,  documents  and  journals 
already  ordered,  that  three  hundred  additional  copies  of  the 
Record  and  five  hundred  additional  copies  each  of  the  proposed 
amendments  and  documents  are  herebv  ordered  on  the  conditions 


88  JOURNAL  OF  THE 

named  in  the  letter  of  the  J.  B.  Lyon  Company  to  the  chairman 
of  the  Printing  Committee,  dated  May  13,  1915;  and  that  here- 
after until  further  ordered  one  thousand  copies  of  each,  including 
journals,  shall  be  regularly  printed  and  delivered  to  the  Con- 
vention. 

Said  resolution  giving  rise  to  debate,  ordered  that  the  same  be 
laid  upon  the  table. 

Mr.  Parsons,  from  the  Committee  on  Rules,  submits  the  fol- 
lowing report: 

The  Committee  on  Rules  as  a  supplemental  report  recommends 
the  adoption  of  the  following:  Resolved,  That  Minerva  E. 
B  rough  ton  be  employed  by  this  Convention  as  stenographer  for  the 
Committee  on  Future  Amendments,  at  a  compensation  of  $5  per 
day. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Wickersham  and  Mr.  M.  J.  O'Brien  were  excused  from 
the  session  of  Tuesday  next. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


TUESDAY,  MAY  18,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  J.  L.  O'Brian  the  journal  of  Thursday,  May 
13th,  was  approved. 

Mr.  Parsons  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  in  lieu  of  Rules  70  and  71  the  following  be 
adopted : 

Rule  70.  There  shall  be  printed  as  of  course  and  without  any 
special  order  1,000  copies  of  the  Record,  800  copies  of  the  Jour- 
nal, 500  copies  of  the  Calendar,  1,000  copies  of  each  document, 
1,000  copies  of  each  Proposed  Constitutional  Amendment,  and 
1,000  copies  of  each  report  of  a  committee,  or  of  a  minority  of 
a  committee,  on  the  subject  of  constitutional  revision  in  which 
are  set  forth  the  reasons  for  their  recommendation. 

Rule  71.  Six  hundred  copies  of  the  Record,  600  copies  of  the 
Journal  and  600  copies  of  the  reports  as  printed  shall  be  bound 
and  distributed  as  follows,  viz. :      To  each  member  of  the  Con- 


CONSTITUTIONAL  CONVENTION  89 

vention,  two  copies;  State  Library,  five  copies;  the  library  of 
the  Senate,  five  copies;  the  library  of  the  Assembly,  five  copies; 
the  office  of  each  county  clerk,  one  copy ;  and  the  remaining  copies 
to  such  libraries  and  other  institutions  as  shall  be  designated  by 
the  President  or  by  the  Convention. 

Further  Resolved,  That  the  Committee  on  Printing  is  hereby 
requested  to  carry  out  the  provisions  of  Rules  70  and  71  as 
amended;  that  Rule  70  as  amended  be  deemed  to  supersede  all 
rules  and  resolutions  heretofore  adopted  in  regard  to  the  number 
of  copies  to  be  printed;  that  the"  extra  number  of  copies  to  be 
provided  because  of  the  adoption  of  these  resolutions  be  ordered 
on  the  conditions  named  in  the  letter  of  the  J.  B.  Lyon  Company 
to  the  chairman  of  the  Printing  Committee,  dated  May  13,  1915, 
and  that  the  two  resolutions  introduced  by  Mr.  Berri  on  May  13th 
in  regard  to  printing  be  laid  upon  the  table. 

which  was  referred  to  the  Committee  on  Rules. 

Mr.  Austin  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Conservation  of  Natural 
Resources  be  discharged  from  the  further  consideration  of  the 
proposed  amendment  (No.  128,  Int.  No.  128)  entitled  "  Proposed 
Constitutional  Amendment  to  amend  Section  seven  of  Article  VII 
of  the  Constitution,  relative  to  the  lands  constituting  the  Forest 
Preserve." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Austin,  the  same  was  amended  as  follows : 

Page  2,  line  3,  after  the  word  "  parks  "  insert  "  and  are  not  in 
or  adjacent  to  Lake  George"  in  italics. 

and  ordered  reprinted  and  recommitted  to  said  committee. 

Mr.  Clearwater  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following : 

Resolved,  That  the  Secretary  cause  to  be  placed  upon  the  cor- 
ridor blackboards  the  names  of  the  committees,  and  the  place 
and  hour  of  their  meeting. 

which  was  referred  to  the  Committee  on  Rules. 

Mr.  Ostrander  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Clerk  of  the  Court  of  Claims  and  the  Comp- 
troller be,  and  are  hereby,  requested  to  transmit  to  this  Conven- 
tion, with  all  convenient  speed,  the  following  information  relating 
to  the  Courts  of  Claims  and  the  Boards  of  Claims  and  to  matters 


90  JOURNAL  OF  THE 

pending  and  disposed  of  therein,  during  each  of  the  ten  years 
last  past,  so  far  as  such  information  shall  be  of  record  in  their 
respective  offices,  viz. : 

1.  The  amount  of  salaries,  fees,  expenses  and  disbursements 
paid  to  all  judges,  attendants,  clerks,  stenographers  and  other 
employees,  witnesses,  counsel  and  agents,  viz. : 

2.  The  number  of  days  of  actual  sittings  of  such  court  or  board 
in  each  year. 

3.  The  number  of  cases  disposed  of  in  each  year  and  the  aggre- 
gate of  awards  made  in  each  year. 

4.  The  number  of  cases  disposed  of  in  each  year,  in  which  the 
award  was  $500  or  less  and  $200  or  less,  respectively,  and  the 
aggregate  of  such  awards  in  each  year. 

5.  The  number  of  times  the  name  of  such  court  or  board  has 
been  changed  during  said  year,  and  the  alleged  reasons  for  such 
changes. 

Further  Resolved,  That  the  Superintendent  of  Public  Works, 
the  State  Engineer  and  Surveyor  and  the  Attorney-General  trans- 
mit to  the  Convention,  at  their  earliest  convenience,  the  following 
information  relating  to  matters  pending  and  disposed  of  during 
each  of  the  ten  years  last  past,  before  the  Courts  of  Claims  and  the 
Boards  of  Claims,  so  far  as  such  information  shall  be  of  record  in 
their  respective  offices,  viz. : 

1.  The  amounts  paid  in  each  year  to  officers,  employees,  agents, 
investigators  and  representatives  of  such  departments  respectively 
for  services,  fees,  expenses  and  disbursements  in  relation  to  mat- 
ters before  said  courts  or  boards. 

2.  The  amounts  paid  or  incurred  for  services,  fees  and  expenses 
of  witnesses,  consulting  experts,  special  counsel  and  otherwise  in 
relation  to  matters  before  said  courts  or  boards. 

which  was  referred  to  the  Committee  on  Library  and  Information. 
Mr.  Green  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Printing  be,  and  is  hereby, 
requested  to  place  contract  through  the  proper  authorities  for 
the  printing  of  6,000  extra  copies  of  all  proposed  amendments. 
Said  amendments  to  be  at  the  disposal  of  the  delegates  to 
this  Convention  and  the  distribution  to  include  all  of  the  news- 
papers published  in  their  respective  districts,  as  also  all  the 
public  and  school  libraries,  chambers  of  commerce,  business  men's 
associations,  military  and  civil  clubs,  labor  organizations,  etc., 
balance  to  be  sent  to  such  of  their  constituents,  among  the  judges, 
lawyers,  ministers,  bankers,  manufacturers,  merchants  and  other 
professional  business  and  workingmen  as  they  may  proportion- 
ately select,  limiting  the  number  of  proposed  amendments,  how- 


CONSTITUTIONAL  CONVENTION  91 

ever,  to  50  copies  for  each  delegate-at-large  and  100  copies  to 
each  of  the  fifty-one  districts ;  the  manner  of  distribution  in  said 
districts  to  be  left  to  the  three  delegates  from  each  district  to 
mutually  agree  upon. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

The  Secretary  called  the  roll  by  districts  when  the  following 
propositions  were  introduced: 

By  Mr.  Pelletreau:  "A  proposition  to  amend  Article  IV,  Sec- 
tion four,  in  relation  to  the  duties  and  powers  of  governor;  com- 
pensation; State  budget"  (Int.  No.  221),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  the  State 
Finances,  Revenues  and  Expenditures. 

Also,  "A  proposition  to  amend  Article  V,  Section  one  of  the 
Constitution,  in  relation  to  the  appointment  of  the  State  officers 
by  the  Governor  and  the  creation  of  a  Governor's  council,  com- 
posed of  the  State  officers  "  (Int.  No.  222),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Governor  and 
Other  State  Officers,  etc. 

Also,  "A  proposition  to  amend  Article  V,  Section  two,  by  strik- 
ing out  said  section  and  substituting  in  place  thereof  a  provision 
giving  the  Secretary  of  State,  Comptroller,  Treasurer,  Attorney- 
General  and  State  Engineer  and  Surveyor  seats  in  the  Legisla- 
ture "  (Int.  No.  223),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Legislative  Powers. 

By  Mr.  Buxbaum :  "A  proposition  to  amend  Section  twenty  of 
Article  VI  of  the  Constitution,  in  relation  to  qualification  of 
judicial  officers"  (Int.  No.  224),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Sargent:  "A  proposition  to  amend  Section  one  of 
Article  II  of  the  Constitution,  in  relation  to  compulsory  voting  " 
(Int.  No.  225),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Suffrage. 

By  Mr.  Newburger:  "A  proposition  to  amend  Section  six  of 
Article  II  of  the  Constitution,  in  relation  to  appointing  or  elect- 
ing election  boards  and  officers  from  the  enrolled  voters  of  the 
election  districts  for  which  they  shall  be  appointed  or  elected" 
(Int.  No.  226),  which  Was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Suffrage. 


92  JOUKNAL  OF  THE 

Also,  "A  proposition  to  amend  Section  one  of  Article  X  of  the 
Constitution,  in  relation  to  extending  the  term  of  office  of  district 
attorneys  to  five  years  in  the  counties  of  New  York  and  Kings,  and 
in  counties  whose  boundaries  are  the  same  as  those  of  a  city,  and 
making  said  district  attorneys  ineligible  for  re-election  for  the 
next  term  after  the  termination  of  their  offices,  and  providing  that 
all  votes  for  any  of  said  district  attorneys  for  any  other  office 
given  by  the  Legislature  or  the  people  shall  be  void  "  (Int.  No. 
227),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  County,  Town  and  Village  Officers. 

By  Mr.  Foley :  "A  proposition  to  amend  Section  four  of  Article 
III  of  the  Constitution,  providing  for  enumerations  and  reappor- 
tionments and  for  an  equitable  apportionment  of  Senate  districts  " 
(Int.  No.  228),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  The  Legislature,  its  Organization,  etc. 

By  Mr.  Kirk:  "A  proposition  to  amend  Article  VI,  providing 
that  justices  of  the  Court  of  Appeals  and  the  justices  of  the  various 
Appellate  Divisions  shall  be  designated  by  the  justices  of  the 
Supreme  Court  elected  from  each  department  "  (Int.  No.  229), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary. 

Also,  "A  proposition  to  amend  Article  III,  abolishing  the  Senate 
and  providing  for  the  election  of  the  Assembly  "  (Int.  No.  230), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  The  Legislature,  its  Organization,  etc. 

By  Mr.  Sheehan:  "A  proposition  to  amend  Section  four  of 
Article  III  of  the  Constitution,  by  eliminating  the  provision  with 
reference  to  decennial  enumeration  of  inhabitants  and  providing 
that  after  nineteen  hundred  and  sixteen  reapportionments  shall 
be  based  upon  the  Federal  enumerations,  thereby  saving  to  the  tax- 
payers approximately  four  hundred  and  seventy-five  thousand  dol- 
lars every  ten  years"  (Int.  No.  231),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  The  Legislature^ 
its  Organization,  etc. 

By  Mr.  J.  G.  Saxe  (by  request)  :  "A  proposition  to  amend 
Section  six  of  Article  I  of  the  Constitution,  in  relation  to  self- 
incrimination  by. a  witness"  (Int.  No.  232),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Bill  of 
Rights. 


CONSTITUTIONAL  CONVENTION  93 

Also  (by  request),  "A  proposition  to  amend  Section  two  of  Ar- 
ticle I  of  the  Constitution,  in  relation  to  trial  by  jury  "  (Int.  No. 
233),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Bill  of  Eights.  A  printed  copy  to  be  sent  to  the 
Committee  on  Judiciary  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

By  Mr.  Low  (by  request)  :  "A  proposition  to  amend  Sections 
one  and  two  of  Article  XIV  of  the  Constitution,  relating  to  future 
amendments  and  constitutional  conventions"  (Int.  No.  234), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Future  Amendments  and  Revisions  of  the  Constitution. 

By  Mr.  Bernstein:  "A  proposition  to  amend  Section  five  of 
Article  IV  of  the  Constitution,  in  relation  to  reprieves,  commuta- 
tions and  pardons  "  (Int.  No.  235),  which  was  read  twice,  ordered 
printed  and  referred  to. the  Committee  on  Prisons,  etc.,  and  the 
Prevention  and  Punishment  of  Crime. 

Also,  "A  proposition  to  amend  Section  six  of  Article  II  of  the 
Constitution,  in  relation  to  registration  and  election  boards " 
(Int.  No.  236),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Suffrage. 

By  Mr.  Donovan:  "A  proposition  to  provide  a  new  section  in 
relation  to  civil  service"  (Int.  No.  237),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Civil  Service. 

By  Mr.  Griffin:  "A  proposition  to  amend  Article  I,  Section 
two,  in  relation  to  permitting  the  jury  in  all  trials  for  felony  to 
fix  the  punishment"  (Int.  No.  238),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Bill  of  Rights. 
A  printed  copy  to  be  sent  to  the  Committee  on  Judiciary  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  ad- 
visable. 

By  Mr.  Austin:  "A  proposition  to  amend  Article  I,  Section 
six  of  the  Constitution,  by  providing  that  the  Legislature  may  by 
law  abolish,  limit,  change,  amend  or  otherwise  regulate  the  grand 
jury  system"  (Int.  No.  239),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Bill  of  Rights.  A 
printed  copy  to  be  sent  to  the  Committee  on  Judiciary  with  au- 
thority to  report  such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Clearwater:    "A  proposition  to  amend  Section  twelve 


94  JOURNAL  OF  THE 

of  Article  VI  of  the  Constitution  so  as  to  provide  that  justices  of 
the  Supreme  Court  shall  receive  from  the  State  the  sum  of  fif- 
teen thousand  dollars  per  year,  and  that  those  assigned  to  the 
Appellate  Divisions  in  the  third  and  fourth  departments,  shall 
receive  only  the  like  amount"  (Int.  No.  240),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on 
Judiciary. 

By  Mr.  E.  N.  Smith:  "A  proposition  to  amend  Section  thir- 
teen of  Article  VI  of  the  Constitution,  in  relation  to  the  exercise 
of  his  office  by  the  Governor  or  Lieutenant-Governor  after  im- 
peachment" (Int.  No.  241),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Judiciary. 
.  Also,  "A  proposition  to  amend  Section  six  of  Article  IV  of  the 
Constitution,  in  relation  to  the  powers  of  the  Lieutenant-Gover- 
nor, in  case  of  the  impeachment  of  the  Governor  "  (Int.  No.  242), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Governor  and  Other  State  Officers,  etc. 

By  Mr.  Lindsay:  "A  proposition  to  amend  Article  III,  Sec- 
tion twenty-nine  of  the  Constitution,  providing  for  the  occupation 
of  prisoners  sentenced  to  the  several  state  prisons,  penitentiaries, 
jails  and  reformatories  and  the  disposal  of  the  products  of  their 
labor"  (Int.  No.  243),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Prisons,  etc.,  and  the  Preven- 
tion and  Punishment  of  Crime. 

Also,  "A  proposition  to  amend  Article  III,  Section  two,  and 
Article  X,  Section  six,  of  the  Constitution,  providing  for  biennial 
sessions  of  the  Legislature,  extending  the  terms  of  office  of  its 
members,  fixing  the  time  when  the  political  year  and  legislative 
term  shall  begin  and  the  time  when  the  Legislature  shall  as- 
semble" (Int.  No.  244),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  The  Legislature,  its  Organiza- 
tion, etc. 

Mr.  Marshall  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Bill  of  Rights  be  discharged 
from  the  further  consideration  of  proposed  amendment  (No.  204, 
Int.  No.  203)  entitled  "Proposed  Constitutional  Amendment  to 
amend  Section  nine  of  Article  I  of  the  Constitution,  to  provide 
for  the  regulation  of  strikes,  lockouts  and  industrial  differences 


CONSTITUTIONAL  CONVENTION  95 

and  that  the  same  be  referred  to  the  Committee  on  Industrial 
Interests  and  Relations. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  presented 
the  following  report: 

The  Committee  on  Rules  as  a  supplemental  report  recommends 
the  adoption  of  the  following: 

Resolved,  That  John  J.  O'Connor  be  employed  by  this  Con- 
vention as  secretary  to  Vice-President  O'Brien  at  a  compensation 
of  $10  per  day. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Messrs.  Whipple,  Tuck  and  Stanchfield  were  excused  from  the 
session  of  to-day. 

Mr.  Cullinan  was  excused  from  the  sessions  of  to-day  and  to- 
morrow. 

Mr.  V.  M.  Allen  was  excused  indefinitely  on  account  of  illness. 

On  motion  of  Mr.  J.  L.  O'Brian,  the  Convention  adjourned. 


WEDNESDAY,  MAY  19,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  Clement  G.  Martin. 

On  motion  of  Mr.  J.  L.  O'Brian,  the  journal  of  Friday,  May 
14th,  was  approved. 

Mr.  M.  Saxe  presented  the  memorial  of  the  board  of  trustees  of 
The  Sheltering  Arms,  which  was  referred  to  the  Committee  on 
Taxation. 

Mr.  Rodenbeck  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  in  presenting  reports  to  this  Convention  each 
committee  be  required  to  accompany  its  report  with  a  concise  state- 
ment of  the  reasons  for  each  proposed  amendment  recommended- 


96  JOURNAL  OF  THE 

by  it,  and  that  these  reasons  be  printed  in  connection  with  the  pro- 
posed amendment. 

which  was  referred  to  the  Committee  on  Rules. 

The  Secretary  called  the  roll  by  districts  when  the  following 
propositions  were  introduced: 

By  Mr.  C.  A.  Webber:  "A  proposition  to  amend  Article  III 
by  adding  a  new  section  intended  to  deter  the  passage  of  so-called 
1  ripper'  or  patronage  bills"  (Int.  No.  245),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Legis- 
lative Powers. 

By  Mr.  Berri:  "A  proposition  to  amend  Sections  one,  two, 
and  three  of  Article  V  by  making  provision  for  a  short  ballot  to 
consist  of  the  Governor,  Lieutenant-Governor,  and  Comptroller, 
and  making  other  State  officers  appointive  unless  the  people, 
through  the  legislative  representatives,  shall  provide  for  their 
election  as  herein  provided  for,  and  by  adding  a  new  section,  to 
be  known  as  Section  ten,  providing  for  a  State  officer  to  be  known 
as  the  Commissioner  of  Labor"  (Int.  No.  246),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Governor 
and  Other  State  Officers,  etc. 

By  Mr.  A.  E.  Smith :  "A  proposition  to  amend  Section  one  of 
Article  II  of  the  Constitution,  relative  to  permitting  certain  rail- 
road employees  absent  from  their  places  of  residence  to  vote  at 
general  elections  "  (Int.  No.  247),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Suffrage. 

By  Mr.  Baldwin:  "A  proposition  to  amend  Section  six  of 
Article  I  of  the  Constitution,  in  relation  to  the  public  uses  for 
which  private  property  may  be  taken  "  (Int.  No.  248),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on  Bill 
of  Rights. 

By  Mr.  Olcott:  "A  proposition  to  amend  the  Constitution  by 
adding  a  new  article  creating  public  utilities  commissions,  and 
prescribing  their  jurisdiction,  powers  and  duties  "  (Int.  No.  249), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Public  Utilities. 

By  Mr.  Griffin:  "A  proposition  to  amend  Section  one  of 
Article  III  of  the  Constitution,  denning  the  legislative  power  and 
prohibiting  its  delegation  or  surrender"   (Int.  No.  250),  which 


CONSTITUTIONAL  CONVENTION  97 

was  read  twice,  ordered  printed  and  referred  to  the  Committee 
on  Legislative  Powers. 

By  Mr.  C.  H.  Young :  "A  proposition  to  amend  Section  four- 
teen of  Article  VI  of  the  Constitution,  in  relation  to  county 
courts,  the  city  court  of  the  city  of  New  York  and  the  court  of 
general  sessions  in  the  county  of  New  York"  (Int.  No.  251), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary. 

By  Mr.  Dunmore:  "A  proposition  to  amend  Section  six  of 
Article  seventeen  of  the  Constitution,  in  relation  to  the  jurisdic- 
tion of  justices  of  the  peace  and  district  court  justices  in  cities  " 
(Int.  No.  252),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Section  eighteen  of  Article  VI 
of  the  Constitution,  in  relation  to  the  territorial  jurisdiction  of 
inferior  local  courts"  (Int.  No.  253),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  R.  B.  Smith :  "A  proposition  to  amend  Section  one  of 
Article  Nil  of  the  Constitution,  in  relation  to  the  delegation  hy 
the  Legislature  to  cities  and  villages  of  power  of  local  legislation  " 
(Int.  No.  254),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Cities. 

Also,  "A  proposition  to  amend  Section  twenty  of  Article  VI  of 
the  Constitution,  in  relation  to  eligibility  to  judicial  office  "  (Int. 
No.  255),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Judiciary. 

By  Mr.  Cobb  (by  request)  :  "A  proposition  to  amend  Section 
eighteen  of  Article  VI  of  the  Constitution,  in  relation  to  inferior 
local  courts"  (Int.  No.  256),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Sections  one  and  two  of  Article 
NIV  of  the  Constitution,  with  relation  to  future  amendments  " 
(Int.  No.  257),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Future  Amendments. 

By  Mr.  Green:  "A  proposition  to  amend  Article  V  of  the 
Constitution,  in  relation  to  the  retirement  on  half  pay  of  the  Civil 
War  veterans  who  are  civil  service  employees"  (Int.  No.  258), 


98  JOURNAL  OF  THE 

which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Civil  Service. 

By  Mr.  Betts :  "A  proposition  to  amend  Section  four  of  Article 
III  of  the  Constitution,  in  relation  to  enumeration  and  the  re* 
apportionment  of  senatorial  districts"  (Int.  No.  259),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Legislative  Organization. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  presented  the 
following  report: 

The  Committee  on  Rules  as  a  supplemental  report  recommends 
the  adoption  of  the  following:  Resolved,  That  the  resignation  of 
Herbert  T.  Reed,  as  tally  clerk  be  accepted ;  that  he  be  employed 
as  clerk  to  the  Committees  on  Charities  and  County  Officers  at  a 
compensation  of  $7.00  per  day,  and  that  Ralph  E.  Briggs  be  em- 
ployed as  stenographer  to  said  committees  at  a  compensation  of 
$5.00  per  day,  and  that  William  F.  Brennan  and  Edward  Van 
Cott  be  employed  as  clerk  and  stenographer,  respectively,  to  the 
Committee  on  Legislative  Powers  at  a  compensation  of  $10.00  per 
day  and  $5.00,  respectively. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

By  unanimous  consent,  Mr.  J.  L.  O'Brian  offered  for  the  con- 
sideration of  the  Convention  a  resolution,  in  the  words  following: 

Resolved,  That  Harvey  B.  Dingman  be,  and  he  hereby  is,  ap- 
pointed superintendent  of  documents  in  place  of  Benjamin  W. 
Loring,  resigned. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

By  unanimous  consent,  Mr.  J.  L.  O'Brian  offered  for  the  con- 
sideration of  the  Convention  a  resolution,  in  the  words  following : 

Resolved,  That  no  person  be  admitted  to  the  document  room  ex- 
cept the  superintendent  of  documents,  the  assistant  superintendent 
of  documents  and  the  clerks  employed  under  them. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  presented  the 
following  report: 


CONSTITUTIONAL  CONVENTION  99 

The  Committee  on  Rules,  Contingent  Expenses,  and  Printing, 
after  giving  consideration  to  all  of  the  various  resolutions  intro- 
duced relating  to  the  subject  of  printing  and  distributing  of 
records  of  this  Convention,  do  hereby  jointly  recommend  that  the 
annexed  rules,  numbered  70  and  71,  be  adopted  by  this  Conven- 
tion in  lieu  of  rules  numbered  70  and  71  of  the  existing  rules  of 
the  Convention. 

John  Lord  O'Brian, 

For  the  Committee  on  Rules. 
Samuel  K.  Phillips, 

For  the  Committee  on  Contingent  Expenses. 
William  Berri, 

For  the  Committee  on  Printing. 

Rule  70.  There  shall  be  printed  as  of  course  and  without  any 
special  order  1,500  copies  of  the  Journal,  500  copies  of  the  Calen- 
dar, 2,500  copies  of  each  Proposed  Constitutional  Amendment,  and 
3,500  copies  of  each  report  and  minority  report  of  a  committee 
on  the  subject  of  constitutional  revision  or  amendment  in  which 
are  set  forth  the  reasons  for  their  recommendation,  to  be  printed 
as  documents;  500  copies  of  each  other  document  and  3,500  copies 
of  the  Record  of  the  proceedings  of  the  Convention. 

Rule  71.  The  printed  copies  provided  for  in  Rule  70  shall  be 
disposed  of  as  follows : 

There  shall  be  reserved  for  binding  1,200  copies  of  the  Journal, 
1,200  copies  of  the  reports,  1,200  copies  of  the  Record  of  the 
proceedings. 

The  copies  so  reserved  for  binding  shall  be  folded,  collated  and 
held  by  the  printer  until  the  close  of  the  Convention,  when  they 
shall  be  bound  as  directed  by  the  President  or  the  Convention,  and 
distributed  as  follows: 

To  each  member  of  the  Convention,  2  copies. 

To  the  State  Library,  5  copies. 

To  the  Legislative  Library,  5  copies. 

To  the  office  of  each  county  clerk,  1  copy. 

To  each  public  library  of  the  State,  1  copy. 

To  each  bar  association  of  the  State,  1  copy. 

To  each  college  and  university  of  the  State,  1  copy,  and  the 
remaining  copies  shall  be  distributed  as  designated  by  the  Presi- 
dent or  the  Convention. 

The  printed  copies  provided  for  in  Rule  70  and  not  reserved  for 
binding  shall  be  disposed  of  as  follows : 

One  copy  of  each  shall  be  placed  upon  the  file  of  each  member 
of  the  Convention,  and  one  additional  copy  shall  be  delivered  or 
mailed  to  each  member  as  he  shall  direct. 


100  JOURNAL  OF  THE 

Two  copies  of  each  shall  he  placed  in  the  Legislative  Library 
for  use  of  members  of  the  Convention. 

One  hundred  copies  shall  be  reserved  for  the  use  of  the  officers 
of  the  Convention,  the  State  Library,  the  Department  of  Educa- 
tion, the  Legislative  Index  Publishing  Company,  and  the  docu- 
ment room  reserve. 

Copies  of  the  proposed  constitutional  amendment,  of  the  reports, 
and  of  the  Record  shall  be  mailed  daily  to  daily  newspapers  and 
weekly  to  all  other  newspapers  and  to  each  public  library  of  the 
State,  each  bar  association  of  the  State,  each  law  school  of  the 
State,  each  college  and  university  of  the  State,  and  to  such  other 
institutions,  newspapers  and  individuals  as  shall  apply  therefor 
and  can  be  supplied  from  the  number  printed  not  necessary  for 
the  current  work  of  the  Convention. 

Two  copies  of  Proposed  Constitutional  Amendments  and  two 
copies  of  reports  for  each  member  of  the  committees  having  duty 
in  relation  thereto  shall  be  delivered  to  the  clerks  of  such 
committees. 

The  balance  of  printed  copies  provided  for  and  not  reserved  for 
binding  shall  be  distributed  in  the  order  of  application  therefor 
by  the  members  of  the  Convention. 

Mr.  Wiggins  moved  to  amend  Rule  71,  line  10,  by  striking  out 
*  2  "  and  inserting  "  4  ". 

Debate  was  had. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  J.  L.  O'Brian  submitted  the  following: 

The  Committee  on  Rules  recommends  the  adoption  of  the  fol- 
lowing resolution :  Resolved,  That  the  chairmen  of  committees  be 
requested  to  instruct  their  clerks  to  cause  as  early  notice  as  practi- 
cable of  hearings  and  meetings  to  be  filed  with  the  Secretary  of  the 
Convention,  and  that  the  Secretary  cause  a  consolidated  calendar 
of  such  hearings  and  meetings  to  be  posted  and  kept  posted  on  the 
bulletin  board,  showing  the  day  and  hour  and  place  and,  in  the 
case  of  hearings,  the  subject  thereof. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 


CONSTITUTIONAL  CONVENTION  101 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  presented 
the  following  report: 

The  Committee  on  Rules,  to  which  was  referred  the  resolution 
offered  by  Mr.  M.  Saxe  on  April  7,  1915,  respectfully  reports  as 
a  substitute  therefor  the  following  resolution,  and  recommends  its 
adoption : 

Whereas,  On  the  15th  day  of  June  next  occurs  the  Seven  Hun- 
dredth Anniversary  of  the  adoption  of  the  Great  Charter  of  English 
liberty ; 

Resolved,  That  this  Convention  commemorate  said  event  on  that 
day  by  appropriate  exercises ;  and, 

Resolved,  That  the  President  be  and  he  is  hereby  authorized  to 
appoint  a  committee  to  make  the  necessary  arrangements  therefor, 
with  authority  to  the  committee  to  use  the  Convention  chamber 
for  that  purpose  at  a  time  when  the  Convention  shall  not  be  in 
session. 

Debate  was  had. 

On  motion  of  Mr.  Schurman,  said  resolution  was  recommitted 
to  the  Committee  on  Rules. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  reported  in 
favor  of  the  adoption  of  said  resolution  amended  by  adding  thereto 
the  following: 

Resolved,  That  the  President  of  the  Convention  be  invited  to 
address  the  Convention  on  that  occasion. 

Mr.  Vice-President  Schurman  put  the  question  whether  the 
Convention  would  agree  to  said  resolution  as  amended,  and  it  was 
determined  in  the  affirmative. 

On  motion  of  Mr.  J.  L.  O'Brian,  the  Convention  adjourned. 


THURSDAY,  MAY  20,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  Wm.  E.  O'Connor. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Tuesday,  May 
18th,  was  approved. 

Mr.  President  announced  the  designation  of  Maurice  Rodesk 
legislative  correspondent  of  the  New  York  Jewish  Daily  News, 
pursuant  to  Rule  54. 


V  .     .      .         . 


102       '  .  JOURNAL  OF  THE 

»...„..,    .    .    -  - 

]\tr.  Marshall  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Governor  is  respectfully  requested,  if  in 
his  judgment  it  shall  seem  proper,  to  cause  a  report  to  be  pre- 
pared by  such  agency  as  he  may  select  and  to  transmit  the  same 
to  the  Convention  at  his  earliest  convenience,  with  respect  to  the 
following  matters: 

1.  The  number  of  prisoners  confined  in  the  several  State 
prisons,  reformatories  and  penitentiaries  of  the  State  on  Janu- 
ary 1,  1915. 

2.  The  number  of  applications  for  pardon  and  commutation 
of  sentence,  respectively,  filed  in  the  Executive  Department  dur- 
ing each  of  the  years  from  1900  to  1915. 

3.  The  number  of  pardons  and  commutations  of  sentence, 
respectively,  granted  or  refused  in  each  of  the  said  years. 

4.  The  number  of  applications  for  pardons  and  commutations 
of  sentence,  respectively,  pending  and  undetermined  in  the  Execu- 
tive Department  on  January  1,  1915. 

5.  The  number  of  applications  for  pardon  and  commutation  of 
sentence,  respectively,  filed  in  the  Executive  Department  since 
January  1,  1915. 

6.  The  number  of  applications  for  pardon  and  commutation 
of  sentence,  respectively,  disposed  of  and  the  disposition  made  of 
them  since  January  1,  1915. 

which  was  referred  to  the  Committee  on  Library  and  Informa- 
tion. 

Mr.  Quigg  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved  (1),  That  the  Legislature  should  be  composed,  as  at 
present,  of  two  houses. 

Resolved  (2),  That  it  is  undesirable  that  the  membership  of 
either  house  should  be  increased. 

Resolved  (3),  That  the  holding  of  annual  sessions  is  expedient. 

which  was  referred  to  the  Committee  on  Legislative  Organization. 
Mr.  Rodenbeck  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

AYhereas,  The  Constitution  in  its  present  form  is  wholly  lack- 
ing in  any  uniformity  in  capitalization,  the  same  words  appearing 
sometimes  in  the  same  section,  capitalized  and  uncapitalized,  and 
it  is  important  that  this  fundamental  document  should  be  as  per- 
fect grammatically  as  it  is  possible  to  make  it. 


CONSTITUTIONAL  CONVENTION  103 

Resolved,  That  in  the  revision  and  engrossment  of  the  Constitu- 
tion the  Committee  on  Revision  and  Engrossment  be  authorized 
and  directed  to  adopt  a  uniform  system  of  capitalization  and 
apply  the  same,  without  indicating  the  changes  made,  not  only 
to  amendments  proposed  to  the  Constitution,  but  to  sections  and 
parts  of  sections  to  which  no  amendments  are  proposed,  so  that 
the  entire  Constitution  may  be  uniform  in  this  respect. 

Said  resolution  giving  rise  to  debate,  ordered  that  the  same  be 
laid  upon  the  table. 

Mr.  Curran  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Whereas,  It  is  not  only  desirable  that  the  citizens  of  the  State 
should  be  advised  of  proposed  amendments  to  the  Constitution 
but  that  this  Convention  should  be  informed  of  any  suggestions 
that  any  citizen  of  the  State  desires  to  present  to  the  Convention 
for  its  consideration. 

Resolved,  That  the  heads  of  the  various  departments  and 
branches  of  the  State  government  and  of  the  political  subdivisions 
thereof,  and  all  other  public  officers  and  the  heads  of  educational 
and  financial  institutions,  labor  and  industrial  organizations  and 
the  public  generally  be  invited  to  present  through  their  respective 
representatives  in  this  Convention  suggestions  for  proposed  amend- 
ments to  the  Constitution  in  some  appropriate  manner  to  be  deter- 
mined by  the  Committee  on  Rules. 

Said  resolution  giving  rise  to  debate,  ordered  that  the  same  be 
laid  upon  the  table. 

The  Secretary  called  the  roll  by  districts  when  the  following 
propositions  were  introduced: 

By  Mr.  Coles:  "A  proposition  to  amend  Section  seventeen  of 
Article  VI  of  the  Constitution  by  providing  that  the  Legislature 
may  prescribe  qualifications  for  justices  of  the  peace"  (Int.  No. 
260),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Judiciary. 

By  Mr.  Weed  (by  request)  :  "A  proposition  to  amend  Article  I, 
Section  eight,  providing  for  compensation  for  private  property 
injured  by  public  U3e  "  (Int.  No.  261),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Bill  of  Rights. 

By  Mr.  Reeves  (by  request)  :  "A  proposition  to  amend  Article 
VI  of  the  Constitution,  relating  to  the  judiciary,  generally  "  (Int. 


104  JOURNAL  OF  THE 

No,  262),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Judiciary. 

By  Mr.  Heyman:  "A  proposition  to  amend  Section  nine  of 
Article  V  of  the  Constitution,  in  relation  to  removals"  (Int.  No. 
263),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Civil  Service. 

By  Mr.  Mann :  "A  proposition  to  amend  Section  two  of  Article 
VII,  relative  to  a  direct  tax  for  the  maintenance  and  conduct  of 
the  State  government"  (Int.  No.  264),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Taxation. 

Also,  "A  proposition  to  amend  Section  nine  of  Article  V,  rela- 
tive to  fixed  compensations  of  public  officials  within  the  civil 
service"  (Int.  No.  265),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Civil  Service. 

Also,  "A  proposition  to  amend  Section  twenty  of  Article  III, 
relative  to  legislative  appropriation  of  public  funds  for  private 
or  local  purposes  "  (Int.  No.  266),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  the  State  Finances, 
Revenues  and  Expenditures. 

Also,  "A  proposition  to  amend  Section  six  of  Article  I,  relative 
to  indictments  and  hearings,  and  relative  to  the  failure  of  defend- 
ants to  testify"  (Int.  No.  267),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Bill  of  Rights. 

Also,  "A  proposition  to  amend  Section  two  of  Article  I,  relative 
to  waiver  of  a  trial  by  jury  and  the  number  of  jurors  to  determine 
a  verdict"  (Int.  No.  268),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Bill  of  Rights.  A  printed 
copy  to  be  sent  to  the  Committee  on  Judiciary  with  authority  to 
report  such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Marshall :  "A  proposition  to  repeal  Section  five  of 
Article  IV  of  the  Constitution,  relating  to  the  pardoning  power 
of  the  Governor,  and  to  amend  sections  eleven  and  twelve  of  Arti- 
cle VIII  of  the  Constitution  so  as  to  provide  for  the  creation  of 
a  State  Board  of  Pardons,  and  the  transfer  to  it  of  the  pardoning 
power  now  vested  in  the  Governor"  (Int.  No.  269),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Prisons,  etc.,  and  the  Prevention  and  Punishment  of  Crime. 


CONSTITUTIONAL  CONVENTION  105 

By  Mr.  Parsons  (by  request)  :   "A  proposition  to  amend  Article 

V  of  the  Constitution,  in  relation  to  establishing  the  industrial 
board  and  prescribing  its  powers  and  duties "  (Int.  No.  270), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Industrial  Interests  and  Relations. 

By  Mr.  Donovan:  "A  proposition  to  amend  Article  II  of  the 
Constitution,  in  relation  to  compulsory  registration  and  voting" 
(Int.  No.  271),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Suffrage. 

By  Mr.  Vanderlyn  (by  request)  :  "A  proposition  to  amend  Sec- 
tion one  of  Article  XII  of  the  Constitution,  in  relation  to  funded 
debt  of  municipalities"  (Int.  No.  272),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Counties, 
Towns  and  Villages,  their  Organization,  Government,  etc. 

By  Mr.  Ostrander:  "A  proposition  to  amend  Section  twenty  of 
Article  VI  of  the  Constitution,  in  relation  to  fees  of  judicial 
officers"  (Int.  No.  273),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Fobes :  "A  proposition  to  amend  Section  seven  of  Article 

VI  of  the  Constitution,  with  relation  to  the  continuance  of  the 
Court  of  Appeals,  and  the  salaries  of  the  judges  thereof"  (Int. 
No.  274),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Judiciary. 

By  R.  B.  Smith :  "A  proposition  to  amend  Article  III,  Section 
seventeen  of  the  Constitution,  in  relation  to  references  in  a  bill 
to  existing  law"  (Int.  No.  275),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Legislative  Powers. 

By  Mr.  Schurman :  "A  proposition  to  amend  Article  III  of  the 
Constitution,  in  relation  to  the  compensation  of  the  Senate  and  the 
terms  of  its  members,  and  Section  one  of  Article  XIV,  in  relation 
to  constitutional  amendments"  (Int.  No.  276),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  The 
Legislature,  its  Organization,  etc.  A  printed  copy  to  be  sent  to 
the  Committee  on  Future  Amendments  and  Revisions  of  the  Con- 
stitution with  authority  to  report  such  opinions  thereon  as  it  may 
deem  advisable. 

By  Mr.  Rodenbeck:  "A  proposition  to  amend  Section  twenty- 
one  of  Article  VI  of  the  Constitution,  in  relation  to  the  publication 


106  JOURNAL  OF  THE 

of  rules  of  court  and  requiring  the  Legislature  to  provide  for  a 
classification  and  arrangement  of  the  law,  with  a  view  to  facilitat- 
ing the  examination  of  the  statutes  and  judicial  decisions"  (Int. 
No.  277),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Judiciary'. 

Also,  "A  proposition  to  amend  Section  two  of  Article  I  of  the 
Constitution,  in  relation  to  authorizing  the  Legislature  to  provide 
for  trial  without  a  jury  of  certain  actions  now  triable  by  a  jury  " 
(Int.  No.  278),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Bill  of  Rights.  A  printed  copy  to  be 
sent  to  the  Committee  on  Judiciary  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Lindsay  (by  request)  :  "A  proposition  to  amend  Article 
I,  Section  fifteen  of  the  Constitution  of  the  State  of  New  York, 
in  relation  to  courts  for  Indians  "  (Int  No.  279),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Relations 
to  the  Indians. 

By  Mr.  J.  L.  O'Brian :  "A  proposition  to  amend  the  Constitu- 
tion by  inserting  a  new  Article  XII  in  place  of  the  old  Article 
XII  of  the  Constitution,  in  order  to  regulate  legislation  concern- 
ing cities  and  villages  and  guarantee  to  them  the  right  of  munic- 
ipal self-government"  (Int.  No.  280),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Cities. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  presented  the 
following  report: 

The  Committee  on  Rules,  as  a  supplemental  report,  recom- 
mends the  adoption  of  the  following: 

Resolved,  That  Vivany  Moore  be  employed  by  this  Convention 
as  messenger  for  Vice-President  O'Brien  at  a  compensation  of 
$3  per  day. 

Resolved,  That  the  Secretary  be  instructed  to  notify  forthwith 
the  Superintendent  of  Public  Buildings  that  this  Convention 
requires  the  offices  of  the  Clerk  of  the  Senate  and  the  Financial 
Clerk  of  the  Senate  for  the  use  of  Vice-President  O'Brien. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 


CONSTITUTIONAL  CONVENTION  107' 

Mr.  S.  K.  Phillips,  from  the  Committee  on  Contingent  Ex- 
penses, presented  the  following  report: 

The  Committee  on  Contingent  Expenses  submits  for  the  infor- 
mation of  the  delegates  the  following  statement  and  estimate  of 
the  expenses  of  the  Convention  as  indicated  by  action  taken  prior 
to  and  including  this  date: 

Salaries  of  delegates $252,000  00 

Estimated  mileage 5,040  00 

Salaries  of  officers 85,339  00 

Printing   (estimated)    50,000  00 

Official  stenographer's  assistants,  etc.  (estimated) .        10,000  00 

Drinking  water 416  50 

Postage  and  express  (estimated) 8,500  00 

Stationery  supplies   (incurred) 8,170  49 

Stationery  supplies  (to  be  incurred) 10,000  00 

$429,465  99 

i 

Dated  May  19,  1915. 

Samuel  K.  Phillips, 

Chairman, 
Thomas  N.  Mulry, 
Alan  C.  Fobes, 
Severyn  B.  Sharpe, 
Gordon  Knox  Bell, 
Wm.  N.  Dykman, 
Charles  B.  Sears. 

On  motion  of  Mr.  Parsons,  a  copy  of  Proposed  Amendment  No. 
249,  Int.  No.  246,  was  ordered  sent  to  the  Committee  on  Industrial 
Interests  and  Relations  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Low,  a  copy  of  Proposed  Amendment  No.  146, 
Int.  No.  146,  was  ordered  sent  to  the  Committee  on  Cities  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  advisable. 

By  unanimous  consent,  Mr.  M.  J.  O'Brien  presented  the  report 
of  the  New  York  State  Constitutional  Convention  Commission, 
which  was  ordered  printed  as  a  document. 

Messrs.  Quigg,  Landreth  and  Wood  were  excused  from  the 
sessions  of  to-morrow. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


108  JOURNAL  OF  THE 


FRIDAY,  MAY  21,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  R.  H.  Brooks. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Wednesday,  May 
19th,  was  approved. 

Mr.  Haffen  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  The  Legislature,  its  Organiza- 
tion, etc.,  be  hereby  directed  to  study  and  examine  the  subjoined 
comparative  table  of  Assembly  district  apportionments  before  tak- 
ing final  action  on  the  question  of  reporting  proposal  number  174 
heretofore  referred  to  such  committee,  namely:  Comparative 
figures,  in  parallel  columns,  by  counties,  in  explanation  and  elucida- 
tion of  the  proposed  "apportionment  of  Assemblymen  and  the 
creation  of  Assembly  districts. 

Apportionment    of    Assemblymen;    Creation    of    Assembly 

Districts 

As  per  Section  five,  Article  three,  Constitution  of  the  State  of 
New  York  in  the  year  1894:    New  York,  35  ;  Kings,  21 ;  Queens, 
3 ;  Richmond,  1 ;  Broome,  2 ;  Erie,  8 ;  Monroe,  4 ;  Onondaga,  4 
Schenectady,    1 ;    Westchester,    3 ;    Albany,    4 ;    Cattaraugus,    2 
Cayuga,  2 ;  Oswego,  2 ;  Rensselaer,  3 ;  Allegany,  1 ;  Chautauqua 
2 ;  Chemung,  1 ;  Chenango,  1 ;  Clinton,  1 ;  Columbia,  1 ;  Cortland 
1 ;  Delaware,  1 ;  Dutchess,  2 ;  Essex,  1 ;  Franklin,  1 ;  Fulton  and 
Hamilton,  1 ;  Genesee,  1 ;  Greene,  1 ;  Herkimer,  1 ;  Jefferson,  2 
Lewis,  1 ;  Livingston,  1 ;  Madison,  1 ;  Montgomery,  1 ;  Niagara 
2 ;   Oneida,   3 ;   Ontario,   1 ;  Orange,  2 ;   Orleans,   1 ;   Otsego,   1 
Putnam,  1 ;  Rockland,  1 ;  St.  Lawrence,  2 ;  Saratoga,  1 ;  Schoharie 
1 ;  Schuyler,  1 ;  Seneca,  1 ;  Steuben,  2 ;  Suffolk,  2 ;  Sullivan,  1 
Tioga,  1 ;  Tompkins,  1 ;  Ulster,  2 ;  Warren,  1 ;  Washington,  1 
Wayue,  1 ;  Wyoming,  1 ;  Yates,  1 ;  Total,  150. 

As  per  Chapter  727  of  the  Laws  of  1907,  by  the  Legislature 
New  York,  35;  Kings,  23;  Queens,  4;  Richmond,  1;  Broome 
1 ;  Erie,  9 ;  Monroe,  5 ;  Nassau,  1 ;  Onondaga,  3 ;  Schenectady,  1 
Westchester,  4 ;  Albany,  3 ;  Cattaraugus,  1 ;  Cayuga,  1 ;  Oswego 
1 ;   Rensselaer,   2 ;   Allegany,   1 ;   Chautauqua,  2 ;   Chemung,   1 
Chenango,  1 ;  Clinton,  1 ;  Columbia,  1 ;  Cortland,  1 ;  Delaware 
1 ;  Dutchess,  2 ;  Essex,  1 ;  Franklin,  1 ;  Fulton  and  Hamilton,  1 
Genesee,  1 ;  Greene,   1 ;  Herkimer,   1 ;  Jefferson,  2 ;   Lewis,   1 
Livingston,  1 ;  Madison,  1 ;  Montgomery,  1 ;  Niagara,  2 ;  Oneida, 


CONSTITUTIONAL  CONVENTION  109 

3;  Ontario,  1;  Orange,  2;  Orleans,  1;  .Otsego,  1;  Putnam,  1; 
Rockland,  1 ;  St.  Lawrence,  2 ;  Saratoga,  1 ;  Schoharie,  1 ;  Schuy- 
ler, 1 ;  Seneca,  1 ;  Steuben,  2 ;  Suffolk,  2 ;  Sullivan,  1 ;  Tioga,  1 ; 
Tompkins,  1 ;  Ulster,  2 ;  Warren,  1 ;  Washington,  1 ;  Wayne,  1 ; 
Wyoming,  1;  Yates,  1;  Total,  150. 

As  per  Proposed  Amendment  of  Article  three,  Section  five,  of 
the  Constitution  of  1894,  introduced  as  No.  174,  by  Mr.  Haffen, 
in  Convention,  May  12,  1915:  New  York,  30;  Bronx,  9;  Kings, 
27 ;  Queens,  6 ;  Kichmond,  2 ;  Broome,  2 ;  Erie,  10 ;  Monroe,  6 ; 
Nassau,  2 ;  Onondaga,  4 ;  Schenectady,  2 ;  Westchester,  5  ;  Albany, 
3  ;  Cattaraugus,  1 ;  Cayuga,  1 ;  Oswego,  1 ;  Rensselaer,  2  ;  Allegany, 
1 ;  Chautauqua,  2 ;  Chemung,  1 ;  Chenango,  1 ;  Clinton,  1 ;  Colum- 
bia, 1 ;  Cortland,  1 ;  Delaware,  1 ;  Dutchess,  2 ;  Essex,  1 ;  Franklin, 
1 ;  Fulton  and  Hamilton,  1 ;  Genesee,  1 ;  Greene,  1 ;  Herkimer, 
1 ;  Jefferson,  2 ;  Lewis,  1 ;  Livingston,  1 ;  Madison,  1 ;  Mont- 
gomery, 1 ;  Niagara,  2  ;  Oneida,  3  ;  Ontario,  1 ;  Orange,  2  ;  Orleans, 
1 ;  Otsego,  1 ;  Putnam,  1 ;  Rockland,  1 ;  St.  Lawrence,  2 ;  Saratoga,, 
1 ;  Schoharie,  1 ;  Schuyler,  1 ;  Seneca,  1 ;  Steuben,  2  ;  Suffolk,  2  ; 
Sullivan,  1 ;  Tioga,  1 ;  Tompkins,  1 ;  Ulster,  2 ;  Warren,  1 ;  Wash- 
ington, 1 ;  Wayne,  1 ;  Wyoming,  1 ;  Yates,  1 ;  Total,  168. 

The  proposed  Assembly  representation  apportioned  as  above  is 
'based  upon  figures  computed  from  data  secured  from  the  latest 
censuses  of  the  Nation  and  the  State ;  the  number  of  Assemblymen 
given  to  each  county  is  founded  upon  the  ratio  of  population  of 
males  twenty-one  years  of  age  and  over,  excluding  aliens,  residing 
in  each  of  the  counties  of  the  State;  but  every  county,  except 
Hamilton,  is  to  have  at  least  one  representative  in  the  Assembly, 
notwithstanding  its  population;  the  idea  is  to  retain  the  lower 
house  of  the  Legislature  —  the  Assembly  —  as  a  popular  house; 
that  is,  to  preserve  to  the  people  of  each  county  the  constitutional 
right  of  their  direct  choice  in  the  selection  of  a  representative  or' 
representatives  residing  in  the  county  to  voice  their  views  on  local, 
as  well  as  general,  questions  affecting  their  interests. 

which  was  referred  to  the  Committee  on  The  Legislature,  its 
Organization,  etc. 

The  Secretary  called  the  roll  by  districts  and  the  following 
propositions  were  introduced : 

By  Mr.  Adams:  "A  proposition  to  amend  Section  nine  of 
Article  V  of  the  Constitution,  in  relation  to  employees  in  the  civil 
service  of  the  State"  (Int.  No.  281),  which  was  read  twice,, 
ordered  printed  and  referred  to  the  Committee  on  Civil  Service. 

By  Mr.  Mann:  "A  proposition  to  amend  Section  seven  of 
Article  I,  relative  to  restrictions  to  be  placed  upon  the  use  of  lands 


110  JOURNAL  OF  THE 

and  cities  "  (Int.  No.  282),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Bill  of  Rights.  A  printed  copy 
to  be  sent  to  the  Committee  on  Cities  with  authority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

Also,  "  A  proposition  to  amend  Section  twenty-four  of  Article 
III,  relative  to  the  imposition  of  taxes  and  enforcement  of  penal- 
ties "  (Int.  No.  283),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Taxation. 

Also,  "A  proposition  to  amend  Section  nine  of  Article  V,  rela- 
tive to  civil  service  employees"  (Int.  No.  284),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Civil 
Service. 

Also,  "A  proposition  to  amend  Section  one  of  Article  II,  rela- 
tive to  absent  electors  "  (Int.  No.  285),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Suffrage. 

By  Mr.  Parsons:  "A  proposition  to  amend  Sections  one,  four 
and  six  of  Article  II  of  the  Constitution  on  the  following  subjects: 
Providing  that  voters  may  only  vote  where  they  have  their  domi- 
cile ;  providing  that  registration  shall  take  place  one  hundred  and 
fifty  days  before  election ;  and  eliminating  the  requirement  of  bi- 
partisan boards  of  registration"  (Int.  No.  286),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Suffrage. 

By  Mr.  Meigs :  "A  proposition  to  amend  Section  one  of  Article 
II  of  the  Constitution,  in  relation  to  the  qualifications  of  electors  " 
(Int.  No.  287),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Suffrage. 

By  Mr.  R.  B.  Smith:  "A  proposition  to  amend  Article  III, 
Section  twenty-seven  of  the  Constitution,  in  relation  to  the  dele- 
gation by  the  Legislature  to  boards  of  supervisors  of  local  legis- 
lative powers"  (Int.  No.  288),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Counties,  Towns  and 
Villages^  their  Organization,  Government,  etc. 

Also,  "A  proposition  to  amend  Article  III,  Section  twenty-eight 
of  the  Constitution,  in  relation  to  the  granting  of  extra  compen- 
sation by  the  Legislature  and  other  legislative  bodies"  (Int.  No. 
289),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Legislative  Powers. 


CONSTITUTIONAL  CONVENTION  111 

Also,  "A  proposition  to  amend  Article  III  and  Article  IV,  Sec- 
Constitution,  in  relation  to  the  powers  of  each  house  of  the  Legis- 
lature "  (Int.  No.  290),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Legislative  Powers. 

Also,  "A  proposition  to  amend  Article  III  and  Article  IV,  Sec- 
tion four  of  the  Constitution,  in  relation  to  extraordinary  sessions 
of  the  Legislature  and  the  Assembly  "  (Int.  No.  291),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Legislative  Powers.  A  printed  copy  to  be  sent  to  the  Committee 
on  Governor,  and  Other  State  Officers,  etc.,  with  authority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Leggett:  "A  proposition  to  amend  Section  two  of 
Article  I  of  the  Constitution,  relating  to  trial  by  jury  "  (Int.  No. 
292),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Bill  of  Rights. 

Also,  "A  proposition  to  amend  Article  IV  of  the  Constitution 
by  inserting  an  additional  section  relating  to  appointments  by  the 
Governor  "  (Int.  No.  293),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Governor  and  Other  State 
Officers,  etc. 

By  Mr.  Tuck:  "A  proposition  to  amend  Section  six  of  Article 
III  of  the  Constitution  by  increasing  the  salaries  of  members  of 
the  Legislature  and  providing  for  the  payment  of  their  actual  ex- 
penses for  transportation  "  (Int.  No.  294),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  The  Legislature, 
its  Organization,  etc. 

Mr.  Wickersham,  from  the  Committee  on  Library  and  Informa- 
tion, presented  the  following  report: 

The  Committee  on  Library  and  Information,  to  which  was  re- 
ferred the  resolution  relative  to  obtaining  certain  information  from 
the  Secretary  of  State  as  to  the  number  of  electors  who  voted  at 
any  election  at  which  any  constitutional  amendment  or  amend- 
ments was  submitted  to  the  people,  introduced  by  Mr.  Dunmore 
May  11,  1915,  reports  that  the  information  requested  by  the  reso- 
lution is  to  be  found  in  the  Legislative  Manual  for  1915,  at  pages 
214  to  219,  inclusive,  and,  therefore,  in  the  opinion  of  the  com- 
mittee the  resolution  is  unnecessary. 

Jesse  S.   Phillips,   Chairman. 

which  report  was  agreed  to. 


112  JOURNAL  OF  THE 

Mr.  Wickersham,  from  the  Committee  on  Library  and  Informa- 
tion, presented  the  following  report : 

The  Committee  on  Library  and  Information,  to  which  was  re- 
ferred the  resolution  relative  to  obtaining  certain  information  from 
the  Comptroller  as  to  the  cost  of  the  legislative  branch  of  the  gov- 
ernment, from  the  year  1901  to  the  year  1915,  introduced  by  Mr. 
McKinney  May  7,  1915,  reports  that  the  information  requested 
by  the  resolution  is  to  be  found  in  the  annual  report  of  the  Comp- 
troller for  the  year  1915  and  preceding  years,  published  by  au- 
thority, to  which  reference  should  be  made,  and,  therefore,  in  its 
opinion  the  resolution  is  unnecessary. 

Jesse  S.   Phillips,   Chairman. 

which  report  was  agreed  to. 

Mr.  Wickersham,  from  the  Committee  on  Library  and  Informa- 
tion, presented  the  following  report: 

The  Committee  on  Library  and  Information,  to  which  was  re- 
ferred the  resolution  introduced  by  Mr.  Marshall  May  20,  1915, 
relative  to  obtaining  certain  information  from  the  Executive  De- 
partment as  to  the  number  of  pardons  and  commutations,  etc., 
reports  in  favor  of  the  adoption  of  said  resolution. 

Jesse   S.   Phillips,   Chairman. 

which  report  was  agreed  to. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution  by  Mr.  Marshall,  and  it  was  determined  in 
the  affirmative. 

Mr.  Wickersham,  from  the  Committee  on  Library  and  Informa- 
tion, presented  the  following  report: 

The  Committee  on  Library  and  Information,  to  which  was  re 
ferred  the  resolution  relative  to  obtaining  certain  information  from 
the  Attorney-General,  introduced  by  Mr.  Cobb  May  13r  1915  ;  and 
the  resolution  referring  to  the  same  subject,  introduced  by  Mr. 
Ostrander  May  18,  1915,  reports  that  it  has  considered  both  said 
resolutions  and  recommends  the  adoption  of  the  following  resolu- 
tion in  place  of  the  resolutions  above  mentioned : 

Jesse   S.   Phillips,   Chairman. 

Resolved,  That  the  Attorney-General  be  requested  to  furnish  to 
this  Convention,  with  all  convenient  speed,  the  following  informa- 
tion relative  to  matters  pending  before  the  Court  of  Claims : 

1.  The  number  of  claims  pending,  classified  by  the  years  in 
which  the  claims  were  filed. 


CONSTITUTIONAL  CONVENTION  113 

2.  The  amount  involved  in  the  claims  so  filed,  also  classified  by 
years. 

3.  The  number  of  claims  adjusted  without  recourse  to  the  Court 
of  Claims  or  Board  of  Claims  in  each  year  of  the  last  five  years. 

4.  The  total  amount  paid  by  the  State  in  satisfaction  of  claims 
in  each  year  of  the  last  five  years. 

5.  The  geographical  distribution  of  pending  claims,  stated  by 
counties. 

6.  A  classification  of  pending  claima  by  numbeT  and  amount 
involved,  showing: 

a.  Claims  arising  from  appropriations  made  by  the  State  in 
the  course  of  the  Barge  Canal  improvement. 

b.  Cases  on  contract  growing  out  of  the  Barge  Canal  improve* 
ment. 

Further  Resolved,  That  the  Clerk  of  the  Court  of  Claims  and 
the  Comptroller  be  and  are  hereby  requested  to  transmit  to  this 
Convention,  with  all  convenient  speed,  the  following  information 
relating  to  the  Courts  of  Claims  and  the  Boards  of  Claims  and  to 
matters  pending  and  disposed  of  therein,  during  each  of  the  ten 
years  last  past,  so  far  as  such  information  shall  be  of  record  in 
their  respective  offices,  viz. : 

1.  The  amount  of  salaries,  fees,  expenses  and  disbursements 
paid  to  all  judges,  attendants,  clerks,  stenographers  and  other  em- 
ployees, witnesses,  counsel  and  agents. 

2.  The  number  of  days  of  actual  sittings  of  such  Court  or  Board 
in  each  year. 

3.  The  number  of  cases  disposed  of  in  each  year  and  the  aggre- 
gate of  awards  made  in  each  year. 

4.  The  number  of  cases  disposed  of  in  each  year,  in  which  the 
award  was  $500  or  less  and  $200  or  less,  respectively,  and  the 
aggregate  of  such  awards  in  each  year. 

5.  The  number  of  times  the  name  of  such  Court  or  Board  has 
been  changed  during  said  year,  and  the  alleged  reasons  for  such 
changes. 

Further  Resolved,  That  the  Superintendent  of  Public  Works,  the 
State  Engineer  and  Surveyor  and  the  Attorney-General  transmit  to 
the  Convention,  at  their  earliest  convenience,  the  following  infor- 
mation relating  to  matters  pending  and  disposed  of  during  each  of 
the  ten  years  last  past,  before  the  Courts  of  Claims  and  the  Boards 
of  Claims,  so  far  as  such  information  shall  be  of  record  in  their 
respective  offices,  viz. : 

1.    The  amounts  paid  in  each  year  to  officers,  employees,  agents, 
investigators  and  representatives  of  such  departments,  respectively, 
for  services,  fees,  expenses  and  disbursements  in  relation  to  matters 
before  said  Courts  or  Boards. 
8 


114  JOURNAL  OF  THE 

2.  The  amounts  paid  or  incurred  for  services,  fees  and  ex- 
penses of  witnesses,  consulting  experts,  special  counsel  and  other- 
wise in  relation  to  matters  before  said  Courts  or  Boards. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Pursuant  to  resolution,  Mr.  President  announced  the  appoint- 
ment of  the  following  committee  to  make  the  necessary  arrange- 
ments for  the  celebration  of  the  Seven  Hundredth  Anniversary  of 
the  Adoption  of  the  Great  Charter  of  English  Liberty:  Messrs. 
M.  Saxe,  Gladding,  Qnigg,  M.  J.  O'Brien  and  Stanchfield. 

Mr.  Rhees  was  excused  from  to-day's  session. 

Mr.  Lindsay  was  excused  from  the  session  of  Tuesday  next. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


TUESDAY,  MAY  25,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Thursday,  May 
20th,  was  approved. 

Mr.  President  presented  the  communication  of  the  Madison 
County  Bar  Association,  which  was  referred  to  the  Committee  on 
Judiciary. 

Also,  the  communication  of  the  Society  of  Engineers  of  Eastern 
New  York,  which  was  referred  to  the  Committee  on  Governor 
and  Other  State  Officers,  etc. 

Also,  the  communication  of  the  New  York  Masonic  News 
Company,  which  was  referred  to  the  Committee  on  Cities. 

Mr.  President  presented  the  communication  of  the  clerk  of  the 
Court  of  Appeals  in  response  to  the  resolution  of  the  Convention 
transmitted  May  6th,  which  was  referred  to  the  Committee  on 
Judiciary. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  communication  of  the  Clerk  of  the  Court 


CONSTITUTIONAL  CONVENTION  115 

of  Appeals  in  response  to  the  resolution  of  May  6th  be  printed  as 
a  document  of  the  Convention. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

On  motion  of  Mr.  Low,  a  printed  copy  of  proposed  amendment 
(No.  275,  Int.  No.  272)  entitled  "  Proposed  constitutional  amend 
ment  to  amend  Section  one  of  Article  XII  of  the  Constitution,  in 
relation  to  funded  debt  of  municipalities/'  was  ordered  sent  to  the 
Committee  on  Cities  with  authority  to  report  such  opinions  thereon 
as  it  may  deem  advisable. 

Mr.  Parsons  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Suffrage  be  discharged  from 
the  further  consideration  of  proposed  amendment  (No.  289,  Int. 
No.  286)  entitled  "  Proposed  constitutional  amendment  to  amend 
Sections  one,  four  and  six  of  Article  II  of  the  Constitution  on  the 
following  subjects :  providing  that  voters  may  only  vote  where  they 
have  their  domicile;  providing  that  registration  shall  take  place 
one  hundred  and  fifty  days  before  election;  and  eliminating  the 
requirement  of  bi-partisan  boards  of  registration.' ' 

which  was  agreed  to. 

Said  proposed  amendment  having  been  announced,  on  motion 
of  Mr  Parsons,  the  same  was  ordered  reprinted  to  conform  to 
the  original  draft  and  recommitted  to  said  committee. 

Mr.  Eisner  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Whereas,  This  Convention  has,  by  resolution  duly  adopted,  fixed 
the  15th  day  of  June,  1915,  for  the  observation  of  the  Seven  Hun- 
dredth Anniversary  of  the  signing  of  Magna  Charta;  and, 

Whereas,  A  Committee  of  this  Convention  is  charged  with  the 
duty  of  making  necessary  and  proper  arrangements  for  the  said 
celebration;  and, 

Whereas,  It  is  most  fitting  that  the  distinguished  living  his- 
torian of  the  American  people  be  among  those  who  are  to  address 
the  Convention  on  said  occasion,  which  commemorates  an  event 
that  has  found  its  reflection  in  the  liberties  of  our  people;  now, 
therefore,  be  it 

Resolved,  That  the  Committee  of  this  Convention  in  charge  of 
the  arrangements  for  the  observation  of  the  Seven  Hundredth 
Anniversary  of  Magna  Charta  be  and  it  is  hereby  requested  re- 
spectfully to  invite  Woodrow  Wilson,  President  oi  the  United 
States,  to  address  this  Convention  on  the  said  occasion. 


116  JOURNAL  OF  THE 

which  was  referred  to  the  Committee  appointed  to  arrange  for  a 
fitting  celebration  of  the  Seven  Hundredth  Anniversary  of  the 
granting  of  the  Magna  Charta. 

Mr.  Griffin  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Library  and  Information 
ascertain,  as  speedily  as  possible,  from  the  commissioners  of  the 
sinking  fund  of  the  city  of  New  York  and  the  proper  authorities 
in  other  first  class  cities  in  the  State  of  New  York,  the  following 
information : 

1.  The  names  and  addresses  of  societies  receiving  fines,  penal- 
ties and  license  fees  pursuant  to  statutes  of  this  State. 

2.  The  amount  of  fines,  penalties  and  licenses  paid  to  each  of 
said  societies  during  the  last  fiscal  year. 

3.  The  statutes  of  this  State  under  which  said  fines,  penalties 
and  licenses  are  paid,  and  be  it  further 

Resolved,  That  the  said  information,  when  obtained  be  trans- 
mitted to  the  Committee  on  Legislative  Powers  and  the  Committee 
on  Taxation  and  be  printed  as  a  document  of  this  Convention. 

which  was  referred  to  the  Committee  on  Library  and  Informa- 
tion. 

Mr.  "Whipple  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Superintendent  of  Public  Buildings  be  re- 
quested to  make  the  necessary  arrangements  whereby  at  least  one 
of  the  elevators  of  the  Capitol  shall  run  each  evening,  except  Sun- 
day, until  ten  o'clock. 

which  was  referred  to  the  Committee  on  Rules. 

The  Secretary  called  the  roll  by  districts  when  the  following 
propositions  were  introduced: 

By  Mr.  Bannister:  "A  proposition  to  amend  Section  seven  of 
Article  VII  of  the  Constitution,  in  relation  to  the  prevention  of 
pollution  of  the  waters  of  the  State  "  (Int.  No.  295),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Conservation  of  Natural  Resources. 

By  Mr.  Brenner:  "A  proposition  to  amend  Section  twelve  of 
Article  I  of  the  Constitution,  abolishing  inchoate  right  of  dower  " 
(Int.  No.  206),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Bill  of  Rights. 

By  Mr.  M.   Saxe:    "A  proposition  to  amend  Section  nine  of 


CONSTITUTIONAL  CONVENTION  117 

Article  V  of  the  Constitution,  so  as  to  provide  for  a  system  of 
retirement  and  annuities  for  state  civil  service  employees"  (Int. 
No.  297),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Civil  Service. 

By  Mr.  Bernstein:  "A  proposition  to  amend  section  four  of 
Article  III  of  the  Constitution,  providing  for  enumerations  and 
reapportionments  and  for  an  equitable  apportionment  of  Senate 
districts  "  (Int.  No.  298),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  The  Legislature,  its  Organiza- 
tion, etc. 

Also,  "A  proposition  to  amend  Sections  one  and  two  of  Article 
III  of  the  Constitution,  so  as  to  provide  for  a  unicameral  Legis- 
lature, composed  of  a  Senate  of  one  hundred  members,  two  of 
whom  shall  be  elected  from  each  Senate  district "  (Int.  No.  299), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  The  Legislature,  its  Organization,  etc. 

By  Mr.  Dunlap  (by  request)  :  "A  proposition  to  amend  Ar- 
ticle VIII,  by  adding  a  new  section,  to  be  numbered  sixteen,  to 
provide  for  the  maintenance  and  support  of  the  State  Depart- 
ment of  Health  "  (Int.  No.  300),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Governor  and  Other 
State  Officers. 

By  Mr.  E.  N.  Smith:  "A  proposition  to  amend  Section 
eighteen  of  Article  VI  of  the  Constitution,  by  increasing  the 
jurisdiction  of  inferior  local  courts"  (Int.  No.  301),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Judiciary. 

By  Mr.  Gladding:  "A  proposition  to  amend  the  first  twelve 
sections  of  Article  VI  of  the  Constitution,  unifying  the  Court 
of  Appeals  with  the  Supreme  Court,  making  the  Court  of  Appeals 
a  division  of  the  Supreme  Court,  and  making  the  Supreme  Court 
in  fact  which  it  is  now  in  name  the  Supreme  Court  of  the  State  " 
(Int.  No.  302),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Judiciary. 

By  Mr.  E.  B.  Smith:  "A  proposition  to  amend  Section  twenty- 
four  of  Article  III  of  the  Constitution,  in  relation  to  bills  impos- 
ing a  direct  state-wide  tax"  (Int.  No.  303),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Legis- 


118  JOURNAL  OF  THE 

lative  Powers.  A  printed  copy  to  be  sent  to  the  Committee  on 
Taxation  with  authority  to  report  such  opinions  thereon  as  it 
may  deem  advisable. 

By  Mr.  Betts :  aA  proposition  to  amend  Section  nine  of  Article 
IV  of  the  Constitution,  in  relation  to  the  approval  of  bills  by 
the  Governor  after  adjournment  of  the  Legislature  (Int.  No.  304), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Governor  and  Other  State  Officers,  etc. 

By  Mr.  Kirby :  "A  proposition  to  amend  Section  six  of  Article 
I  of  the  Constitution,  permitting  judgment  to  be  pronounced  upon 
a  plea  of  guilty  before  a  committing  magistrate,  without  indict- 
ment in  certain  cases"  (Int.  No.  305),  which  was  read  twicer 
ordered  printed  and  referred  to  the  Committee  on  Bill  of  Rights. 
A  printed  copy  to  be  sent  to  the  Committee  on  Judiciary  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  advis- 
able. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


WEDNESDAY,  MAY  26,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  W.  H.  Stubblebine. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Friday,  May 
21st,  was  approved. 

Mr.  Wiggins  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  when  the  Convention  adjourns  on  Friday  of  this 
week,  that  it  adjourn  to  meet  on  Wednesday,  June  the  2d,  at 
12  m. 

Said  resolution  giving  rise  to  debate,  ordered  that  the  same  be 
laid  upon  the  table. 

On  motion  of  Mr.  Low,  a  printed  copy  of  proposed  amendment 
(No.  260,  Int.  No.  265)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  nine  of  Article  V,  relative  to  fixed  com- 
pensations of  public  officials  within  the  civil  service,"  was  ordered 


CONSTITUTIONAL  CONVENTION  119 

sent  to  the  Committee  on  Cities  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

The  Secretary  called  the  roll  by  districts  when  the  following 
propositions  were  introduced : 

By  Mr.  McKinney :  "A  proposition  to  amend  Section  three  of 
Article  VI  of  the  Constitution,  by  inserting  a  new  clause  relating 
to  the  power  of  the  courts  to  annul  acts  of  the  Legislature  "  (Int. 
No.  306),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Judiciary. 

By  Mr.  Ryan:  "A  proposition  to  amend  Section  seventeen  of 
Article  VI  of  the  Constitution,  in  relation  to  the  removal  and 
tenure  of  office  of  certain  local  judicial  officers  "  (Int.  No.  307), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary. 

By  Mr.  Reeves  (by  request)  :  "A  proposition  to  amend  the 
Constitution,  by  substituting  new  sections  in  Article  VI,  relating 
to  the  judicial  system  of  the  State,  generally"  (Int.  No.  308), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary. 

By  Mr.  Brenner:  "A  proposition  to  amend  Section  ten  of 
Article  VI  of  the  Constitution,  renominating  incumbents  of  office 
of  the  chief  justice  of  the  Court  of  Appeals,  the  judges  of  the 
Court  of  Appeals  and  justices  of  the  Supreme  Court "  (Int.  No. 
309),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Article  III  of  the  Constitution, 
in  relation  to  exemptions  from  jury  service"  (Int.  No.  310), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary, 

By  Mr.  Sargent:  "A  proposition  to  amend  Section  two  of 
Article  VI  of  the  Constitution,  in  relation  to  assignments  and 
rotation  of  justices  of  the  Supreme  Court "  (Int.  No.  311),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Judiciary. 

By  Mr.  Baldwin :  "A  proposition  to  amend  Article  VII,  Sec- 
tion seven  of  the  Constitution,  in  relation  to  the  use  by  or  sale  to 
a  municipal  corporation  for  water  supply  purposes  of  lands  of  the 
State  now  owned  or  hereafter  acquired"  (Int.  No.  312),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 


120  JOURNAL  OF  THE 

Conservation.  A  printed  copy  to  be  sent  to  the  Committee  on 
Cities  with  authority  to  report  such  opinions  thereon  as  it  may 
deem  advisable. 

By  Mr.  Low  (by  request)  :  "A  proposition  to  amend  Articles 
III,  X  and  XII  of  the  Constitution,  in  relation  to  the  powers  of 
local  government  of  counties,  cities  and  villages  "  (Int.  No.  313), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Cities.  A  printed  copy  to  be  sent  to  the  Committee 
on  Counties,  Towns  and  Villages,  their  Organization,  Govern- 
ment, etc.,  with  authority  to  report  such  opinions  thereon  as  it 
may  deem  advisable. 

By  Mr.  Wiggins:  "A  proposition  to  amend  Articles  III  and 
XII  of  the  Constitution,  in  relation  to  the  powers  of  city  authori- 
ties to  fix  the  compensation  and  define  the  powers  and  duties  of 
officers  and  employees  of  counties  wholly  within  the  city  "  (Int. 
No.  314),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Cities.  A  printed  copy  to  be  sent  to  the  Com- 
mittee on  Counties,  Towns,  and  Villages,  their  Organization,  Gov- 
ernment, etc.,  with  authority  to  report  such  opinions  thereon  as  it 
may  deem  advisable. 

By  Mr.  Barnes:  "A  proposition  to  amend  Article  III  of  the 
Constitution,  relating  to  the  powers  of  the  Legislature  "  (Int.  No. 
315),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Legislative  Powers. 

By  Mr.  Ostrander :  "A  proposition  to  amend  Article  VII  of  the 
Constitution,  by  adding  a  new  section  thereto  in  relation  to  de- 
termination of  claims  against  the  State"  (Int.  No.  316),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Judiciary. 

By  Mr.  Bunce:  "A  proposition  to  amend  Section  five  of  Arti- 
cle III  of  the  Constitution,  relative  to  the  apportionment  of  As- 
semblymen; creation  of  Assembly  districts"  (Int.  No.  317), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  The  Legislature,  its  Organization,  etc. 

By  Mr.  Meigs:  "A  proposition  to  amend  Article  III  of  the 
Constitution,  in  relation  to  abolishing  exemptions  from  local  taxa- 
tion and  providing  for  the  repayment  by  the  State  of  local  taxes 
hereafter  paid  on  property  which  would  be  exempt  under  present 


CONSTITUTIONAL  CONVENTION  121 

laws  "  (Int.  No.  318),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Taxation. 

By  Mr.  L.  M.  Martin :  aA  proposition  to  amend  Section  two  of 
Article  X  of  the  Constitution,  in  relation  to  the  appointment  of 
local  officers  and  to  legislation  affecting  such  officers"  (Int.  No. 
319),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  County,  Town  and  Village  Officers.  A  printed  copy 
to  be  sent  to  the  Committee  on  Cities  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Dunmore:  "A  proposition  to  amend  Section  twenty- 
three  of  Article  VI,  in  relation  to  abolishing  courts  of  special  ses- 
sions "  (Int.  No.  320),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Section  seven  of  Article  I  of  the 
Constitution,  in  relation  to  taking  private  property  for  public 
use"  (Int.  No.  321),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Bill  of  Rights.  A  printed  copy  to  be 
sent  to  the  Committee  on  Cities  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Ryan:  "A  proposition  to  amend  Section  seven  of 
Article  I  of  the  Constitution,  in  relation  to  laying  out,  opening, 
regulating  and  changing  the  grade  of  public  streets  or  roads  " 
(Int.  No.  322),  which  was  read  twTice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Bill  of  Rights.  A  printed  copy  to  be 
sent  to  the  Committee  on  Public  Utilities  with  authority  to  re- 
port such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Dunmore:  "A  proposition  to  amend  Section  twenty- 
one  of  Article  VI  of  the  Constitution,  in  relation  to  the  publica- 
tion and  distribution  of  statutes  "  (Int.  No.  323),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on 
Judiciary. 

Also,  "A  proposition  to  amend  Section  seventeen  of  Article 
III,  in  reference  to  the  time  legislative  acts  shall  take  effect" 
(Int.  No.  324),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Legislative  Powers. 

Also,  "A  proposition  to  amend  Section  one  of  Article  X,  in  rela- 
tion to  terms  of  the  office  of  sheriff"  (Int.  No.  325),  which  was 


122  JOURNAL  OF  THE 

read  twice,  ordered  printed  and  referred  to  the  Committee  on 
County,  Town  and  Village  Officers. 

By  Mr.  R.  B.  Smith :  "A  proposition  to  amend  Section  twenty- 
one  of  Article  III  of  the  Constitution,  in  relation  to  laws  appro- 
priating moneys  "  (Int.  No.  326),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Legislative  Powers.  A 
printed  copy  to  be  sent  to  the  Committee  on  the  State  Finances, 
Revenues  and  Expenditures  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

By  Mr.  Wadsworth:  "A  proposition  to  amend  Article  VIII, 
Sections  eleven,  twelve,  thirteen  and  fifteen,  in  relation  to  the 
State  Board  of  Charities,  providing  for  visiting  and  inspecting  of 
public  and  private  institutions  and  societies"  (Int.  No.  327), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Charities. 

Also,  "A  proposition  to  amend  Article  VIII  by  adding  thereto 
a  new  section,  known  as  section  sixteen,  creating  a  State  Commis- 
sion in  Lunacy"  (Int.  No.  328),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Charities.  A  printed 
copy  to  be  sent  to  the  Committee  on  Governor  and  Other  State 
Officers,  etc.,  with  authority  to  report  such  opinions  thereon  as  it 
may  deem  advisable. 

Also,  "A  proposition  to  amend  Article  VIII,  by  adding  thereto 
a  new  section,  known  as  section  seventeen,  creating  a  State  Com- 
mission of  Prisons  "  (Int.  No.  329),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Prisons,  etc.,  and  the 
Prevention  and  Punishment  of  Crime.  A  copy  to  be  sent  to  the 
Committees  on  Charities  and  Governor  and  Other  State  Officers, 
etc.,  with  authority  to  report  such  opinions  thereon  as  they 
may  deem  advisable. 

By  Mr.  Curran  (by  request)  :  "A  proposition  to  amend  Section 
three  of  Article  V  of  the  Constitution,  relative  to  the  election  of 
the  Superintendent  of  Public  Works  "  (Int.  No.  330),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Governor  and  Other  State  Officers,  etc.  A  printed  copy  to  be  sent 
to  the  Committee  on  Canals  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 


CONSTITUTIONAL  CONVENTION  123 

By  Mr.  Franchot  (by  request)  :  "A  proposition  to  amend  Arti- 
cle XII  of  the  Constitution,  relating  to  cities  and  villages,  so  as  to 
regulate  legislation  concerning  them  and  guarantee  to  them  the 
right  of  municipal  self-government "  (Int.  No.  331),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Cities.  A  printed  copy  to  be  sent  to  the  Committee  on  County, 
Town  and  Village  Officers  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

By  Mr.  O'Connor  (by  request)  :  "A  proposition  to  amend  Sec- 
tion one  of  Article  V  of  the  Constitution,  relative  to  the  election 
of  certain  officers  "  (Int.  No.  332),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Governor  and  Other 
State  Officers,  etc. 

By  unanimous  consent,  Mr.  Cullinan  offered  for  the  considera- 
tion of  the  Convention  a  resolution,  in  the  words  following : 

Kesolved,  That  the  Clerk  of  this  Convention  be  directed  to  fur- 
nish each  standing  committee  of  the  Convention  with  such  sta- 
tionery as  may  be  required  for  the  business  of  the  committee, 
which  stationery  shall  have  placed  thereon  the  title  of  the  com- 
mittee and  the  names  of  the  members  thereof. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  M.  Saxe,  from  the  Committee  in  charge  c !  the  Seven  Hun- 
dredth Anniversary  of  Magna  Charta,  presented  the  following 
report : 

Your  Committee  begs  leave  to  respectfully  submit  the  following 
report : 

The  hour  of  eight  o'clock  in  the  evening  of  June  15th  in  the 
Assembly  Chamber  has  been  fixed  for  the  holding  of  said  exercises. 

Invitations  to  address  the  Convention  on  that  occasion  have  been 
extended  to  the  President  of  the  United  States,  Mr.  Joseph  H. 
Choate,  Dr.  Nicholas  Murray  Butler,  Judge  Alton  B.  Parker, 
Judge  Edgar  M.  Cullen,  Judge  Charles  Andrews,  and  Mr.  Wil- 
liam D.  Guthrie. 

The  President  of  the  Convention  has  kindly  consented  to  pre- 
side and  address  us.  The  Committee  is  already  assured  of  the 
presence  of  Mr.  Choate,  Judge  Cullen,  Dr.  Butler  and  Mr. 
Guthrie,  and  expects  to  receive  favorable  responses  from  the  other 
invited  guests  very  shortly. 

It  was  decided  to  issue  no  formal  invitations  for  the  occasion  on 
account  of  the  limited  accommodations  of  the  xissembly  Chamber. 
The  press  will  kindly  take  notice  of  this  announcement  of  the 


124  JOURNAL  OF  THE 

time  and  place  for  the  holding  of  the  exercises.  A  special  notice 
of  the  same  will  be  sent  to  some  of  the  leading  colleges  and 
universities. 

Respectfully  submitted, 

Martin  Saxe, 

Chairman. 

Messrs.  Tuck  and  J.  L.  O'Brian  were  excused  from  the  sessions 
of  the  week. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


THURSDAY,  MAY  27,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  Joseph  Dunney. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Tuesday,  May 
25th,  was  approved. 

Mr.  Cullinan  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  State  Engineer  and  Surveyor  furnish  this 
Convention  with  a  statement  showing  the  localities  where  the  sur- 
plus waters  of  the  canals  of  the  State  were  used  by  persons,  as- 
sociations, corporations  or  others  for  the  development  of  water 
power,  prior  to  the  construction  of  the  Barge  canal  improvement, 
pursuant  to  the  terms  of  the  act  in  that  behalf  and  the  refer- 
endum approving  the  same;  and  what  moneys,  if  any,  were  paid 
or  contracted  to  be  paid  for  the  same. 

That  the  State  Engineer  and  Surveyor  furnish  this  Conven- 
tion with  a  statement  showing  the  localities  where  and  the  amount 
of  water  power  development  arising  out  of  the  construction  of  the 
Barge  canal  improvement,  together  with  the  names  of  the  persons, 
associations,  corporations  or  others  using  the  surplus  waters  of  the 
canal  for  the  development  of  water  power;  and  what  moneys  are 
being  paid  or  contracted  to  be  paid  for  the  same. 

which  was  referred  to  the  Committee  on  Library  and  Information. 
Mr.  Cullinan  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Canal  Board  furnish  this  Convention  with  a 
record  of  all  matters  and  transactions  with  reference  to  the  use 


CONSTITUTIONAL  CONVENTION  125 

or  lease  of  lands  of  the  State;  the  use  or  lease  of  the  surplus 
waters  of  the  canals;  all  transactions,  contracts  or  agreements 
involving  the  use,  lease  or  sale  of  the  surplus  waters  of  the  canals 
or  of  any  waterway  of  the  State  over  which  the  Canal  Board 
exercises  supervision  or  control  or  involving  the  development  of 
water  power  therefrom. 

which  was  referred  to  the  Committee  on  Library  and  Information. 
Mr.  Tanner  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  Legislative  Powers  be  dis- 
charged from  the  further  consideration  of  proposed  amendment 
(No.  210,  Int.  No.  209)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  nine  of  Article  IV  of  the  Constitution, 
in  relation  to  the  approval  of  bills  passed  by  the  Legislature,"  and 
that  the  same  be  referred  to  the  Committee  on  Governor  and 
Other  State  Officers,  etc. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Tanner,  printed  copies  of  proposed  amend- 
ments (No.  78,  Int.  No.  78)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  fifteen  of  Article  III  of  the  Con- 
stitution, relative  to  the  passage  of  bills  by  the  Legislature,  by 
striking  out  the  authorization  for  the  passage  of  bills  under 
emergency  messages  from  the  Governor." 

(No.  184,  Int.  No.  184)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  fifteen  of  Article  III  of  the  Con- 
stitution, prohibiting  the  introduction  in  the  Legislature  of  any 
bill  except  by  a  standing  or  select  committee  of  the  Legislature 
until  such  bill  has  been  approved  as  to  form  and  expression  by 
the  legislative  counsel." 

And  (No.  225,  Int  No.  223)  entitled "  Proposed  constitutional 
amendment  to  amend  Section  two  of  Article  V,  by  striking  out 
said  section  and  substituting  in  place  thereof  a  provision  giving 
the  Secretary  of  State,  Comptroller,  Treasurer,  Attorney-Gen- 
eral and  State  Engineer  and  Surveyor  seats  in  the  Legislature," 
heretofore  referred  to  the  Committee  on  Legislative  Powers,  were 
ordered  sent  to  the  Committee  on  Governor  and  Other  State  Offi- 
cers, etc.,  with  authority  to  report  such  opinions  thereon  as  it  may 
deem  advisable. 


126  JOURNAL  OF  THE 

On  motion  of  Mr.  Tanner,  printed  copies  of  proposed  amend- 
ments (No.  136,  Int.  No.  136)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  nine  of  Article  V  of  the  Constitu- 
tion, in  relation  to  civil  service  appointments  and  promotions." 

And  (No.  239,  Int.  No.  237)  entitled  "  Proposed  constitutional 
amendment  to  provide  a  new  section,  in  relation  to  civil  service," 
heretofore  referred  to  the  Committee  on  Civil  Service,  were 
ordered  sent  to  the  Committee  on  Governor  and  Other  State  Offi- 
cers, etc.,  with  authority  to  report  such  opinions  thereon  as  it  may 
tloem  advisable. 

On  motion  of  Mr.  Stimson,  a  printed  copy  of  proposed  amend- 
ment (No.  210,  Int.  No.  209)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  nine  of  Article  IV  of  the  Constitu- 
tion, in  relation  to  the  approval  of  bills  passed  by  the  Legislature," 
heretofore  referred  to  the  Committee  on  Legislative  Powers,  was 
ordered  sent  to  the  Committee  on  the  State  Finances,  Revenues 
and  Expenditures  with  authority  to  report  such  opinions  thereon 
as  it  may  deem  advisable. 

On  motion  of  Mr.  Stimson,  a  copy  of  proposed  amendment  (No. 
319,  Int.  No.  315)  entitled  "  Proposed  constitutional  amendment 
to  amend  Article  III  of  the  Constitution,  relating  to  the  powers 
of  the  Legislature,"  heretofore  referred  to  the  Committee  on 
Legislative  Powers,  was  ordered  sent  to  the  Committee  on  the 
State  Finances,  Revenues  and  Expenditures  with  authority  to 
report  such  opinions  thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Low,  a  printed  copy  of  proposed  amendment 
(No.  319,  Int.  No.  315)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Article  III  of  the  Constitution,  relating  to  the 
powers  of  the  Legislature,"  heretofore  referred  to  the  Committee 
on  Legislative  Powers,  was  ordered  sent  to  the  Committee  on 
Cities  with  authority  to  report  such  opinions  thereon  as  it  may 
deem  advisable. 

On  motion  of  Mr.  Parsons,  a  printed  copy  of  proposed  amend- 
ment (No.  319,  Int.  No.  315)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  III  of  the  Constitution,  relating  to 
the  powers  of  the  Legislature,"  heretofore  referred  to  the  Com- 
mittee on  Legislative  Powers,  was  ordered  sent  to  the  Committee 


CONSTITUTIONAL  CONVENTION  127 

on  Industrial  Interests  and  Eolations  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

The  Secretary  called  the  roll  by  districts  and  the  following 
propositions  were  introduced: 

By  Mr.  Coles:  "A  proposition  to  amend  Section  six  of  Article 
I  of  the  Constitution,  in  relation  to  holding  persons  to  answer  for 
capital  or  otherwise  infamous  crimes  "  (Int.  No.  333),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Bill  of  Rights. 

Also,  "A  proposition  to  amend  Section  twenty  of  Article  VI 
of  the  Constitution,  by  providing  that  no  judicial  officer  shall  re- 
ceive to  his  own  use  any  fees  or  perquisites  of  office"  (Int.  No. 
334),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Judiciary. 

By  Mr.  Buxbaum:  "A  proposition  to  amend  Section  five  of 
Article  III  of  the  Constitution,  in  relation  to  apportionment  of 
Assemblymen;  creation  of  Assembly  districts"  (Int.  No.  335), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Legislature,  its  Organization,  etc. 

By  Mr.  Steinbrink:  "A  proposition  to  amend  Section  two  of 
Article  VI  of  the  Constitution,  by  empowering  the  presiding  jus- 
tice of  each  Appellate  Division  to  make  temporary  designations 
of  justices  to  sit  in  the  Appellate  Division,  and  empowering  the 
Appellate  Division  to  modify  sentences  in  criminal  cases  "  (Int. 
No.  336),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Judiciary. 

By  Mr.  Bayes:  "A  proposition  to  amend  Article  VIII  of  the 
Constitution,  by  adding  a  new  section,  relating  to  the  liability  of 
stockholders  of  corporations  for  labor  performed  for  such  corpora- 
tion "  (Int.  No.  337),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Corporations. 

By  Mr.  A.  E.  Smith :  "A  proposition  to  amend  Article  III  of 
the  Constitution,  in  relation  to  appropriations  and  State  taxes  " 
(Int  No.  338),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  the  State  Finances,  Revenues  and 
Expenditures. 

Also,  "A  proposition  to  amend  Section  six  of  Article  VII  of 
the  Constitution,  in  relation  to  preventing  the  accrual  of  contract 


128  JOURNAL  OF  THE 

debts  against  the  State  unless  there  be  an  appropriation  available 
therefor"  (Int.  No.  339),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  the  State  Finances,  Revenues 
and  Expenditures. 

Also,  "A  proposition  to  amend  Article  VII  of  the  Constitution, 
in  relation  to  serial  bonds  to  provide  moneys  for  public  improve- 
ments hereafter  authorized"  (Int.  No.  340),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  the 
State  Finances,  Revenues  and  Expenditures.  A  printed  copy  to 
be  sent  to  the  Committee  on  Governor  and  Other  State  Officers, 
etc.,  with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

Also,  "A  proposition  to  amend  Article  V  of  the  Constitution, 
in  relation  to  departmental  estimates  as  a  basis  for  desired  appro- 
priations "  (Int.  No.  341),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  the  State  Finances,  Revenues 
and  Expenditures.  A  printed  copy  to  be  sent  to  the  Committee 
on  Governor  and  Other  State  Officers,  etc.,  with  authority  to  re- 
port such  opinions  thereon  as  it  may  deem  advisabla 

By  Mr.  Wagner :  "A  proposition  to  amend  Section  twenty-four 
of  Article  III  of  the  State  Constitution,  by  directing  the  State 
Comptroller  to  lessen  the  rate  of  taxation  in  cases  of  direct  tax  " 
(Int.  No.  342),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  the  State  Finances,  Revenues  and 
Expenditures.  A  printed  copy  to  be  sent  to  the  Committee  on 
Taxation  with  authority  to  report  such  opinions  thereon  as  it  may 
deem  advisable. 

By  Mr.  Tanner:  "A  proposition  to  amend  Section  nine  of 
Article  IV  of  the  Constitution,  in  relation  to  the  approval  of  bills 
passed  by  the  Legislature  "  (Int.  No.  343),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  the  State 
Finances,  Revenues  and  Expenditures.  A  printed  copy  to  be  sent 
to  the  Committee  on  Governor  and  Other  State  Officers,  etc.,  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  advisabla 

By  Mr.  Shipman:  "A  proposition  to  amend  Section  eleven  of 
Article  VIII  of  the  State  Constitution,  relating  to  boards  and 
commissions"  (Int.  No.  344),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Charities.     A  printed 


CONSTITUTIONAL  CONVENTION  129 

copy  to  be  sent  to  the  Committee  on  Governor  and  Other  State 
Officers,  etc.,  with  authority  to  report  such  opinions  thereon  as 
it  may  deem  advisable. 

By  Mr.  Wiggins:  "A  proposition  to  amend  Section  nine  of 
Article  VII  of  the  Constitution,  in  relation  to  tolls  for  navigating 
the  •canals"  (Int.  No.  345),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Canals. 

Also,  "A  proposition  to  amend  Section  two  of  Article  I,  by  pro- 
viding for  the  impanelling  of  additional  jurors  in  such  manner 
as  may  be  prescribed  by  the  Legislature  to  fill  vacancies  which  for 
any  cause  may  occur  prior  to  the  submission  of  the  case  to  the 
jury  "  (Int.  No.  346),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Bill  of  Bights.  A  printed  copy  to 
be  sent  to  the  Committee  on  Judiciary  with  authority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Heat  on:  "A  proposition  to  amend  Section  fifteen  of 
Article  VI  of  the  Constitution,  in  relation  to  surrogates  and  sur- 
rogates' courts,  their  powers  and  jurisdiction ;  providing  for  the 
continuance  of  such  officers  and  courts  and  the  enlargement  of 
their  powers  and  jurisdiction"  (Int.  No.  347),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Bunce:  "A  proposition  to  amend  Section  six  of  Article 
I  of  the  Constitution,  in  relation  to  the  public  uses  for  which 
private  property  may  be  taken  "  (Int.  No.  348),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Bill  of 
Rights.  A  printed  copy  to  be  sent  to  the  Committees  on  the  State 
Finances,  Revenues  and  Expenditures  and  Taxation  with  authority 
to  report  such  opinions  thereon  as  they  may  deem  advisable. 

By  Mr.  Angell :  "A  proposition  to  amend  Article  VI,  by  adding 
a  new  section  relating  to  claims  against  the  State  "  (Int.  No.  349), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary. 

Also,  "A  proposition  to  amend  Article  I,  Section  two,  relating 
to  trial  by  jury"  (Int.  No.  350),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Bill  of  Rights. 

By  Mr.  Wood :  "A  proposition  to  amend  Section  nine  of  Article 
V  of  the  Constitution,  in  relation  to  the  civil  service  "  (Int.  No. 
9 


130  JOURNAL  OF  THE 

351),  which,  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Civil  Service. 

By  Mr.  Rodenbeck:  "A  proposition  to  amend  Article  VI  of 
the  Constitution,  by  adding  a  new  section  to  be  known  as  Section 
nine-a  for  the  purpose  of  obviating  new  trials  by  conferring  upon 
the  appellate  courts  authority  to  take  evidence  and  exercise  such 
powers  as  may  be  necessary  to  effect  a  final  determination  of 
controversies"  (Int.  No.  352),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Franchot:  "A  proposition  to  amend  Section  one  of 
Article  II  of  the  Constitution,  by  providing  that  in  the  event  of 
the  approval  by  the  people  at  the  general  election  in  the  year 
one  thousand  nine  hundred  fifteen  of  the  amendment  to  said 
section  proposed  by  the  Legislature,  granting  the  right  of  suffrage 
to  women,  the  said  Section  one  of  Article  II  shall  be  amended 
as  set  forth  in  the  said  amendment  proposed  by  the  Legislature  " 
(Int.  No.  353),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Suffrage. 

By  Mr.  Kirby:  "A  proposition  to  amend  Section  six  of 
Article  I  of  the  Constitution,  permitting  the  taking  of  deposi- 
tions of  witnesses  without  the  State  on  an  indictment  charging  a 
felony"  (Int.  No.  354),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Bill  of  Bights. 

By  Mr.  A.  E.  Smith:  "A  proposition  to  amend  Article  III 
of  the  Constitution,  by  repealing  Section  five  of  such  article  and 
substituting  a  new  section  relating  to  Assembly  districts  and 
apportionment  of  members  of  Assembly"  (Int.  No.  355),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee 
on  The  Legislature,  its  Organization,  etc. 

By  Mr.  Angell:  "A  proposition  to  amend  Article  VII,  by 
adding  a  new  section  relating  to  highways "  (Int.  No.  356), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Public  Utilities.  A  printed  copy  to  be  sent  to  the 
Committee  on  the  State  Finances,  Revenues  and  Expenditures 
with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

By  Mr.  Brenner  (by  request)  :  "A  proposition  to  amend  Sec- 
tion five  of  Article  I  of  the  Constitution,  in  relation  to  arrest 


CONSTITUTIONAL  CONVENTION  131 

in  civil  actions  "  (Int.  No.  357),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Bill  of  Rights.  A 
printed  copy  to.  be  sent  to  the  Committee  on  Judiciary  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  ad- 
visable. 

Mr.  S.  K.  Phillips,  from  the  Committee  on  Contingent  Ex- 
penses, presented  the  following  report: 

The  Committee  on  Contingent  Expenses  reports  back  the  reso- 
lution offered  by  Mr.  Wickersham  May  25,  1915,  providing  that 
a  communication  from  the  Clerk  of  the  Court  of  Appeals  in 
answer  to  a  resolution  of  the  Convention  transmitted  May  6, 
1915,  shall  be  printed  as  a  document,  with  the  recommendation 
that  it  be  adopted,  which  report  was  agreed  to. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  6.  K.  Phillips,  from  the  Committee  on  Contingent  Ex- 
penses, presented  the  following  report: 

The  Committee  on  Contingent  Expenses  reports  back  the  reso- 
lution offered  May  26,  1915,  by  Mr.  Cullinan,  providing  for  a 
supply  of  stationery  to  the  standing  committees  of  the  Con- 
vention, with  the  recommendation  that  the  Secretary  be  author- 
ized to  provide  and  apportion  not  to  exceed  one  hundred  (100) 
reams  of  Convention  letter  paper  and  necessary  envelopes,  with 
the  title  of  the  committee  and  the  names  of  the  members  on  the 
letter  paper,  the  title  of  the  committee  only  on  the  envelopes,  at 
an  additional  expense  for  the  extra  printing  of  not  to  exceed  two 
hundred  dollars  ($200),  which  report  was  agreed  to. 

Mr.  J.  S.  Phillips,  from  the  Committee  on  Library  and  In- 
formation, to  which  was  referred  the  resolution  introduced  by 
Mr.  Griffin  May  25,  1915,  relating  to  the  subject  of  obtaining 
certain  information  in  reference  to  the  payment  of  fines,  penal- 
ties and  license  fees  to  certain  societies  in  the  city  of  New  York, 
reports  that  it  has  considered  said  resolution  and  recommends 
the  adoption  of  the  following  amended  resolution: 

Resolved,  That  the  commissioners  of  the  sinking  fund  of  the 
city  of  New  York  be  requested  to  furnish  to  the  Secretary  of 
this  Convention  the  names  and  addresses  of  the  societies  to  which 
payment  is  made  by  the  city  of  New  York  of  fines  received  as 
penalties  for  infractions  of  the  law,  and  what  amounts  were  paid 


132  JOURNAL  OF  THE 

during-  the  year  1914  by  the  city  of  New  York  and  the  pro- 
visions of  the  law  pursuant  to  which  such  payments  were  made. 
Also  a  statement  of  the  societies  to  whom  the  city  paid,  either 
in  whole  or  part,  the  amounts  received  as  license  fees. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  11.  J.  O'Brien  presented  the  supplemental  report  of  the 
Constitutional  Convention  Commission,  which  was  ordered 
printed  as  a  Convention  document. 

Mr.  Barnes,  from  the  Committee  on  Legislative  Powers,  to 
which  was  referred  proposed  amendment  introduced  by  Mr.  R. 
B.  Smith  (No.  293,  Int.  No..  290),  entitled  "Proposed  consti- 
tutional amendment  to  amend  Section  ten  of  Article  III  of  the 
Constitution,  in  relation  to  the  powers  of  each  House  of  the 
Legislature,"  reported  the  same  with  the  following  amendment: 

Pages  1  and  %  after  "  [Governor]  "  strike  out  balance  of 
section  and  insert  in  place  thereof  the  following:  "If  the  Lieu- 
tenant-Governor be  Governor,  the  Temporary  President  shall  be 
Lieutenant-Governor  for  the  residue  of  the  term.  If  the  Lieu- 
tenant-Governor be  impeached  or  be  unable  to  discharge  the 
duties  of  the  office  or  be  Acting  Governor,  the  Temporary  Presi- 
dent shall  act  as  Lieutenant-Governor  during  such  impeachment 
or  inability  or  while  the  Lieutenant-Governor  is  Acting  Governor. 
If  the  Lieutenant-Governor  refuse  to  act  as  President  or  be  absent 
from  the  chair,  the  Temporary  President  shall  preside.  If  the 
Speaker  of  the  Assembly  be  unable  to  perform  the  duties  of  the 
office  or  be  Acting  Governor,  the  Assembly  may  choose  a  tempo- 
rary Speaker  who  shall  act  as  Speaker  during  such  inability  or 
while  the  Speaker  is  Acting  Governor  or  until  a  Speaker  is 
chosen."" 

And  requests  that  said  proposition  be  recommitted  to  said 
committee,  which  report  was  agreed  to,  and  said  proposition 
ordered  reprinted  and  recommitted  to  said  committee. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Con- 
vention a  resolution,  in  the  words  following: 

Resolved,  That  this  Convention  tenders  to  the  Hon.  Charles 
Andrews,  ex-chief  judge  of  the  Court  of  Appeals,  its  hearty  con- 
gratulations upon  the  attainment  by  him  this  day  of  the  age  of 
eighty-eight  years,  and  expresses  its  earnest  wish  that  he  may 
long  continue  to  enjoy  good  health  and  full  intellectual  vigor. 


CONSTITUTIONAL  CONVENTION  1&3 

Mr.  President  put  the  question  whether  the  Convention  -would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Wickersham,  the  Secretary  -was  instructed 
to  telegraph  said  resolution  to  Judge  Andrews. 

Mr.  "Wiggins  moved  to  take  from  the  tahle  his  resolution  of 
May  26th,  in  relation  to  adjourning  over  Tuesday  next,  laid 
upon  the  table  under  the  rule,  whieh  was  agreed  to. 

Said  resolution  having  been  announced,  Mr.  Parsons  moved 
to  amend  by  striking  out  IS  o'clock,  noon,  and  inserting  "10 

O'clock  A.    M." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

Mr.  President  then  put  the  question  whether  the  Convention 
would  agree  to  said  resolution,  and  it  was  determined  in  the 
affirmative. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


FRIDAY,   MAY  28,   1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Wednesday,  May 
26th,  was  approved. 

Mr.  President  presented  the  communication  of  the  Albany  So- 
ciety of  Civil  Engineers,  which  was  referred  to  the  Committee 
on  Governor  and  Other  State  Officers,  etc. 

Also,  the  communication  of  the  South  Bronx  Property  Owners 
Association,  which  was  referred  to  the  Committee  on  Governor 
and  Other  State  Officers,  etc. 

Mr.  Stimson  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Eesolved,  That  whenever  the  attendance  of  witnesses  who  re- 
side out  of  the  State  of  New  York  is  desired  by  any  standing  com- 
mittee, the  Committee  on  Contingent  Expenses  shall  have  power 
in  its  discretion  to  authorize  the  payment  of  the  traveling  ex- 
penses of  such  witnesses. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 


134  JOURNAL  OF  THE 

On  motion  of  Mr.  Tanner,  a  printed  copy  of  proposed  amend- 
ment (No.  121,  Int.  No.  121)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  seven  of  Article  VII,  by  adding  a 
new  subsection,  in  relation  to  the  creation  of  a  Fish  and  Game 
Commission,"  was  ordered  sent  to  the  Committee  on  Conserva- 
tion of  Natural  Resources,  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

Mr.  Tanner  moved  that  certain  provisions  of  proposed  amend- 
ment (No.  129,  Int.  No.  129)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  V  of  the  Constitution,  by  adding 
thereto  a  new  section  providing  for  the  appointment  of  a  Conserva- 
tion Commissioner  and  prescribing  his  duties,"  be  referred  to  the 
Committee  on  Governor  and  Other  State  Officers,  etc. 

Ordered,  That  said  motion  stand  over  for  one  day. 

Mr.  Tanner  moved  that  certain  provisions  of  proposed  amend- 
ment (No.  154,  Int.  No.  154)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  seven  of  Article  VII  of  the  Consti- 
tution, relating  to  Forest  Preserve,  to  mature,  dead  and  fallen  tim- 
ber, roads,  trails  and  camp  sites,  and  to  the  appointment  of  a  Com- 
missioner of  the  Forest  Preserve,"  be  referred  to  the  Committee 
on  Governor  and  Other  State  Officers,  etc. 

Ordered,  That  said  motion  stand  over  for  one  day. 

Mr.  Tanner  moved  that  certain  provisions  of  proposed  amend- 
ment (No.  10,  Int.  No.  10)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  seven  of  Article  VII  of  the  State 
Constitution,"  be  referred  to  the  Committee  on  Governor  and 
Other  State  Officers,  etc. 

Ordered,  That  said  motion  stand  over  for  one  day. 

Mr.  Tanner  moved  that  certain  provisions  of  proposed  amend- 
ment (No.  25,  Int.  No.  25)  entitled  "  Proposed  constitutional 
amendment  to  Section  seven,  Article  VII  of  the  Constitution, 
relating  to  the  Forest  Preserve,  relating  to  dead  timber,  roads, 
trails  and  camp  sites,  and  to  the  Commissioner  of  the  Conserva- 
tion Commission,"  be  referred  to  the  Committee  on  Governor  and 
Other  State  Officers,  etc. 

Ordered,  That  said  motion  stand  over  for  one  day. 

Mr.  Tanner  moved  that  certain  provisions  of  proposed  amend- 
ment  (No.  71,  Int.  No.  71)   entitled  "  Proposed  constitutional 


CONSTITUTIONAL  CONVENTION  135 

amendment  to  amend  Section  seven  of  Article  VII  of  the  State 
Constitution,  relating  to  the  conservation  of  natural  resources," 
be  referred  to  the  Committee  on  Governor  and  Other  State  Of- 
ficers, etc. 

Ordered,  That  said  motion  stand  over  for  one  day. 

Mr.  Tanner  moved  that  certain  provisions  of  proposed  amend- 
ment (No.  208,  Int.  No.  207)  entitled  "Proposed  constitutional 
amendment  to  amend  Section  seven  of  Article  VII  of  the  Consti- 
tution, relative  to  the  lands  constituting  the  Forest  Preserve," 
be  referred  to  the  Committee  on  Governor  and  Other  State  Of- 
ficers, etc. 

Ordered,  That  said  motion  stand  over  for  one  day. 

Mr.  Austin  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Legislative  Powers  be  dis- 
charged from  the  further  consideration  of  proposed  amendment 
(No.  78,  Int.  No.  78)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  fifteen  of  Article  III  of  the  Constitution, 
relative  to  the  passage  of  bills  by  the  Legislature,  by  striking  out 
the  authorization  for  the  passage  of  bills  under  emergency  mes- 
sages from  the  Governor." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr, 
Austin,  the  same  was  amended  as  follows : 

Page  1,  line  6,  strike  out  the  bracket  after  the  word  "  passage  ". 

Page  1,  line  8,  strike  out  the  bracket  after  the  word  "  state  " 
and  insert  in  place  of  the  bracket  and  after  the  word  "  state  "  in 
italics,  the  following  new  matter :  "  in  which  case  such  bill  may  be 
passed  after  it  shall  have  been  printed  and  upon  the  desks  of  the 
members,  in  its  final  form,  one  legislative  day  ". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.   Barnes  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Legislative  Powers  be  dis- 
charged from  the  further  consideration  of  proposed  amendment 
(No.  319,  Int.  No.  315)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Article  III  of  the  Constitution,  relating  to  the 
powers  of  the  Legislature." 

which  was  agreed  to. 


136  JOURNAL  OF  THE 

Said  proposition  .having  been  announced,  on  motion  of  Mr. 
Barnes,  the  same  was  amended  as  follows : 

Line  1,  after  the  word  "  adding  "  insert  the  word  "  thereto  ". 

Line  2,  strike  out  the  word  "  thereto  "  and  insert  in  place 
thereof  "  to  be  appropriately  numbered,". 

Line  3,  insert  beginning  of  line  "  .§  .  .  . ..  ^  .  .  .  "„  Also,  strike  out 
period  after  the  word  "  bill  "  and  insert  semicolon. 

Also,  strike  out  "  §  30." 

Line  3,  make  a  new  paragraph  beginning  with  the  word 
*  Granting  » 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

Mr.  Brackett  moved  to  amend  the  resolution  of  April  27th  in- 
structing the  Secretary  to  invite  clergymen  to  open  the  sessions 
of  the  Convention  with  prayer  by  .striking  out  the  words  "  the 
city  of  Albany  "  and  inserting  the  words  "  this  vicinity  ". 

Ordered,  That  said  motion  stand  over  for  one  day. 

The  Secretary  called  the  roll  by  districts  and  the  following 
propositions  were  introduced : 

By  MQr.  Wagner;  "A  proposition  to  amend  Section  six  of  Ar- 
ticle I  of  the  Constitution,  in  relation  to  the  rights  of  labor  "  (Ink 
No.  358),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Bill  of  Rights.  A  printed  copy  to  be  sent 
to  the  Committee  on  Industrial  Interests  and  Relations  with  au- 
thority to  report  such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Wickersham:  "A  proposition  to  amend  Section  two 
of  Article  YI  of  the  Constitution,  by  adding  at  the  .end  thereof 
a  paragraph  in  relation  to  &  standing  commission  am.  rules  of  pro- 
cedure in  the  courts  of  the  State"  (Int.  No.  -359),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Judiciary. 

By  Mr.  Tanner:  "A  proposition  to  amend  Section  nine  of 
Article  IV  of  the  Constitution,  by  extending  the  time  in  which 
the  Governor  may  approve  bills  after  adjournment"  (Int.  No. 
360),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Governor  and  Other  State  Officers,  etc. 

By  Mr.  Low  (by  request)  :  "A  proposition  to  amend  Article  II 
of  the  Constitution,  in  relation  to  the  'election  of  municipal  of- 
ficers "   (Int.  No.   361),  which  was  read  twice,  ordered  printed 


CONSTITUTIONAL  CONVENTION  137 

and  referred  to  the  Committee  on  Cities.  A  printed  copy  to  be 
sent  to  the  Committee  on  Counties,  Towns  and  Villages,  their 
Organization,  Government,  etc.,  and  to  the  Committee  on  Suffrage 
with  authority  to  report  such  opinions  thereon  as  they  may  deem 
advisable.. 

By  Mr.  Austin:  "A  proposition  to  amend  Article  VII,  Section 
two  of  the  Constitution,  relative  to  the  powers  of  the  State  to 
borrow  moneys  in  anticipation  of  revenues,  or  of  the  sale  of  bonds 
duly  authorized  by  law"  (Int.  No..  362),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  the  State 
Finances,  Revenues  and  Expenditures. 

Also,  "A  proposition  to  amend  Article  V,  Section  five  of  the 
Constitution,,  by  abolishing  the  Commissioners  of  the  Canal  Fund, 
and  providing  that  the  duties  of  said  Commissioners  shall  devolve 
upon  the  Comptroller "  (Int.  No.  363),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Canals.  A 
printed  copy  to  be  sent  to  the  Committee  on  Governor  and  Other 
State  Officers,  etc.,  and  to  the  Committee  on  the  State  Finances, 
Revenues  and  Expenditures  with  authority  to  report  such  opin- 
ions thereon  as  they  may  deem  advisable* 

Also,  "A  proposition  to  amend  Article  V,  Section  three  of  the 
Constitution,  relative  to  assistant  superintendents  and  employees 
in  the  office  of  the  Superintendent  of  Public  Works  "  (Int.  No. 
364),  which  was  read  twice,,  ordered  printed  and  referred  to  the 
Committee  on  Governor  and  Other  State  Officers,  etc. 

By  Mr.  Bunce:  "A  proposition  to  amend  Section  seventeen 
of  Article  VI  of  the  Constitution,  relative  to  justices  of  the  peace, 
by  limiting  the  number  of  them  that  shall  be  elected  "  (Int.  No. 
365),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Judiciary. 

By  Mr.  Maoideville :  "A  proposition  to  amend  Sections  eleven, 
thirteen  and'  fifteen  of  Article  VIII  of  the  Constitution,  and  to 
repeal  Section  twelve  of  Article  VIII  and  Section  four  of  Article 
V  of  the  Constitution,  relative  to  the  establishment  of  a  State 
Board  of  Charities  and  Corrections,  and  the  appointment  and 
powers  and  duties  of  such  board"  (Int.  No.  366),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Governor  and  Other  State  Officers,  etc.     A  printed  copy  to  be 


138  JOURNAL  OF  THE 

sent  to  the  Committee  on  Charities  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Sears  (by  request) :  "A  proposition  to  amend  Section 
eighteen,  Article  VI  of  the  Constitution,  to  provide  for  the  estab- 
lishment of  uniform  courts  of  limited  jurisdiction  in  all  the  cities 
of  the  State,  except  the  city  of  New  York  "  (Int.  No.  367),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee 
on  Judiciary. 

Also,  aA  proposition  to  amend  Section  six  of  Article  I  of  the 
Constitution,  in  relation  to  criminal  cases  so  as  to  provide  for 
trial  upon  information  of  a  district  attorney  in  certain  cases" 
(Int.  No.  368),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Bill  of  Bights.  A  printed  copy  to 
be  sent  to  the  Committee  on  Judiciary  with  authority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Section  two  of  Article  I  of  the 
Constitution,  in  relation  to  the  waiver  by  trial  by  jury  in  crim- 
inal cases  "  (Int.  No.  369),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Bill  of  Rights.  A  printed  copy 
to  be  sent  to  the  Committee  on  Judiciary  with  authority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Dow :  "A  proposition  to  amend  Section  seven  of  Article 
VII,  generally,  in  relation  to  the  forests  and  waters  of  the  State  " 
(Int.  No.  370),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Conservation  of  Natural  Resources. 

By  unanimous  consent,  Mr.  Wickersham  offered  for  the  con- 
sideration of  the  Convention  a  resolution,  in  the  words  following: 

Resolved,  That  the  title  of  the  office  of  assistant  sergeant-at- 
arms,  created  by  resolution  heretofore  adopted,  be  changed  to  that 
of  special  executive  secretary ;  and  be  it  further 

Resolved,  That  Maurice  Bloch  be  and  is  hereby  appointed  to  the 
position  of  special  executive  secretary  at  the  same  compensation  as 
that  provided  for  the  assistant  sergeant-at-arms,  namely:  $5.00 
per  day. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 
On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION  139 


WEDNESDAY,  JUNE  2,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Thursday,  May 
27th,  was  approved. 

Mr.  President  presented  the  memorial  of  the  Triumph  Hose 
Company,  which  was  referred  to  the  Committee  on  Civil  Service. 

Also,  the  communication  of  Mr.  William  S.  Myers,  which  was 
referred  to  the  Committee  on  Suffrage. 

Also,  the  memorial  of  the  New  York  Society  of  Friends,  which 
was  referred  to  the  Committee  on  Militia  and  Military  Affairs. 

Also,  the  communication  of  the  Empire  State  Campaign  Com- 
mittee, which  was  referred  to  the  select  committee  appointed  to 
arrange  for  the  celebration  of  the  seven  hundredth  anniversary 
of  Magna  Charta. 

Mr.  Baldwin  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  Bill  of  Rights  be  discharged 
from  the  further  consideration  of  proposed  amendment  (No.  251, 
Int.  No.  248)  entitled  "  Proposed  constitutional  amendment  to 
amend  section  six  of  Article  I  of  the  Constitution,  in  relation  to 
the  public  uses  for  which  private  property  may  be  taken." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Baldwin,  the  same  was  amended  as  follows: 

In  the  second  line  of  the  title  strike  out  "  the  "  before  "  public  " 
and  insert  "  certain  ". 

Page  1,  line  4,  strike  out  the  bracket  and  insert  initial  paren- 
thesis "  (  ".     ' 

Page  1,  line  8,  strike  out  the  bracket  and  insert  closing  paren- 
thesis "  )  ". 

Page  2,  lines  5,  G,  1  and  8,  strike  out  the  italicized  matter  and 
insert  in  italics  "  The  development  of  water  power  and  the  trans- 
mission of  electricity,  or  either,  shall  be  included  in  public  uses 
for  which  private  property  may  be  taken. " 

Ordered,  Reprinted  and  recommitted  to  said  committee. 


140  JOURNAL  OF  THE 

On  motion  of  Mr.  Tanner,  printed  copies  of  Proposed  Amend- 
ments (No.  10,  Int.  No.  10)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  seven  of  Article  VII  of  the  State 
Constitution." 

(No.  25,  Int.  No.  25)  entitled  "  Proposed  constitutional  amend- 
ment to  Section  seven,  Article  VII  of  the  Constitution,  relating  to 
the  Forest  Preserve,  relating  to  dead  timber,  roads,  trails  and 
camp  sites,,  and  to  the  Commissioner  of  the  Conservation  Com- 
mission." 

(No.  71,  Int.  No.  71)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  seven  of  Article  VII  of  the  iState  Constitu- 
tion, relating  to  the  conservation  of  natural  resources." 

(No.  129,  Int..  No.  129)  entitled  "Proposed  constitutional 
amendment  to  amend  Article  five  of  the  Constitution,  by  adding 
thereto  a  new  section  providing  for  the  appointment  of  a  Conser- 
vation Commissioner  and  prescribing  his  duties." 

(No.  154,  Int.  No.  154)  entitled  "  Proposed  constitutional 
amendment  to  amend  .Section  seven  of  Article  VII  of  the  Consti- 
tution, relating  to  Forest  Preserve,  to  mature,  dead  and  fallen 
timber,  roads,  trails  and  camp  sites,  and  to  the  appointment  of  a 
Commissioner  of  the  Forest  Preserve." 

(No*  208,  Int.  No.  207)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  seven  of  Article  VII  of  the  Consti- 
tution, relative  to  the  lands  constituting  the  Forest  Preserve," 
heretofore  referred  to  the  Committee  on  Conservation  of  Natural 
Resources,  were  ordered  sent  to  the  Committee  on  Governor 
and  Other  State  Officers,  etc.,  with  authority  to  report  such  opin- 
ions thereon  as  it  may  deem  advisable. 

Mr.  Mereness  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Legislative  Powers  be  dis- 
charged from  the  further  consideration  of  proposed  amendment 
(No.  36,  Int.  No.  36)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  twenty-eight  of  Article  III,  relating  to 
granting  extra  compensation,  et  cetera." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Mereness,  consideration  of  the  same  was  indefinitely  postponed. 


CONSTITUTIONAL  CONVENTION  141 

Mr.  L.  M.  Martin  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following : 

Resolved,  That  the  absence  of  Door-keeper  E.  E.  Lewis  from 
May  25th  to  28th  inclusive,  be  excused  and  time  allowed  on  ac- 
count of  illness  and  death  in  his  family. 

which  was  agreed  to. 

Mr.  Barnes  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following.: 

Resolved,  That  Chapter  six,  Rule  sixteen,  be  amended  so  as  to 
read  as  follows;  After  the  word  "  Convention  n  insert  the  follow- 
ing :  "  No  favorable  or  adverse  report  by  any  committee,  relating 
to  proposed  constitutional  amendments,  shall  be  made  except  upon 
a  majority  vote  of  all  the  members  thereof." 

which  was  referred  to  the  Committee  on  Rules. 

The  Secretary  called  the  roll  by  districts  and  the  following 
propositions  were  introduced: 

By  Mr.  -Steinbrmk  (by  request)  :  "A  proposition  to  amend 
Section  eleven  of  Article  VIII,  in  relation  to  the  duties  and  pow- 
ers of  the  State  Commission  in  Lunacy"  (Int.  No.  371),  which 
was  read  twice,  ordered  printed  and  referred  to  the  'Committee  on 
Charities.  A  printed  copy  to  be  sent  to  the  ■Committee  on  Gov- 
ernor and  Other  State  Officers,  etc.,  with  authority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Dahm :  "A  proposition  to  amend  Article  II,  Section 
one,  by  inserting  after  the  word  "  county  "  "  or  of  the  .city  if  em- 
bodying several  counties  "  (Int  No,  372),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Suffrage. 

By  Mr.  Mann :  "A  proposition  to  amend  Article  XII,  Seetion 
two,  relative  to  legislative  bills  affecting  counties  within  a  city  " 
(Int.  No.  373),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Cities. 

Also,  "A  proposition  to  amend  Article  XII,  section  one,  rela- 
tive to  government  of  cities"  (Int.  No.  574),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Cities. 

By  Mr.  Baldwin:  "A  proposition  to  amend  Section  seven  of 
Article  VII  of  the  Constitution,  in  relation  to  the  Forest  Pre- 
serve, and  to  the  creation  of  a  Conservation  Commission  and  its 
powers  and  duties  "  (Int.  No.  375),  which  was  read  twice,  ordered 


142  JOURNAL  OF  THE 

printed  and  referred  to  the  Committee  on  Conservation  of  Natural 
Resources. 

By  Mr.  Foley:  "A  proposition  to  amend  Section  nineteen  of 
Article  I  of  the  Constitution,  in  relation  to  workmen's  compensa- 
tion "  (Int.  No.  376,  which  was  read  twice,  ordered  printed  and* 
referred  to  the  Committee  on  Industrial  Interests  and  Relations. 
A  printed  copy  to  be  sent  to  the  Committee  on  Bill  of  Rights  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Wickersham  (by  request)  :  "A  proposition  to  amend 
'  Section  fourteen  of  Article  VI  of  the  Constitution,  in  relation  to 
county  courts,  the  city  court  of  the  city  of  New  York  and  the 
court  of  general  sessions  in  the  county  of  New  York.  Creating 
the  superior  court  of  the  city  of  New  York "  (Int.  No. 
377),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Judiciary.  A  printed  copy  to  be  sent  to  the 
Committee  on  Cities  with  authority  to  report  such  opinions  thereon 
as  it  may  deem  advisable. 

By  Mr.  M.  Saxe :  "A  proposition  to  amend  Section  two  of 
Article  X  of  the  Constitution,  in  relation  to  the  appointment  or 
election  of  officers,  not  provided  for  by  this  Constitution  "  (Int. 
No.  378),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  County,  Town  and  Village  Officers. 

By  Mr.  Mereness :  "A  proposition  to  amend  Article  III  of  the 
Constitution,  in  relation  to  the  compensation  of  public  officers, 
servants,  agents  and  contractors"  (Int.  No.  379),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Legisla- 
tive Powers.  A  printed  copy  to  be  sent  to  the  Committee  on 
Governor  and  Other  State  Officers,  etc.,  with  authority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Articles  III,  V,  VI  and  X  of 
the  Constitution,  in  relation  to  the  compensation  of  public  officers, 
servants,  agents  and  contractors  "  (Int.  No.  380),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Legisla- 
tive Powers.  A  printed  copy  to  be  sent  to  the  Committee  on  Gov- 
ernor and  Other  State  Officers,  etc.,  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Angell :  "A  proposition  to  amend  iSection  eighteen,  Arti- 
cle VI  of  the  Constitution,  so  as  to  extend  the  jurisdiction  of  in- 


CONSTITUTIONAL  CONVENTION  143 

ferior  local  courts  "  (Int.  No.  381),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Dunmore :  aA  proposition  to  amend  Article  II  of  the 
Constitution,  in  relation  to  conditions  affecting  the  submission  by 
the  Legislature  of  any  constitutional  amendment  extending  the 
right  of  suffrage"  (Int.  No.  382),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Suffrage. 

By  Mr.  Cobb :  aA  proposition  to  amend  (Section  one  of  Article 
II  of  the  Constitution,  in  relation  to  qualification  of  voters  "  (Int. 
No.  383),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Suffrage. 

Also,  "A  proposition  to  amend  Section  eleven  of  Article  VI  of 
the  Constitution,  in  relation  to  the  removal  of  judges  "  (Int.  No. 
384),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Judiciary. 

By  Mr.  K.  B.  Smith:  "A  proposition  to  amend  Article  IV, 
Sections  six  and  seven,  in  relation  to  succession  to  the  office  of 
Governor  "  (Int.  No.  385),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Governor  and  Other  State 
Officers,  etc. 

Also,  aA  proposition  to  amend  Article  III  of  the  Constitution, 
in  relation  to  the  power  of  the  Legislature  to  provide  for  succession 
to  the  offices  and  powers  and  duties  of  Governor,  Lieutenant-Gov- 
ernor, Temporary  President  of  the  Senate  and  (Speaker  of  the 
Assembly"  (Int.  No.  386),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Governor  and  Other  State  Offi- 
cers, etc. 

By  Mr.  Deyo :  "  A  proposition  to  amend  Section  nine  of  Arti- 
cle I  of  the  Constitution,  to  prevent  gambling  in  stocks  and  com- 
modities "  (Int.  No.  387),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Bill  of  Rights. 

Also,  "A  proposition  to  amend  Article  VIII  of  the  Constitu- 
tion, by  inserting  after  Section  three  of  said  article  a  new  section, 
to  be  known  as  section  four  in  relation  to  the  incorporation  of 
stock  exchanges,  and  to  re-number  the  succeeding  sections  of  said 
article  accordingly "  (Int.  No.  £88),  which  was  read  twice, 
ordered  printed  and  referred  to  tne  Committee  on  Corporations. 


144  JOURNAL  OF  THE 

By  Mr.  Betts :  "A  proposition  to  amend  Articles  III,  VI  and 
XII  of  the  Constitution,  in  relation  to  the  method  of  ascertaining 
the  number  of  inhabitants  of  the  State,  from  time  to  time,  and  to 
the  division  of  the  State  into  senatorial  and  other  districts  on  the 
basis  of  population"  (Int.  No.  389),  which  was  read  twice,  ordered 
printed  and  referred  to  the  'Committee  on  The  Legislature,  its 
Organization,  etc 

By  Mr.  Rhees  (by  request)  :  "A  proposition  to  amend  Article  I 
of  the  Constitution,  in  relation  to  remedies  for  injuries  caused  by 
intoxicated  persons "  (Int.  No.  3&0),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Bill  of  Bights. 

By  Mr,  Curran:  "A  proposition  to  amend  Section  two  of 
Article  I  of  the  Constitution,  in  relation  to  extending  the  right  of 
trial  by  jury  to  all  crimes  and  offenses  punishable  by  imprison- 
ment "  (Int.  No.  391),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Bill  of  Rights.  A  printed  copy  to 
be  sent  to  the  'Committee  on  Judiciary  with  .a-utjhority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Article  VIII  of  the  Constitution, 
in  relation  to  authorizing  works  and  industries  for  relieving  dis- 
tress from  unemployment  and  extraordinary  emergencies  "  (Int. 
No.  392).,  which  was  read  twice,  ordered  ^printed  and  referred  to 
the  Committee  on  Industrial  Interests  and  Relations. 

Also,  "A  proposition  to  amend  Article  III  of  the  Constitution,  in 
relation  to  authorizing  State  insurance  of  workers  .against  acci- 
dent, sickness,  invalidity,  old  age  and  unemployment  "  (Int.  No. 
393),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Industrial  Interests  .and  Relations. 

Also,  "A  proposition  to  amend  Article  I  of  the  Constitution,  in 
relation  to  establishing  an  eight  nour  day  for  labor  performed  di- 
rectly or  indirectly  for  the  public"  (Int.  No.  394),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on  In- 
dustrial Interests  and  Relations. 

Also,  "A  proposition  to  amend  Section  two  of  Article  XIV  of 
the  Constitution,  in  relation  to  election  of  delegates  to  constitu- 
tional conventions  *  (Int.  No.  395),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Future  Amendments  and 
Revisions  of  the  Constitution. 


CONSTITUTIONAL  CONVENTION  145 

Also,  "A  proposition  to  amend  Section  six  of  Article  III  of  the 
Constitution,  in  relation  to  compensation  of  members  of  the  Legis- 
lature "  (Int.  No.  396),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  The  Legislature,  its  Organization,  etc. 

Also,  "A  proposition  to  amend  Article  IV  of  the  Constitution, 
in  relation  to  prohibiting  the  establishment  of  a  State  constabulary 
and  the  use  of  armed  forces  in  labor  disputes,  and  to  the  exclusive 
powers  of  the  Governor  .as  commander-in-chief"  (Int.  No.  -397), 
which  was  read  twice,  ordered  printed  and  referred  to  the  -Com- 
mittee on  Militia  and  Military  Affairs.  A  printed  copy  to  be  sent 
to  the  Committee  on  Industrial  Interests  and  Relations  and  to  the 
Committee  on  Governor  and  Other  State  Officers,  etc.,  with  au- 
thority to  report  such  opinions  thereon  as  they  may  deem  advisable. 

Also,  aA  proposition  to  .amend  the  Constitution,  in  relation  to 
the  method  of  selecting  judicial  officers  "  (Int.  No.  398).,  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Judiciary.  A  printed  copy  to  be  sent  to  the  Committee  on 
Suffrage  with  authority  to  report  such  opinions  thereon  as  it  may 
deem  advisable. 

Mr.  Parsons,  from  the  Committee  on  Rules,  submits  the  follow- 
ing report : 

The  Committee  on  Rules,  as  a  supplemental  report,  recommends 
the  adoption  of  the  following : 

Resolved,  That  this  Convention  accept  as  of  May  2 ft,  1915,  the 
resignation  of  Sarah  Pilloff  as  stenographer  to  the  Committee  on 
Industrial  Interests  and  Relations,  which  resignation  is  dated  that 
day,  and  that  Ellen  P.  Dor  an  be  employed  by  this  Convention  as 
stenographer  to  the  said  Committee  on  Industrial  Interests  and 
Relations  at  a  compensation  of  five  dollars  ($5.00)  per  day. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

On  motion  of  Mr.  Dennis,  Doorkeeper  N.  B.  Sherrill  was  ex- 
cused from  attendance  on  account  of  illness. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


146  JOURNAL  OF  THE 

THURSDAY,  JUNE  3,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Kev.  W.  W.  Battershall. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Friday,  May 
28th,  was  approved. 

Mr.  President  presented  the  communication  of  the  Legislative 
Index  Publishing  Company,  which  was  referred  to  the  Committee 
on  Contingent  Expenses. 

Mr.  Clearwater  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  recommendations  submitted  by  the  New 
York  State  Bar  Association  for  the  consideration  of  the  Conven- 
tion, and  the  report  of  the  Committee  of-  Fifteen  of  that  Associa- 
tion on  proposals  to  be  laid  before  the  Convention,  with  the  note 
accompanying  the  same,  heretofore  presented  as  memorials,  be 
printed  as  documents. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

On  motion  of  Mr.  E.  N.  Smith,  printed  copies  of  proposed 
amendments  (No.  55,  Int.  No.  55)  entitled  "  Proposed  constitu- 
'  tional  amendment  to  amend  Article  I  of  the  Constitution,  in  rela- 
tion to  the  public  uses  for  which  private  property  may  be  taken; 
and  the  assessment  of  damages  sustained  in  certain  cases." 

(No.  352,  Int.  No.  348)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  six  of  Article  I  of  the  Constitution, 
in  relation  to  the  public  uses  for  which  private  property  may  be 
taken. " 

(No.  406,  Int.  No.  248)  entitled  "  Proposed  constitutional 
amendment  to  amend  iSection  six  of  Article  I  of  the  Constitution, 
in  relation  to  certain  public  uses  for  which  private  property  may 
be  taken,"  heretofore  referred  to  the  Committee  on  Bill  of  'Rights, , 
were  ordered  sent  to  the  Committee  on  Conservation  of  Natural 
Resources  with  authority  to  report  such  opinions  thereon  as  it  may 
deem  advisable. 

On  motion  of  Mr.  E.  N.  Smith,  a  printed  copy  of  proposed 
amendment  (No.  121,  Int.  No.  121)  entitled  "  Proposed  constitu- 
tional amendment  to  amend  Section  seven  of  Article  VII,  by  add- 


CONSTITUTIONAL  CONVENTION  147 

ing  a  new  subsection,  in  relation  to  the  creation  of  a  Fish  and 
Game  Commission/*  heretofore  referred  to  the  Committee  on  Gov- 
ernor and  Other  State  Officers,  etc.,  was  ordered  sent  to  the  Com- 
mittee on  Conservation  of  Natural  Resources  with  authority  to 
report  such  opinions  thereon  as  it  may  deem  advisable. 

Mr.  R.  B.  Smith  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  Bill  of  Rights  be  discharged 
from  the  further  consideration  of  proposed  amendment  (No.  55, 
Int.  No.  55)  entitled  "Proposed  constitutional  amendment  to 
amend  Article  I  of  the  Constitution,  in  relation  to  the  public 
uses  for  which  private  property  may  be  taken ;  and  the  assessment 
of  damages  sustained  in  certain  cases."* 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
R.  B.  Smith,  the  same  was  amended  as  follows : 

Page  1,  line  5,  after  "  waters  **  insert  "  ;  "  and  strike  out  "  an  ". 
Page  1,  line  7,  after  "  utilities  **  insert  in  italics  "  ;  the  trans- 
mission of  electricity  ". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.   Cobb  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Judiciary  be  discharged 
from  the  further  consideration  of  proposed  amendment  (No.  277, 
Int.  No.  274)  entitled  "  Proposed  constitutional  amendment  to 
amend  Section  seven  of  Article  VI  of  the  Constitution,  with  rela- 
tion to  the  continuance  of  the  Court  of  Appeals,  and  the  salaries 
of  the  judges  thereof.*' 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Cobb,  the  same  was  amended  as  follows : 

Page  2,  line  23,  strike  out  everything  after  the  period,  and 
strike  out  all  of  lines  24,  25,  26  and  27,  and  insert  in  italics  in 
place  thereof  the  following :  "  The  Legislature  shall  fix  the 
salaries  of  the  judges  of  the  Court  of  Appeals.  The  salary  of  each 
judge  shall  be  at  least  equal  to  that  paid  any  other  judicial  officer 
in  the  service  of  the  State.** 

ordered  reprinted  and  recommitted  to  said  Committee. 


148  JOURNAL  OF  THE 

Mr.  Betts  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  (Secretary  be  authorized  and  directed  to  re- 
quest the  Superintendent  of  Public  Buildings  to  place  a  table  and 
chairs  in  each  committee  room  where  important  hearings  are  to  be 
held  for  the  Tise  and  convenience  of  the  official  reporters  of  this 
Convention,  and  that  the  Secretary  also  be  authorized  and  directed 
to  instruct  the  superintendent  of  documents  to  furnish  each  official 
reporter,  on  application,  one  copy  of  the  proposed  constitutional 
amendments  and  such  other  documents  as  they  may  require  to  in- 
telligently and  accurately  write  up  and  report  to  their  respective 
newspapers  a  synopsis  of  the  proceedings  of  this  Convention,  and 
after  the  final  adjournment  of  this  Convention  the  Secretary  is 
hereby  authorized  to  distribute  from  the  surplus  stock  provided  for 
by  Rule  71  one  copy  of  the  original  bound  record  to  each  official 
reporter  in  the  same  manner  that  such  records  are  to  be  distributed 
to  the  members  of  this  Convention. 

which  was  agreed  to. 

Mr.  Westwood  offered  for  the  consideration  of  the  "Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  Bill  of  Rights  be  discharged 
from  the  further  consideration  of  proposed  amendment  (No.  116, 
Int.  No.  116)  entitled  "  Proposed  constitutional  amendment  to 
amend  Section  two  of  Article  I  of  the  Constitution,  by  permitting 
five-sixths  of  a  jury  to  render  a  verdict,  and  by  permitting  defend- 
ants in  criminal  prosecutions  to  waive  a  jury." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Westwood,  the  same  was  amended  as  follows : 

Line  4,  place  brackets  about  the  word  "  forever  ". 
Line  5,  after  "  in  "  insert  in  italics  "  all ". 
Line  6,  at  end  of  line  insert  in  italics  *  all  ". 
Line  7,  after  "  cases  "  insert  in  italics  ",  not  punishable  by 
death". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

The  Secretary  called  the  roll  by  districts  and  the  following 
propositions  were  introduced: 

By  Mr.  Coles :  "A  proposition  to  amend  Section  five  of  Article 
III  of  the  Constitution,  in  relation  to  the  annexation  of  a  portion 
of  the  territory  of  one  county  to  another  county  "  (Int.  ~Ro.  399), 


CONSTITUTIONAL  CONVENTION         '      149 

which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  The  Legislature,  its  Organization,  etc. 

By  Mr.  Adams-  (by  request)  :  "A  proposition  to  amend  (Section 
twenty-two  of  Article  VI,  in  relation  to  the  terms  of  office  of  jus- 
tices of  the  peace  and  local  judicial  officers"  (Int.  No.  400), 
which  was  read  twice1,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary. 

By  Mr.  Bannister :  "A  proposition  to  amend  Section  three  of 
Article  XI  of  the  Constitution,  in  relation  to  providing  for  aerial 
forces  in  the  militia"  (Ink  No.  401),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Militia  and 
Military  Affairs. 

By  Mr..  Latson:  "A  proposition  to  amend  Article  VI  of  the 
Constitution,  in  relation  to  the  jurisdiction  of  the  Supreme  Court, 
by  extending  such  jurisdiction  over  claims  against  the  State,  and 
by  creating  a  branch  of  the  Supreme  Court  to  be  known  as  the 
claims  division  and  by  abolishing  the  Court  of  Claims  "  (Int.  No. 
402),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Judiciary. 

Also  (by  request),  "A  proposition  to  amend  Section  one  of 
Article  IX,  in  relation  to  the  maintenance  and  support  of  a  system 
of '  free  common  school's"  (Int.  No.  403),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Education.  A 
printed  copy  to*  be  sent  to  the  Committee  on  Cities  with  authority 
to  report  such  opinions  thereon  as  it  may  deem  advisable. 

Also  (by  request),  "A  proposition  to  amend  Article  V  of  the 
Constitution,  in  relation  to  the  establishment  of  a  State  depart- 
ment of  engineering  and  public  works  and  the  devolution  thereon 
of  powers  and  duties  of  certain  public  boards  and  officers  "  (Int. 
Not  404),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Governor  and  Other  State  Officers,  etc.  A 
printed  copy  to  be  sent  to  the  Committee  on  Canals  with  authority 
to  report  such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Parsons  (by  request) :  "A  proposition  to  amend  Article 
I,  Section  .nineteen,  by  omitting  a  portion  thereof,  and  adding  a 
new  section  in  relation  to  legislation  affecting  employees  "  (Int 
No.  405),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Industrial  Interests  and  Belations.  A  printed 
copy  to  be  sent  to  the  Committee  on  Legislative  Powers  with 


150  JOURNAL  OF  THE 

authority  to  report  such  opinions  thereon  as  it  may  deem  ad- 
visable. 

Also,  "A  proposition  to  amend  Article  I,  Section  eighteen,  in 
relation  to  damages  for  injuries  resulting  in  death  "  (Int.  No. 
406),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Industrial  Interests  and  Relations.  A  printed 
copy  to  be  sent  to  the  Committee  on  Bill  of  Rights  with  authority 
to  report  such  opinions  thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Article  III  of  the  Constitution, 
in  regard  to  the  power  of  the  Legislature  to  prohibit  manufac- 
turing in  structures  used  for  dwelling  purposes  "  (Int.  No.  407), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Industrial  Interests  and  Relations.  A  printed  copy 
to  be  sent  to  the  Committee  on  Legislative  Powers  with  authority 
to  report  such  opinions  thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Article  I,  Section  nineteen,  in 
relation  to  social  insurance  including  workmen's  compensation  " 
(Int.  No.  408),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Industrial  Interests  and  Relations. 
A  printed  copy  to  be  sent  to  the  Committee  on  Legislative  Powers 
with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

By  Mr.  F.  Martin :  "A  proposition  to  amend  Article  VI,  Sec- 
tion two,  in  relation  to  first  judicial  department"  (Int.  No.  409), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary. 

By  Mr.  C.  H.  Young:  "A  proposition  to  amend  Section  four- 
teen of  Article  VI  of  the  Constitution,  in  relation  to  county 
courts,  the  city  court  of  the  city  of  New  York"  (Int.  No.  410), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary.  A  printed  copy  to  be  sent  to  the  Committee 
on  Cities  with  authority  to  report  such  opinions  thereon  as  it 
may  deem  advisable. 

By  Mr.  Wiggins:  "A  proposition  to  amend  Section  ten  of 
Article  VIII  of  the  Constitution,  in  relation  to  sinking  funds  for 
the  payment  of  county  and  city  debts"  (Int.  No.  411),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee 


CONSTITUTIONAL  CONVENTION  151 

on  Cities.  A  printed  copy  to  be  sent  to  the  Committee  on  Coun- 
ties, Towns  and  Villages,  their  Organization,  Government,  etc., 
with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

By  Mr.  Barnes :  "A  proposition  to  amend  Article  XIV  of  the 
Constitution,  relating  to  amendments  to  the  Constitution,  how 
proposed,  voted  upon  and  ratified"  (Int.  No.  412),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Future  Amendments  and  Revisions  of  the  Constitution. 

By  Mr.  Dunlap:  "A  proposition  to  amend  Section  five  of 
Article  III  of  the  Constitution,  relating  to  apportionment  of 
Assemblymen  and  the  creation  of  Assembly  districts  "  (Int.  No. 
413),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  The  Legislature,  its  Organization,  etc. 

By  Mr.  R.  B.  Smith:  "A  proposition  to  amend  'Section  four- 
teen of  Article  VI  of  the  Constitution,  in  relation  to  the  juris- 
diction of  county  courts"  (Int.  No.  414),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Wadsworth:  "A  proposition  to  amend  Article  V,  Sec- 
tion two,  in  relation  to  the  election  of  Secretary  of  State,  Comp- 
troller, Treasurer,  Attorney-General  and  State  Engineer  and  Sur- 
veyor; also  to  amend  Article  V  by  striking  out  Section  seven" 
(Int.  No.  415),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Governor  and  Other  State  Officers, 
etc. 

Also,  "A  proposition  to  amend  Article  V,  by  adding  a  new 
section  in  relation  to  the  duties  of  the  Comptroller,  and  the  ap- 
propriation of  the  public  funds  "  (Int.  No.  416),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  the 
State  Finances,  Revenues  and  Expenditures.  A  printed  copy  to 
be  sent  to  the  Committee  on  Governor  and  Other  State  Officers, 
etc.,  with  authority  to  report  such  opinions  thereon  as  it  may 
deem  advisable. 

Also,  "A  proposition  to  amend  Article  III,  Section  two  of  the 
Constitution,  in  relation  to  the  election  of  Senators  and  Assem- 
blymen "  (Int.  No.  417),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Legislative  Powers. 

Also,  "A  proposition  to  amend  Article  V,  Section  one  of  the 
Constitution,  in  relation  to  appointment  and  tenure  of  office  of 


152  JOURNAL  OF  THE 

the  Secretary  of  State,  the  Comptroller,  the  Treasurer,  and  the 
State  Engineer  and  Surveyor"  (Int.  No.  418),  which,  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Gov- 
ernor and  Other  State  Officers,  etc. 

Also,  "A  proposition  to  amend  Article  IV,  Section  one,  in  re- 
lation to  the  term  of  office  of  the  Governor"  (Int.  No.  419), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Governor  and  Other  State  Officers,  etc. 

Also,  "A  proposition  to  amend  Article  X,  Section  six,  in  re- 
lation to  the  political  year  and  legislative  term"  (Int.  No.  420), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  The  Legislature,  its  Organization,  etc.. 

By  Mr:  Curran:  "A  proposition  to  amend.  Article  III  of  the 
Constitution,  in  relation  to  power  of  the  court  with  respect  to 
declaring  statutes  unconstitutional"  (Int..  No.  421),.  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Judiciary. 

Also,  "A  proposition  to  amend  Article  I  of  the  Constitution, 
in  relation  to  laws  for  the  protection  of  employees  "  (Int.,  No. 
422),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Industrial  Interests  and  Relations.  A  printed 
copy  to  be  sent  to  the  Committee  on  Bill  of  Rights  with  authority 
to  report  such  opinions  thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Section  four  of  Article  I  of 
the  Constitution,  in  relation  to  the  writ  of  habeas  corpus  and  the 
powers  of  military  courts  "  (Int.  No.  423),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Bill  of  Rights. 
A  printed  copy  to  be  sent  to  the  Committee  on  Judiciary  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  ad- 
visable. 

By  Mr.  Westwood:  "A  proposition  to  amend  Article  III  by 
adding  a  new  section  providing  that  no  real  property  whatsoever, 
except  that  of  the  United  States,  shall  hereafter  be  exempt  from 
taxation  "  (Int.  No.  424),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Taxation. 

On  motion  of  Mr.  Low,  a  printed  copy  of  proposed  amendment 
(No.  385,  Int.  No.  378)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  two  of  Article  X  of  the  Constitution,  in  re- 
lation to  the  appointment  or  election  of  officers,  not  provided  for 
by  this  Constitution,"  heretofore  referred  to  the  Committee  on 


CONSTITUTIONAL  CONVENTION  153 

County,  Town  and  Village  Officers,  was  ordered  sent  to  the  Com- 
mittee on  Cities  with  authority  to  report  such  opinions  thereon 
as  it  may  deem  advisable. 

On  motion  of  Mr.  Low,  printed  copies  of  proposed  amendments 
(No.  386,  Int.  No.  379)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  twenty-eight  of  Article  III  of  the  Consti- 
tution, in  relation  to  the  compensation  of  public  officers,  servants, 
agents  and  contractors." 

and  (No.  38iT,  Int.  No.  380)  entitled  u  Proposed  constitutional 
amendment  to  amend  Articles  III,  V,  VI  and  X  of  the  Constitu- 
tion, in  relation  to  the  compensation  of  public  officers,  servants, 
agents  and  contractors,"  heretofore  referred  to  the  Committee  on 
Legislative  Powers,  were  ordered  sent  to  the  Committee  on  Cities 
with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

On  motion  of  lilr.  Stimson,  a  printed  copy  of  proposed  amend- 
ment (No.  330,  Int.  No.  326)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  twenty-one  of  Article  III  of  the 
Constitution,  in  relation  to  laws  appropriating  moneys,"  hereto- 
fore referred  to  the  Committee  on  Legislative  Powers,  was  ordered 
sent  to  the  Committee  on  the  State  Finances,  Revenues  and  Ex- 
penditures with  authority  to  report  such  opinions  thereon  as  it 
may  deem  advisable. 

Mr.  Barnes,  from  the  Committee  on  Legislative  Powers,  to 
which  was  referred  proposed  amendment  introduced  by  Mr.  R.  B. 
Smith  (No.  292,  Int.  No.  289),  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  twenty-eight  of  Article  III  of  the 
Constitution,  in  relation  to  the  granting  of  extra  compensation  "by 
the  Legislature  and  other  legislative  bodies,"  reported  the  same 
with  the  following  amendments: 

Page  1,  line  3,  after  "  legislature  "  insert  in  italics  "  or  State 
comptroller  ". 

Page  1,  line  4,  after  "  board  "  insert  in  italics  "  or  auditing 
board,  body  or  officer  ". 

Page  1,  line  6,  after  u  grant  "  insert  in  italics  "  or  permit  ". 

Amend  the  title  as  follows : 

Line  2,  after  "  granting  "  insert  "  or  permitting  ",  and  strike 
out  "  the  "  at  end  of  line. 

Line  3,  strike  out  "  legislature  and  other  ",  also  after  "  bodies  " 
insert  "  or  auditing  boards,  bodies  or  officers  ". 


164  JOURNAL  OF  THE 

and  requests  that  said  proposition  be  recommitted  to  said  com- 
mittee, which  report  was  agreed  to,  and  said  proposition  ordered 
reprinted  and  recommitted  to  said  committee. 

Mr.  Barnes  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  Legislative  Powers  be  dis- 
charged from  the  further  consideration  of  proposed  amendment 
(No.  225,  Int.  jSTo.  223)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  two  of  Article  V,  by  striking  out  said  sec- 
tion and  substituting  in  place  thereof  a  provision  giving  the  Sec- 
retary of  State,  Comptroller,  Treasurer,  Attorney-General  and 
State  Engineer  and  Surveyor  seats  in  the  Legislature,"  and  that 
the  same  be  referred  to  the  Committee  on  Governor  and  Other 
State  Officers,  etc. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Latson,  a  printed  copy  of  proposed  amend- 
ment (No.  266,  Int.  No.  263)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  nine  of  Article  V  of  the  Constitu- 
tion, in  relation  to  removals,"  heretofore  referred  to  the  Com- 
mittee on  Civil  Service,  was  ordered  sent  to  the  Committee  on 
Militia  and  Military  Affairs  with  authority  to  report  such  opin- 
ions thereon  as  it  may  deem  advisable. 

Mr.  S.  K.  Phillips,  from  the  Committee  on  Contingent  Ex- 
penses, to  which  was  referred  the  resolution  relative  to  traveling 
expenses  of  witnesses  residing  outside  the  State,  introduced  by 
Mr.  Stimson,  reported  in  favor  of  the  adoption  of  the  following 
resolution : 

Resolved,  That  whenever  the  attendance  of  witnesses  who  re- 
side out  of  the  State  of  New  York  is  desired  by  any  standing  com- 
mittee, the  committee  on  contingent  expenses  shall  have  power  in 
its  discretion  to  authorize  the  payment  of  the  traveling  expenses 
of  such  witnesses. 

which  report  was  agreed  to. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  T.  F.  Smith  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Whereas,  This  Convention  has  learned  with  deep  regret  of  the 


CONSTITUTIONAL  CONVENTION  155 

death  of  Frank  E.  Vaughn  and  Jacob  C.  Knauber,  who  for  a  num- 
ber of  years  represented  some  of  our  leading  newspapers  in  the 
Legislature  and  the  Convention;  therefore,  be  it 

Resolved,  That  when  this  Convention  adjourns  that  it  adjourn 
out  of  respect  to  the  memory  of  the  deceased. 

which  was  agreed  to. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


FRIDAY,  JUNE  4,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  V.  Moldenhawer. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Wednesday, 
June  2d,  was  approved. 

Mr.  President  presented  the  memorial  of  the  Professional  Engi- 
neers of  Rochester,  which  was  referred  to  the  Committee  on 
Governor  and  Other  State  Officers,  etc. 

Also,  the  communication  and  resolutions  of  the  Board  of  Super- 
visors of  Herkimer  County,  which  was  referred  to  the  Committee 
on  Public  Utilities. 

Mr.  President  presented  the  communication  of  the  State  Comp- 
troller in  response  to  the  resolution  of  the  Convention  adopted 
May  14th,  which  was  referred  to  the  Committee  on  the  State 
Finances,  Revenues  and  Expenditures. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Convention 
a 'resolution,  in  the  words  following: 

Resolved,  That  the  report  of  the  State  Comptroller  in  relation 
to  the  compensation  of  county  treasurers  be  printed  as  a  docu- 
ment of  the  Convention. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

On  motion  of  Mr.  Tanner,  printed  copies  of  proposed  amend- 
ments (No.  13,  Int.  No.  13)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  IV  of  the  Constitution,  relating  to  a 
budget  commission." 

(No.  212,  Int.  No.  211)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  IV  of  the  Constitution,  by  adding  a 


156  JOURNAL  OF  THE 

new  section  thereto,  in  relation  to  the  power  of  the  Governor  to 
amend  a  bill  which  imposes  a  direct  State  tax." 

(No.  223,  Int.  No.  221)  entitled  "Proposed  constitutional 
amendment  to  amend  Section  four  of  Article  IV,  in  relation  to 
the  duties  and  powers  of  Governor ;  compensation ;  State  budget," 
heretofore  referred  to  the  Committee  on  the  'State  Finances, 
Revenues  and  Expenditures,  were  ordered  sent  to  the  Committee 
on  Governor  and  Other  State  Officers,  etc.,  with  authority  to  re- 
port such  opinions  thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Standart,  a  printed  copy  of  proposed  amend- 
ment (No.  283,  Int.  No.  280)  entitled  "  Proposed  constitutional 
amendment  to' amend  the  Constitution,  by  inserting  a  new  Article 
XII  in  place  of  the  old  Article  XII,  in  order  to  regulate  legisla- 
tion concerning  cities  and  villages  and  guarantee  to  them  the  right 
of  municipal  self-government,"  heretofore  referred  to  the  Com- 
mittee on  Cities,  was  ordered  sent  to  the  Committee  on  Taxation 
with  authority  to  report  *uch  opinions  thereon  as  it  may  deem 
advisable. 

Mr.  Bunce  moved  that  the  resolution  offered  by  Mr.  S.  K. 
Phillips  on  the  27th  day  of  April,  1915,  about  the  daily  sessions 
of  this  Convention  being  opened  with  prayer,  and  which  was 
agreed  to  by  the  Convention,  be  amended  by  striking  out  the 
words  "  of  the  city  of  Albany  in  charge  of  parishes,"  which  was 
agreed  to. 

Mr.  President  put  the  question  -whether  the  Convention  would 
agree  to  said  resolution  as  amended,  and  it  was  determined  in 
the  affirmative. 

Mr.  Hale  presented  the  following  announcement : 

To  the  Constitutional  Convention: 

I  hereby  announce  that  James  S.  Clair,  heretofore  designated 
by  me  and  employed  by  the  Convention  as  a  general  stenographer, 
resigned  said  position  on  the  11th  day  of  May,  1915,  and  that, 
pursuant  to  resolution  heretofore  adopted,  I  have  designated 
Elizabeth  A.  Smith  as  a  general  stenographer  in  place  of  said 
James  S.  Clair,  resigned. 

Dated,  Albany,  N.  Y.,  June  4,  1915. 

John  K.  Marshall, 

Official  Stenographer. 


CONSTITUTIONAL  CONVENTION  157 

Mr.  Hale  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That,  in  accordance  with  the  designation  therefor 
heretofore  made  by  the  official  stenographer,  the  Convention  em- 
ploy Elizabeth  A.  Smith  as  a  general  stenographer  at  a  per  diem 
compensation  of  $4.00. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

The  Secretary  called  the  roll  by  districts  and  the  following 
propositions  were  introduced : 

By  Mr.  Sargent:  "A  proposition  to  amend  Article  III  of  the 
Constitution,  in  relation  to  the  establishment  of  a  commission  to 
prepare  and  submit  reforms  in  civil  procedure"  (Int.  No.  425), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary. 

By  Mr.  Wagner:  "A  proposition  to  amend  Section  twelve  of 
Article  VII  of  the  Constitution,,  by  providing  for  the  payment  of 
a  proportionate  part  of  the  highway  fund  to  certain  counties, 
cities  or  towns"  (Int.  No.  426),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Public  Utilities.  A 
printed  copy  to  be  sent  to  the  Committee  on  the  State  Finances, 
Revenues  and  Expenditures  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

By  Mr.  C.  Nicoll:  "A  proposition  to  amend  Section  nine  of 
Article  V  of  the  Constitution,  so  as  to  authorize  the  Legislature 
to  extend  a  limited  preference  in  appointments  to  the  civil  service 
to  residents  of  this  State  who  have  been  honorably  discharged  from 
the  regular  or  volunteer  military  or  naval  forces  of  the  United 
States  or  who  have  honorably  completed  a  term  of  enlistment  in 
the  active  militia  or  National  Guard  of  this  State  "  (Int.  No. 
427),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Civil  Service. 

By  Mr.  Wiggins:  "A  proposition  to  amend  Section  nine  of 
Article  VI  of  the  Constitution,  in  relation  to  the  jurisdiction  of 
the  Court  of  Appeals"  (Int.  No.  428),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Judiciary. 


158  JOURNAL  OF  THE 

By  Mr.  Heaton:  "A  proposition  to  amend  Article  III,  by 
inserting  a  new  section  concerning  the  exemption  from  taxation 
of  property  owned  by  municipalities  "  (Int.  No.  429),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Taxation.  A  printed  copy  to  be  sent  to  the  Committee  on  Cities 
and  the  Committee  on  Legislative  Powers  with  authority  to  report 
such  opinions  thereon  as  they  may  deem  advisable. 

Also,  "A  proposition  to  amend  Section  twelve  of  Article  VII  of 
the  Constitution,  in  relation  to  the  improvement  of  highways  by 
providing  that  highways  shall  include  the  bridges  which  form  an 
integral  part  of  such  highways  "  (Int.  No.  430),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Public 
Utilities.  A  printed  copy  to  be  sent  to  the  Committee  on  the 
State  Finances,  Eevenues  and  Expenditures  with  authority  to 
report  such  opinions  thereon  as  it  may  deem  advisable. 

Also  (by  request),  "A  proposition  to  amend  Article  III  of  the 
Constitution,  in  relation  to  a  State  budget  of  estimated  expendi- 
tures and  the  enactment  of  appropriation  laws  "  (Int.  No.  432), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  the  State  Finances,  Revenues  and  Expenditures.  A 
printed  copy  to  be  sent  to  the  Committee  on  Governor  and  Other 
State  Officers,  etc.,  with  authority  to  report  such  opinions  thereon 
as  it  may  deem  advisable. 

By  Mr.  McKean:  "A  proposition  to  amend  Section  fifteen 
of  Article  VI  of  the  Constitution,  in  relation  to  surrogate  and 
surrogates'  courts,  their  powers  and  jurisdiction  "  (Int.  No.  431), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary. 

By  Mr.  Meigs  (by  request)  :  "A  proposition  to  amend  Article 
III  of  the  Constitution,  in  relation  to  a  State  budget  of  estimated 
expenditures  and  the  enactment  of  appropriation  laws  "  (Int.  No. 
432),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  the  State  Finances,  Revenues  and  Expenditures. 
A  printed  copy  to  be  sent  to  the  Committee  on  Governor  and 
Other  State  Officers,  etc.,  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Article  VII  of  the  Constitution, 
by  repealing  Section  seven  thereof  and  substituting  a  new  section 
relating  to  the  Forest  Preserve  and  to  the  creation  of  a  board  of 


CONSTITUTIONAL  CONVENTION  159 

conservation  and  its  powers  and  duties"  (Int.  No.  433),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Conservation  of  Natural  Resources.  A  printed  copy  to  be  sent  to 
the  Committee  on  Governor  and  Other  State  Officers,  etc.,  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  ad- 
visable. 

By  Mr.  R.  B.  Smith:  "A  proposition  to  amend  Article  V, 
Section  three,  in  relation  to  powers  and  duties  of  State  Engineer 
and  Surveyor"  (Int.  No.  434),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Governor  and  Other 
State  Officers,  etc.  A  printed  copy  to  be  sent  to  the  Committee 
on  Canals  with  authority  to  report  such  opinions  thereon  as  it 
may  deem  advisable. 

Also,  "A  proposition  to  amend  Section  one  of  Article  X  of  the 
Constitution,  in  relation  to  the  removal  of  county  officers  "  (Int. 
No.  435),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  County,  Town  and  Village  Officers. 

Also,  "A  proposition  to  amend  Article  V  of  the  Constitution, 
by  repealing  Section  four  thereof  in  relation  to  the  Superin- 
tendent of  State  Prisons  "  (Int.  No.  436),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Prisons,  etc., 
and  the  Prevention  and  Punishment  of  Crime.  A  printed  copy 
to  be  sent  to  the  Committee  on  Governor  and  Other  State  Officers, 
etc.,  with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

Also,  "A  proposition  to  amend  Article  VII,  Section  two,  in  re- 
lation to  the  power  of  the  State  to  contract  debts  "  (Int.  No. 
437),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  the  State  Finances,  Revenues  and  Expenditures. 
A  printed  copy  to  be  sent  to  the  Committee  on  Taxation  with  au- 
thority to  report  such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Green:  "A  proposition  to  amend  Article  VII  of  the 
Constitution,  in  relation  to  establishing  a  conservation  department 
in  charge  of  a  commissioner  "  (Int.  No.  438),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Con- 
servation of  Natural  Resources.  A  printed  copy  to  be  sent  to 
the  Committee  on  Governor  and  Other  State  Officers,  etc.,  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  ad- 
visable. 


160  JOURNAL  OF  THE 

By  Mr.  Lindsay:  "A  proposition  to  amend  Section  fifteen  of 
Article  I  of  the  Constitution  of  the  State  of  New  York,  in  re- 
lation to  the  government  of  Indians  "  (Int.  No.  439),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Relations  to  the  Indians. 

Mr.  Parsons,  from  the  Committee  on  Rules,  to  which  was  re- 
ferred the  resolution  relative  to  amending  Chapter  six,  Rule  six- 
teen, introduced  by  Mr.  Barnes,  reported  in  favor  of  the  adoption 
of  the  same  amended  to  read  as  follows : 

Resolved,  That  Chapter  six,  Rule  sixteen,  be  amended  so  as  to 
read  as  follows :  After  the  word  "  Convention  "  insert  the  fol- 
lowing: "  No  favorable  or  adverse  report  by  any  committee,  upon 
a  proposed  constitutional  amendment,  shall  be  made  except  by  a 
majority  of  all  the  members  of  the  committee.  A  minority  of  a 
committee  may  express  its  views  in  a  report." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  Wickersham,  from  the  Committee  on  Library  and  Informa- 
tion, to  which  was  referred  the  resolution  introduced  by  Mr. 
Wagner-  May  5,  1915,  relative  to  obtaining  certain  information 
from  the  State  Comptroller  as  to  the  amount  and  term  of  all 
bonds  issued  under  the  provisions  of  Article  VII  of  the  Con- 
stitution, etc.,  reports  in  favor  of  the  adoption  of  said  resolution. 

Objection  being  made  to  the  immediate  consideration  of  said 
resolution,  ordered  that  the  same  lie  upon  the  table  one  day. 

Mr.  Wickersham,  from  the  Committee  on  Library  and  Informa- 
tion, to  which  was  referred  the  resolution  introduced  by  Mr.  C.  A. 
Webber  May  13,  1915,  relative  to  obtaining  certain  information 
from  the  State  Comptroller  as  to  the  reports  in  transfer  tax  pro- 
ceedings filed  in  his  office,  reports  that  the  committee  has  con- 
sidered said  resolution  and  reports  in  favor  of  the  adoption  of 
the  following  resolution : 

Resolved,  That  the  State  Comptroller  be  requested  to  furnish 
the  following  information  from  the  reports  in  transfer  tax  pro- 
ceedings filed  in  his  office: 

1.  The  following  details  in  relation  to  each  of  the  last  five 


CONSTITUTIONAL  CONVENTION  161 

parcels  of  real  estate  in  each  county  of  the  State  appraised  for  the 
transfer  tax : 

(a)  The  name  of  the  deceased. 

(b)  The  name  of  the  city  or  town  in  which  the  parcel  is 
located. 

(c)  The  assessed  value  as  reported. 

(d)  The  appraised  value  as  fixed. 

2.  The  foregoing  information  to  be  arranged  by  counties  ac- 
cording to  the  location  of  the  parcels,  and  to  be  in  tabular  form. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


TUESDAY,  JUNE  8,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham  the  journal  of  Thursday,  June 
3rd,  was  approved. 

Mr.  Tierney  presented  the  petition  of  the  C.  F.  Tabor  Hook 
and  Ladder  Company,  which  was  referred  to  the  Committee  on 
the  Judiciary  and  the  Committee  on  Civil  Service. 

Mr.  Deyo  presented  the  petition  of  the  Exempt  Firemen's 
Association  of  Binghamton,  which  was  referred  to  the  Committee 
on  Civil  Service. 

On  motion  of  Mr.  Tanner,  printed  copies  of  proposed  amend- 
ments (No.  131,  Int.  No.  131)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  . V  of  the  Constitution,  by  striking 
therefrom  the  provisions  of  Section  eight  of  said  article,  pro- 
hibiting the  creation  of  offices  for  the  weighing,  gauging,  measur- 
ing, culling  or  inspecting  any  merchandise,  produce,  manufacture 
or  commodity  whatever.'' 

(No.  134,  Int.  No.  134)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  V  of  the  Constitution,  in  respect  to 
11 


162  JOURNAL  OF  THE 

State  officers,  by  providing  for  the  election  of  a  Commissioner  of 
Labor  and  Industries." 

(No.  194,  Int.  No.  193)  entitled  "Proposed  constitutional 
amendment  to  amend  Article  III  of  the  Constitution,  in  relation 
to  minimum  wages,"  heretofore  referred  to  the  Committee  on 
Industrial  Interests  and  Relations,  were  ordered  sent  to  the  Com- 
mittee on  Governor  and  Other  State  Officers,  etc.,  with  authority 
to  report  such  opinions  thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Tanner,  printed  copies  of  proposed  amend- 
ments (No.  237,  Int.  No.  235)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  five  of  Article  IV  of  the  Constitu- 
tion, in  relation  to  reprieves,  commutations  and  pardons." 

(No.  272,  Int.  No.  269)  entitled  "Proposed  constitutional 
amendment  to  repeal  Section  five  of  Article  IV  of  the  Constitu- 
tion, relating  to  the  pardoning  power  of  the  Governor,  and  to 
amend  Sections  eleven  and  twelve  of  Article  VIII  of  the  Con- 
stitution so  as  to  provide  for  the  creation  of  a  State  board  of 
pardons  and  the  transfer  to  it  of  the  pardoning  power  now  vested  in 
the  Governor,"  heretofore  referred  to  the  Committee  on  Prisons, 
etc.,  and  the  Prevention  and  Punishment  of  Crime,  were  ordered 
sent  to  the  Committee  on  Governor  and  Other  State  Officers,  etc., 
with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

On  motion  of  Mr.  Tanner,  printed  copies  of  proposed  amend- 
ments (No.  98,  Int.  No.  98)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  V  of  the  Constitution,  by  adding 
a  new  section  thereto  in  relation  to  public  service  commissions 
for  the  first  and  second  districts." 

(No.  161,  Int.  No.  161)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  V  of  the  Constitution,  by  adding 
a  new  section  thereto,  in  relation  to  public  service  commissions." 

(No.  252,  Int.  No.  249)  entitled  "Proposed  constitutional 
amendment  to  amend  the  Constitution,  by  adding  a  new  article 
creating  public  utilities  commissions  and  prescribing  their  juris- 
diction, powers  and  duties,"  heretofore  referred  to  the  Committee 
on  Public  Utilities,  were  ordered  sent  to  the  Committee  on  Gov- 
ernor and  Other  State  Officers,  etc.,  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Tanner,  a  printed  copy  of  proposed  amend- 
ment   (No.    4,   Int.   No.   4)    entitled  "  Proposed  constitutional 


CONSTITUTIONAL  CONVENTION  163 

amendment  to  amend  Section  four  of  Article  II  of  the  Constitu- 
tion, in  respect  to  the  enactment  of  election  and  registration  laws," 
heretofore  referred  to  the  Committee  on  Suffrage,  was  ordered 
sent  to  the  Committee  on  Governor  and  Other  State  Officers,  etc., 
with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

On  motion  of  Mr.  Tanner,  a  printed  copy  of  proposed  amend- 
ment (No.  331,  Int.  No.  327)  entitled  "  Proposed  constitutional 
amendment  to  amend  Sections  eleven,  twelve,  thirteen  and  fifteen 
of  Article  VIII  of  the  Constitution,  in  relation  to  the  State  Board 
of  Charities,  providing  for  visiting  and  inspecting  of  public  and 
private  institutions  and  societies,"  heretofore  referred  to  the  Com- 
mittee on  Charities,  was  ordered  sent  to  the  Committee  on  Gov- 
ernor and  Other  State  Officers,  etc.,  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

The  Secretary  called  the  roll  by  districts  and  the  following 
propositions  were  introduced: 

By  Mr.  Coles :  "A  proposition  to  amend  Article  I  of  the  Con- 
stitution, by  adding  a  new  section  thereto  insuring  liberty  of 
conscience  in  regard  to  military  service"  (Int.  No.  440),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Bill  of  Bights.  A  printed  copy  to  be  sent  to  the  Committee  on 
Militia  and  Military  Affairs  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

By  Mr.  Frank  (by  request)  :  "A  proposition  to  amend  Section 
six  of  Article  I  of  the  Constitution,  relative  to  the  taking  of 
private  property  for  public  purposes"  (Int.  No.  441),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on  Bill 
of  Bights. 

Also  (by  request),  "A  proposition  to  amend  Section  six  of 
Article  I  of  the  Constitution,  relative  to  the  taking  of  private 
property  for  public  purposes"  (Int.  No.  442),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Bill  of 
Bights.  A  printed  copy  to  be  sent  to  the  Committee  on  Public 
Utilities  with  authority  to  report  such  opinions  thereon  as  it  may 
deem  advisable. 

By  Mr.  Adams  (by  request)  :  "A  proposition  to  amend  Article 
VI  of  the  Constitution,  by  adding  a  new  section  to  be  known  as 
Section  fifteen-a  thereof,  providing  for  the  creation  of  a  court  of 
record  in  cities  of  the  first  class  to  be  known  as  the  domestic 


164  JOURNxlL  OP  THE 

relations  court "  (Int.  No.  443),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Reeves:  "A  proposition  to  amend  Article  X,  Section 
one,  of  the  Constitution,  in  relation  to  sheriffs,  clerks  of  counties, 
district  attorneys,  registers  and  superintendents  of  county 
records"  (Int.  No.  444),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Counties,  Towns  and  Villages, 
their  Organization,  Government,  etc.  A  printed  copy  to  be  sent 
to  the  Committee  on  County,  Town  and  Village  Officers  with  au- 
thority to  report  such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Bayes :  "A  proposition  to  amend  Sections  two  and  seven 
of  Article  VI  of  the  Constitution,  in  relation  to  the  consolidation 
of  the  Appellate  Division  and  the  Court  of  Appeals  into  a  single 
appellate  court  to  be  known  as  the  Court  of  Appeals"  (Int.  No. 
445),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Section  nine  of  Article  VI  of 
the  Constitution,  in  relation  to  the  jurisdiction  of  the  Court  of 
Appeals  "  (Int.  No.  446),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Newburger :  "A  proposition  to  amend  Section  eighteen 
of  Article  VI,  in  relation  to  inferior  local  courts  of  civil  and 
criminal  jurisdiction"  (Int.  No.  447),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Section  twenty-three  of  Article 
VI,  in  relation  to  the  courts  of  special  sessions"  (Int.  No.  448), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary. 

By  Mr.  Baldwin :  "A  proposition  to  amend  Articles  X  and  XII 
of  the  Constitution,  in  relation  to  consolidating  into  a  single  county 
the  present  counties  within  the  city  of  New  York  "  (Int.  No.  449), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Commit- 
tee on  Counties,  Towns  and  Villages,  their  Organization,  Govern- 
ment, etc.  A  printed  copy  to  be  sent  to  the  Committee  on  Cities 
with  authority  to  report  such  opinions  thereon  as  it  may  deem  ad- 
visable. 

Also,  "A  proposition  to  amend  Article  VIII  of  the  Constitu- 
tion, in  relation  to  the  taxation  and  assessed  valuation  of  real 


CONSTITUTIONAL  CONVENTION  165 

estate"  (Int.  No.  450),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Taxation. 

Also,  "A  proposition  to  amend  Article  III  of  the  Constitution, 
in  relation  to  legislation  affecting  local  salaries  and  expenditures  " 
(Int.  No.  451),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Legislative  Powers.  A  printed  copy  to  be 
sent  to  the  Committee  on  Cities  and  to  the  Committee  on  Counties, 
Towns  and  Villages,  their  Organization,  Government,  etc.,  with 
authority  to  report  such  opinions  thereon  as  they  may  deem  ad- 
visable. 

Also  (by  request),  "A  proposition  to  amend  Section  two  of 
Article  VI  of  the  Constitution,  in  relation  to  the  appointment  of 
Supreme  Court  commissioners"  (Int.  No.  452),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

Also  (by  request),  "A  proposition  to  amend  Section  seven  of 
Article  I  of  the  Constitution,  in  relation  to  the  manner  of  ascer- 
taining the  compensation  to  be  made  when  private  property  shall 
be  taken  for  public  use"  (Int.  No.  453),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Bill  of  Rights. 

Also  (by  request),  "A  proposition  to  amend  Section  twenty-one 
of  Article  VI  of  the  Constitution,  in  relation  to  the  collection, 
compilation  and  publication  of  judicial  statistics  "  (Int.  No.  454), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary. 

Also  (by  request),  "A  proposition  to  amend  Article  VIII  of 
the  Constitution,  in  relation  to  regulation  of  the  issuance  of 
municipal  securities"  (Int.  No.  455),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  the  State 
Finances,  Revenues  and  Expenditures.  A  printed  copy  to  be  sent 
fito  the  Committee  on  Counties,  Towns  and  Villages,  their  Organi- 
zation, Government,  etc.,  and  the  Committee  on  Cities  with  au- 
thority to  report  such  opinions  thereon  as  they  may  deem  advis- 
able. 

By  Mr.  T.  F.  Smith:  "A  proposition  to  amend  Section  four 
of  Article  II  of  the  Constitution,  in  relation  to  registration  and 
election  laws"  (Int.  No.  456),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Suffrage. 

By  Mr.  Wagner :    "A  proposition  to  amend  Section  eighteen  of 


166  JOURNAL  OF  THE 

Article  VI  of  the  Constitution,  in  relation  to  the  removal  of 
judicial  officers"  (Int.  No.  457),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  J.  G.  Saxe :  "A  proposition  to  amend  Sections  twenty- 
one  and  twenty-two  of  Article  III,  and  Section  four  of  Article  IV 
of  the  Constitution,  so  as  to  provide  a  scientific  budget  system  for 
the  State"  (Int.  No.  458),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  the  State  Finances,  Revenues 
and  Expenditures. 

By  Mr.  Tanner:  "A  proposition  to  amend  Section  two  of 
Article  III  of  the  Constitution,  in  relation  to  the  number  and 
terms  of  members  of  the  Legislature,  the  length  of  legislative 
sessions  and  the  power  of  the  Legislature  to  enact  laws  at  certain 
sessions  "  (Int.  No.  459  ),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  The  Legislature,  its  Organiza- 
tion, etc.  A  printed  copy  to  be  sent  to  the  Committee  on  Legis- 
lative Powers  with  authority  to  report  such  opinions  thereon  as 
it  may  deem  advisable. 

By  Mr.  F.  Martin:  "A  proposition  to  amend  Section  one  of 
Article  X  of  the  Constitution  and  to  insert  a  new  section  therein, 
in  relation  to  court  review  of  removals  of  public  elective  officers  " 
(Int.  No.  460),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  County,  Town  and  Village  Officers. 

Also,  "A  proposition  to  amend  Section  six  of  Article  I  of  the 
Constitution,  in  relation  to  the  trial  of  an  accused  person  upon 
an  information,  without  presentment  or  indictment  by  a  grand 
jury,  upon  the  request  of  such  person  and  the  consent  of  the  dis- 
trict attorney"  (Int.  No.  461),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Bill  of  Bights. 

By  Mr.  Barrett:  "A  proposition  to.  amend  Article  III  of  the 
Constitution,  in  relation  to  laws  relating  to  county  autonomy  " 
(Int.  No.  462),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Counties,  Towns  and  Villages,  their 
Organization,  Government,  etc. 

By  Mr.  C.  H.  Young :  "A  proposition  to  amend  Article  VI  of 
the  Constitution,  by  adding  thereto  a  new  section  to  be  known  as 
section  twenty-four,  regulating  and  limiting  the  office  of  official 
referee"  (Int.  No.  463),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Judiciary. 


CONSTITUTIONAL  CONVENTION  167 

By  Mr.  Wiggins:  "A  proposition  to  amend  Section  six  of 
Article  X  of  the  Constitution,  in  relation  to  the  time  for  the 
legislature  to  assemble  annually"  (Int.  No.  464),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on  The 
Legislature,  its  Organization,  etc. 

By  Mr.  Tierney:  "A  proposition  to  amend  Section  twenty- 
nine  of  Article  III  of  the  Constitution,  in  relation  to  prison 
labor"  (Int.  No.  465),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Prisons,  etc.,  and  the  Prevention 
and  Punishment  of  Crime.  A  printed  copy  to  be  sent  to  the  Com- 
mittee on  Industrial  Interests  and  Relations  with  authority  to 
report  such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Cobb:  "A  proposition  to  amend  Section  sixteen  of 
Article  VI  of  the  Constitution  so  as  to  provide  for  the  creation  of 
a  court  of  claims"  (Int.  No.  466),  which  was  read  twice,  or- 
dered printed  and  referred  to  the  Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Section  eleven  of  Article  VI  of 
the  Constitution  in  relation  to  removal  of  judges  of  the  Court  of 
Claims"  (Int.  No.  467),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Section  eighteen  of  Article  VI 
of  the  Constitution  in  relation  to  removal  of  judges  of  inferior 
local  courts  and  of  the  Court  of  Claims"  (Int.  No.  468),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Judiciary. 

By  Mr.  R.  B.  Smith:  "A  proposition  to  amend  Sections  four, 
eleven  and  twelve  of  Article  VII  of  the  Constitution,  in  relation 
to  State  debts"  (Int.  No.  469),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  the  State  Finances, 
Revenues  and  Expenditures. 

Also,  "A  proposition  to  amend  Article  VIII  of  the  Constitu- 
tion, in  relation  to  funded  debts  of  the  State,  municipal  corpora- 
tions and  school  districts  "  (Int.  No.  470),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  the  State 
Finances,  Revenues  and  Expenditures.  A  printed  copy  to  be 
sent  to  the  Committee  on  Cities  and  to  the  Committee  on  Coun- 
ties, Towns  and  Villages,  their  Organization,  Government,  etc., 
with  authority  to  report  such  opinions  thereon  as  they  may  deem 
advisable. 


168  JOURNAL  OF  THE 

Also,  "A  proposition  to  amend  Article  IX  of  the  Constitution, 
in  relation  to  the  appointment  of  city  school  authorities  "  (Int.  No. 
471),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Education.  A  printed  copy  to  be  sent  to  the  Com- 
mittee on  Cities  with  authority  to  report  such  opinions  thereon  as 
it  may  deem  advisable. 

By  Mr.  Deyo:  "A  proposition  to  amend  Article  IV,  Article  V, 
Article  VIII,  Article  X  and  Article  XI  of  the  Constitution  in 
relation  to  the  method  of  selection  of  the  Secretary  of  State,  Comp- 
troller, Treasurer,  Attorney-General,  State  Engineer  and  Surveyor 
and  other  State  officials "  (Int.  No.  472),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Governor  and 
Other  State  Officers,  etc. 

By  Mr.  Leggett :  "A  proposition  to  amend  Article  XIII  of  the 
Constitution,  relating  to  the  offense  of  bribery"  (Int.  No.  473), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary. 

Also,  "A  proposition  to  amend  Article  VIII  of  the  Constitution 
relating  to  banking  associations"  (Int.  No.  474),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Banking 
and  Insurance. 

By  Mr.  Rodenbeck :  "A  proposition  to  amend  Article  I  of  the 
Constitution,  in  relation  to  reserving  to  the  people  of  the  State 
and  of  localities,  respectively,  the  right,  title  and  use  of  surplus 
water  and  water  power  impounded  or  created  in  the  construction 
of  the  canals  and  other  public  works  "  (Int.  No.  475),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on  Con- 
servation of  Natural  Resources.  A  printed  copy  to  be  sent  to  the 
Committee  on  Public  Utilities  and  to  the  Committee  on  Canals, 
with  authority  to  report  such  opinions  thereon  as  they  may  deem 
advisable. 

Also,  "A  proposition  to  amend  Section  fourteen  of  Article  VI  of 
the  Constitution,  in  relation  to  expediting  legal  proceedings  by  in- 
creasing the  jurisdiction  of  the  county  courts  and  providing  for 
the  transfer  of  actions  from  the  supreme  court  to  the  county 
courts' '  (Int.  No.  476),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Judiciary. 

By   Mr.    Lincoln :  "A   proposition  to  amend   Section   four   of 


CONSTITUTIONAL  CONVENTION  169 

Article  VII  of  the  Constitution  so  as  to  provide  for  the  payment 
in  annual  installments  of  all  debts  created  for  public  improvements 
and  for  the  determination  of  the  probable  life  or  period  of  useful- 
ness of  proposed  improvements"  (Int.  No.  477),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  State 
Finances,  Revenues  and  Expenditures. 

By  Mr.  Sanders:  "A  proposition  to  amend  Article  VII  by  add- 
ing a  new  section  to  be  known  as  Section  thirteen,  relating  to  high- 
ways "  (Int.  No.  478),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Public  Utilities.  A  printed  copy 
to  be  sent  to  the  Committee  on  State  Finances,  Revenues  and  Ex- 
penditures, with  authority  to  report  such  opinions  thereon  as  it 
may  deem  advisable. 

By  Mr.  Westwood :  "A  proposition  to  add  a  new  section  to  Arti- 
cle VII,  to  require  that  provision  be  made  annually  for  the  up- 
keep of  improved  highways"  (Int.  No.  479),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Public 
Utilities.  A  printed  copy  to  be  sent  to  the  Committee  on  State 
Finances,  Revenues  and  Expenditures,  with  authority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Bow :  "A  proposition  to  amend  Section  seven  of  Article 
VII  of  the  Constitution,  generally,  in  relation  to  the  forests  and 
waters  of  the  state  "  (Int.  No.  480),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Conservation  of  Natural 
Resources.  A  printed  copy  to  be  sent  to  the  Committee  on  Gover- 
nor and  Other  State  Officers,  etc.,  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Steinbrink  (by  request)  :  "A  proposition  to  amend 
Section  twelve  of  Article  VI,  relating  to  age  limitation  and  com- 
pensation of  justices  of  the  Supreme  Court  and  of  the  Court  of  Ap- 
peals "  (Int.  No.  481),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Judiciary. 

Mr.  Brackett,  from  the  Committee  on  The  Legislature,  its 
Organization,  etc.,  submitted  the  following  report: 

The  Committee  on  the  Legislature,  its  Organization,  and  the 
Number,     Apportionment,     Election,     Tenure     of     Office     and 


170  JOURNAL  OP  THE 

Compensation  of  its  Members,  to  whom  was  referred  the  resolu- 
tions of  Mr.  Quigg,  which  read  as  follows : 

Resolved  (1),  That  the  Legislature  shall  be  composed,  as  at 
present,  of  two  houses. 

Resolved  (2),  That  it  is  undesirable  that  the  membership  of 
either  house  should  be  increased. 

Resolved  (3),  That  the  holding  of  annual  sessions  is  expedient, 
makes  this  its  report  on  such  resolutions  as  follows : 

That  said  resolutions  be  amended  so  as  to  read  as  follows : 

Resolved,  That  the  Legislature  shall  be  composed  of  a  Senate 
and  an  Assembly. 

Resolved  Further,  That  the  members  of  the  Senate  be  elected 
from  Senate  districts  and  that  the  members  of  the  Assembly  be 
elected  from  Assembly  districts. 

In  recording  and  recommending  the  adoption  of  these  resolu- 
tions, the  Committee  begs  leave  to  submit  the  following  con- 
siderations : 

First:  It  is  very  desirable,  if  indeed  it  is  not  necessary,  that 
the  Committee  shall  have  the  judgment  of  the  Convention  upon 
the  proposition  involved  in  the  resolutions  here  reported.  If 
such  judgment  is  not  given  settling  the  questions  as  to  whether 
the  Legislature  shall  hereafter  consist  of  one  or  of  two  houses  and 
there  should  be  a  disagreement  with  the  report  of  the  Committee 
on  these  propositions,  when  contained  in  a  final  report,  in  case  of 
a  disagreement  by  the  Convention  with  the  Committee  on  these 
two  basic  matters,  the  entire  subsequent  work  of  the  Committee 
with  respect  to  the  number  of  Senators  and  Assemblymen  and  the 
districts  into  which  the  State  shall  be  divided  for  the  purpose 
of  electing  such  Senators  and  Assemblymen  would  go  for  naught. 
Inasmuch  as  such  work  will  be  enormous,  it  is  the  practically 
unanimous  sense  of  the  Committee  that  the  points  embodied  in  the 
resolutions  here  reported  should  be  first  definitely  settled  by  action 
of  the  Convention  and  it  therefore  makes  this  report  of  Mr.  Quigg's 
resolution  and  requests  that  action  may  be  taken  thereon  by  the 
Convention. 

The  Committee  has  considered  with  much  care  the  question  as 
to  whether  there  should  continue  to  be  two  houses  of  the  Legis- 
lature, or  whether  the  propositions  submitted  and  argued  before 
the  Committee  for  one  house  should  prevail.  It  is  recognized  that 
there  is  much  to  be  said,  and  there  has  been  much  said,  to  the 
Committee  that  is  appealing  in  favor  of  one  house. 

In  view,  however,  of  the  fact  that  the  change  from  two  houses 
to  one  would  be  radical,  that  it  would  do  violence  to  the  traditions 
of  the  State,  and  in  view  of  the  practically  unanimous  testimony 


CONSTITUTIONAL  CONVENTION"  171 

of  those  familiar  with  legislative  work  in  the  State  that  con- 
sideration by  two  separate  bodies  tends  to,  and  does,  result  in  more 
mature  deliberation  and,  therefore,  in  more  careful  legislation, 
the  Committee  reports  the  resolutions  before  recited  and  asks  the 
consideration  of  the  Convention  thereon. 
Albany,  N.  Y.,  June  8,  1915. 

Edgar  T.  Brackett, 

Chairman. 

Mr.  Aiken,  from  the  Committee  on  The  Legislature,  its  Organi- 
zation, etc.,  submitted  the  following  report: 

The  undersigned,  a  minority  of  the  Committee  on  The  Legis- 
lature, its  Organization,  etc.,  believing  that  a  single  house  of  the 
Legislature  would  be  more  efficient  and  economical,  and  that  the 
question  of  a  single  or  dual  Legislature  should  be  decided  by  the 
Convention  itself,  hereby  dissent  from  the  report  of  the  majority 
of  said  Committee  and  recommend  that  a  resolution  be  passed  as 
follows : 

Resolved,  That  the  Legislature  consist  of  one  house. 

The  reasons  why  the  minority  members  favor  a  single  house  are 
in  part  as  follows : 

First.  A  single  house  would  concentrate  responsibility.  All 
the  arguments  for  a  short  ballot  are  pertinent  to  a  short  Legis- 
lature. Under  the  present  dual  system  many  vicious  bills  are 
passed  by  one  house,  with  the  thought  that  they  will  be  thrown 
out  when  they  reach  the  other  house.  That  other  house  may,  how- 
ever, pass  the  bills,  casting  back  the  responsibility  on  the  house 
in  which  the  bills  originated.  A  sense  of  real  responsibility  would 
make  committees  which  have  measures  under  consideration  more 
careful  in  reporting  bills  favorably. 

Second.  The  friction  which  sometimes  arises  between  the  two 
houses  prevents  the  passage  of  good  measures  and  often  results  in 
a  deadlock  in  which  even  appropriation  bills  necessary  to  run  the 
State  government  are  held  up. 

Third.  The  present  method  accentuates  the  congestion  of  im- 
portant legislation  which  occurs  at  the  end  of  a  session  when  many 
important  bills  are  amended  and  passed  with  scant  attention. 
Bills  are  rushed  from  one  house  to  another  in  the  few  days  before 
adjournment  and  in  the  confusion  much  undesirable  legislation  is 
passed  and  becomes  law,  unless  the  discerning  and  critical  eye  of 
the  Governor  sees  the  defects  or  vices  of  the  bill  and  it  is  vetoed. 

Fourth.  Not  so  important  a  matter  but  still  one  which  should 
be  considered  is  the  fact  that  the  maintenance  of  a  house  like  the 


172  JOURXAL  OF  THE 

Assembly  costs  $400,000  or  $500,000',  and  if  the  salaries  are  in- 
creased as  seems  probable  it  would  add  still  more  largely  to  the 
expense. 

Now  what  may  be  said  of  the  advantages  of  the  present  system. 
If  a  double  house  can  do  better  work,  or  is  more  desirable  for  any 
reason,  why  not  divide  the  present  Constitutional  Convention  into 
two  parts,  sitting  and  deliberating  apart.  Xo  delegate  in  the  Con- 
vention, we  believe,  would  advise  such  a  course  or  such  a  method 
of  selecting  delegates  in  the  future.  The  following  arguments  are 
made  for  the  present  system,  viz : 

First.  That  the  Assembly  touches  the  people  and  gives  local 
representation.  We  think,  however,  that  the  Senators  just  as  truly 
represent  localities  as  the  Assemblymen  and  that  it  will  be  found 
that  Senators  introduce  nearly  as  many  local  measures  as  Assem- 
blymen. If  there  is  any  force  in  this  argument,  a  house  as 
numerous  as  the  Assembly  might  be  elected.  The  proposition  now 
advanced  does  not  depend  on  the  size  of  the  legislative  body.  If 
home  rule  for  cities  is  granted,  there  will  not  be  the  need  for  local 
legislation. 

Second.  That  one  house  acts  as  a  check  upon  the  other.  We 
have  argued  above  and  believe  that  more  frequently  two  houses 
instead  of  acting  as  a  check  tend  to  remove  the  sense  of  respon- 
sibility and  let  loose  a  flood  of  legislation  which  a  more  responsible 
body  would  restrain.  The  effective  check  upon  undesirable  legis- 
lation is  the  Governor's  veto,  and  this  check  makes  any  other 
unnecessary  and  undesirable. 

Finally,  we  have  the  argument  from  tradition,  that  because  this 
State  has  always  had  two  houses  and  because  the  other  States  have 
two  houses,  we  must  continue  the  present  system.  This  plaster 
cast  of  tradition  may  be  proper  when  conditions  remain  the  same, 
or  where  there  is  no  growth  or  development.  But  let  us  see  first 
what  led  to  the  adoption  of  two  houses  of  the  Legislature.  It  was 
partly  accidental  and  partly  distrust  of  the  people.  It  was 
accidental  in  that  it  followed  the  precedent  of  Parliament 
with  its  House  of  Lords  and  House  of  Commons,  disregarding'  the 
fact  that  there  was  a  reason  for  two  houses  of  Parliament  in  that 
at  that  time  they  represented  different  interests,  the  nobility  or 
landed  gentry  on  the  one  hand  and  the  people  on  the  other,  just 
as  our  Congress  has,  in  its  two  houses,  from  the  start  represented 
two  different  interests,  the  Sovereign  States  of  the  Union  on  the 
one  hand  and  the  people  on  the  other.  But  in  our  State  Legis- 
latures there  is  no  representation  of  different  interests,  but  repre- 
sentatives chosen  from  similar  geographical  areas,  one  somewhat 
larger  than  the  other.  Then  there  was  the  distrust  of  the  people 
which  led  to  the  formation  of  two  legislative  bodies,  just  as  the 
election  of  President  was  consigned  to  a  body  of  electors  who  were 


CONSTITUTIONAL  CONVENTION  173 

supposed  to  exercise  their  independent  judgment  and  not  neces- 
sarily vote  as  the  people  directed. 

It  is  refreshing  to  know  that,  even  in  those  early  days,  when 
our  government  was  forming,  democratic  and  clear-headed  Ben 
Franklin  advocated  a  single  house  for  the  State  Legislature  and 
said  that  making  two  houses  was  like  hitching  a  horse  to  each  end 
of  a  cart  and  letting  them  pull  in  opposite  directions,  a  metaphor 
which  we  have  since  on  various  occasions  seen  verified.  Franklin 
cited  the  famous  political  fable  of  the  snake  with  two  heads  and 
one  body.  "  She  was  going  to  a  brook  to  drink  and  in  her  way 
was  to  pass  through  a  hedge,  a  twig  of  which  opposed  her  direct 
course;  one  head  chose  to  go  on  the  right  side  of  the  twig,  the 
other  on  the  left ;  so  that  time  was  spent  in  the  contest,  and  before 
the  decision  was  completed  the  poor  snake  died  of  thirst." 

We  have  also  the  opinion  of  a  modern  political  philosopher, 
Mr.  Bryce,  who  states  in  his  American  Commonwealth  that  "  the 
real  blemishes  of  State  government  are  all  found  in  the  com- 
position and  conduct  of  the  Legislatures." 

Times  have  changed  since  the  Revolution  and  we  can  hardly 
take  as  an  example  now  the  British  Parliament,  unless  we  wish 
to  create  one  house  of  the  Legislature  with  no  substantial  legis- 
lative power.  The  tendency  toward  efficiency  and  centralization 
in  government  has  made  a  revolution  in  the  British  government 
much  more  vital  than  would  be  the  change  to  a  single  house  in  this 
State. 

We  must  realize  that  there  is  much  dissatisfaction  with  Legis- 
latures and  the  legislative  product.  There  is  a  cry  that  there  is 
too  much  legislation  and  that  the  Legislature  does  not  represent 
public  sentiment.  That  has  found  expression  in  Western  States 
in  the  device  of  the  initiative  and  referendum,  a  bad  substitute 
for  representative  government  but  a  substitute  because  the  people 
have  lost  faith  in  their  Legislatures. 

WTe  believe  the  people  will  welcome  any  change  in  the  Legisla- 
ture which  seeks  to  make  it  more  efficient,  just  as  they  have 
welcomed  commission  form  of  government  for  cities. 

The  fact  that  no  other  State  has  adopted  a  unicameral  Legis- 
lature need  not  deter  New  York,  for  New  York  as  the  Empire 
State  should  lead  the  way. 

Respectfully  submitted, 

E.  Clarence  Aiken, 

Otis  A.  Dennis, 

J.  Sidney  Bernstein. 

On  motion  of  Mr.  Brackett  consideration  of  said  reports  was 
postponed  until  Tuesday  next. 


174  JOURNAL  OF  THE 

Mr.  Wagner  moved  that  the  Committee  on  Suffrage  be  re- 
quested to  express  its  opinion  on  the  resolution  contained  in  the 
report  of  the  Committee  on  The  Legislature,  its  Organization, 
etc.,  on  or  before  Tuesday  next. 

Mr.  Quigg  moved  to  amend  by  including  the  Committee  on 
Canals  and  the  Committee  on  Public  Utilities. 

Mr.  Mereness  moved  to  lay  said  motion  and  amendments  upon 
the  table. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  to  lay  upon  the  table  and  it  was  determined 
in  the  affirmative. 

Mr.  M.  Saxe  from  the  Select  Committee  on  the  holding  of  exer- 
cises to  commemorate  the  700th  anniversary  of  Magna  Charta,  re- 
ported that  in  response  to  the  invitation  sent  to  the  President  of 
the  United  States  he  received  the  following  reply : 

The  White  House,  Washington. 

June  2,  1915 
My  Dear  Senator  Saxe : 

I  am  very  much  complimented  by  the  invitation"  conveyed  by 
your  letter  of  May  twenty-fifth  to  take  part  in  the  celebration  by 
the  Constitutional  Convention  of  the  State  of  New  York  of  the 
700th  anniversary  of  Magna  Charta,  and  wish  that  I  could  feel 
it  possible,  in  spite  of  the  pressure  of  public  business  upon  me, 
to  take  part  in  the  celebration  either  personally  or  by  a  written 
message  in  a  way  that  would  be  worthy  of  so  interesting  and 
significant  an  occasion. 

In  fact,  however,  my  mind  is  so  preoccupied  and  my  energies 
so  absorbed  at  present  that  I  know  only  too  well  that  it  would 
be  impossible  for  me  to  meet  the  occasion  worthily. 

I  can  only  express  to  you  and  to  all  concerned  in  this  kind 
invitation  my  warm  appreciation  and  sincere  regret. 
Very  sincerely  yours, 

(Signed)       WOODKOW  WILSON. 

Hon.  Martin  Saxe,  Constitutional  Convention  of  the  State  of 
New  York,  Albany,  New  York. 

Mr.  Wickersham  moved  to  take  from  the  table  the  resolution 
introduced  by  Mr.  Wagner  in  relation  to  certain  information  re- 
quested f rom.  the  State  Comptroller  reported  by  the  Committee 


CONSTITUTIONAL  CONVENTION  175 

on  Library  and  Information  on  Friday  last,  which  was  agreed 
to. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution  and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Wickersham  the  Convention  adjourned. 


WEDNESDAY,  JUNE  9,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  A.  B.  Obenschain. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Friday,  June  4th, 
was  approved. 

Mr.  Weed  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  Subdivision  one  of  Rule  number  fifty  be 
amended  by  inserting  after  the  word  "  Resolutions"  the  words 
"  proposed  by  a  committee  and  resolutions,"  making  said  sub- 
division read  as  follows,  viz. : 

1.  Resolutions  proposed  by  a  committee  and  resolutions  giving 
rise  to  debate,  except  such  as  shall  relate  to  the  disposition  of  busi- 
ness immediately  before  the  Convention,  to  the  business  of  the  day 
on  which  they  may  be  offered,  or  to  adjournments  or  recesses,  shall 
lie  over  one  day  for  consideration  after  which  they  may  be  called 
up  as  of  course  under  their  appropriate  order  of  business. 

which  was  referred  to  the  Committee  on  Rules. 

Mr.  Low  offered  for  the  consideration  of  the  Convention  a  resolu- 
tion, in  the  words  following: 

Resolved,  That  the  Committee  on  Cities  be  discharged  from  the 
further  consideration  of  proposed  amendment  (No.  317,  Int.  No. 
313)  entitled  "  Proposed  constitutional  amendment  to  amend 
Articles  III,  X  and  XII  of  the  Constitution,  in  relation  to  the 
powers  of  local  government  of  counties,  cities  and  villages." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr.  Low, 
the  same  was  amended  as  follows : 

Page  4,  line  22,  strike  out  last  four  words  "  or  of  all  the  ". 


176  JOURNAL  OF  THE 

Page  4,  line  23,  strike  out  the  first  word  "  villages  ",  also  the 
comma  after  "  city  ",  and  the  7th,  8th  and  9th  words  "  and  each 
village  ". 

Page  4,  line  23,  between  fourth  and  fifth  words  "  city  each  " 
insert  the  word  "  and  ". 

Page  4,  line  26,  after  the  last  word  "  city  "  strike  out  the  comma 
and  insert  the  word  "  or  ". 

Page  5,  line  1,  strike  out  "  or  such  Village  ". 

Page  5,  line  1,  after  the  word  "  county  "  insert  comma  (,). 

Page  5,  line  4,  after  closing  parenthesis  ")"  insert  period  (.). 

Page  5,  strike  out  lines  5  and  6. 

Page  5,  line  7,  strike  out  "  health,  comfort  and  the  general 
welfare  ". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

On  motion  of  Mr.  J.  L.  O'Brian,  a  printed  copy  of  proposed 
amendment  (No.  268,  Int.  No.  265)  entitled  "  Proposed  constitu- 
tional amendment  to  amend  Section  nine  of  Article  V,  relative  to 
fixed  compensations  of  public  officials  within  the  civil  service," 
heretofore  referred  to  the  Committee  on  Civil  Service,  was  ordered 
sent  to  the  Committee  on  Counties,  Towns  and  Villages,  their 
Organization,  Government,  etc.,  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

The  Secretary  called  the  roll  by  districts  and  the  following 
propositions  were  introduced: 

By  Mr.  Coles :  "A  proposition  to  amend  Article  V  of  the  Con- 
stitution, by  adding  a  new  section  thereto,  in  relation  to  public 
service  commissions"  (Int.  No.  482),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Public  Utilities. 
A  printed  copy  to  be  sent  to  the  Committee  on  Governor  and  Other 
State  Officers,  etc.,  with  authority  to  report  such  opinions  thereon 
as  it  may  deem  advisable. 

By  Mr.  Frank  (by  request)  :  "A  proposition  to  amend  Section 
seven  of  Article  I  of  the  Constitution,  relative  to  the  taking  of 
private  property  for  public  purposes  "  (Int.  No.  483),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on  Bill 
of  Rights. 

Also  (by  request),  "A  proposition  to  amend  Section  seven  of 
Article  I  of  the  Constitution,  relative  to  the  taking  of  private  prop- 
erty for  public  purposes"  (Int.  No.  484),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Bill  of  Rights, 


CONSTITUTIONAL  CONVENTION  177 

By  Mr.  Adams  (by  request)  :  "A  proposition  to  amend  Article 
VI  of  the  Constitution,  in  relation  to  the  establishment  of  the  board 
of  judicial  appointment  and  control,  and  to  define  its  powers  and 
duties  "  (Int.  No.  485),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Dahm  (by  request)  :  "A  proposition  to  amend  Article 
III,  Section  one  of  the  Constitution,  by  providing  for  initiative 
and  referendum"  (Int.  No.  486),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Legislative  Powers. 
A  printed  copy  to  be  sent  to  the  Committee  on  The  Legislature,  its 
Organization,  etc.,  and  the  Committee  on  Governor  and  Other 
State  Officers,  etc.,  with  authority  to  report  such  opinions  thereon 
as  they  may  deem  advisable. 

By  Mr.  Reeves:  "A  proposition  to  amend  Section  fifteen  of 
Article  VI  of  the  Constitution,  by  giving  to  surrogates,  in  relation 
to  subject-matters  over  which  they  have  control,  the  same  juris- 
diction and  powers  as  the  Supreme  Court  has  over  matters  within 
its  jurisdiction"  (Int.  No.  487),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Fogarty:  "A  proposition  to  amend  Article  V  of  the 
Constitution,  by  inserting  a  section  in  relation  to  loss  and  damage 
by  explosion  of  pressure  carrying  vessels  "  (Int.  No.  488),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Governor  and  Other  State  Officers,  etc.  A  printed  copy  to  be  sent 
to  the  Committee  on  Industrial  Interests  and  Relations  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Bayes  (by  request)  :  ''A  proposition  to  amend  Article 
XII  of  the  Constitution,  in  relation  to  conferring  power  upon 
cities  to  regulate  the  height  and  use  of  buildings  "  (Int.  No.  489), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Cities. 

Also,  "A  proposition  to  amend  Article  IX  of  the  Constitution, 
in  relation  to  the  exclusion  of  pupils  from  the  public  schools  " 
(Int.  No.  490),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Education. 

Also,  "A  proposition  to  amend  Section  four  of  Article  VI  of 
the  Constitution,  in  relation  to  terms  of  office  of  justices  of  the 

12 


178  JOURNAL  OF  THE 

Supreme  Court  "  (Int.  No.  491),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Sargent:  "A  proposition  to  amend  Article  III  of  the 
Constitution,  in  relation  to  monopolies  and  combinations  in  re- 
straint of  trade"  (Int.  No.  492),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Legislative  Powers.  A 
printed  copy  to  be  sent  to  the  Committee  on  Corporations  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  A.  E.  Smith :  "A  proposition  to  amend  Article  III  of 
the  Constitution,  in  relation  to  the  power  of  the  Legislature  to 
provide  for  the  assessment  of  property  of  a  municipal  corporation 
situated  outside  of  the  boundaries  of  the  corporation  "  (Int.  No. 
493),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Legislative  Powers.  A  printed  copy  to  be  sent  to 
the  Committee  on  Cities  and  the  Committee  on  Taxation  with 
authority  to  report  such  opinions  thereon  as  they  may  deem  ad- 
visable. 

By  Mr.  Harawitz:  "A  proposition  to  amend  Article  I  of  the 
Constitution,  in  relation  to  appeals  as  a  matter  of  right  in  all 
criminal  cases"  (Int.  No.  494),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Bill  of  Rights.  A 
printed  copy  to  be  sent  to  the  Committee  on  Judiciary  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Foley:  "A  proposition  to  amend  Article  III  of  the 
Constitution,  in  relation  to  legislative  bodies  of  cities  of  the  first 
class  "  (Int.  No.  495),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Cities. 

By  Mr.  T.  F.  Smith:  "A  proposition  to  amend  Article  VIII 
of  the  Constitution,  in  relation  to  taxation  of  State  property  " 
(Int.  No.  496),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Taxation.  A  printed  copy  to  be  sent 
to  the  Committee  on  Counties,  Towns  and  Villages,  their  Organiza- 
tion, Government,  etc.,  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Sections  four  and  six  of  Article 
II  of  the  Constitution,  in  relation  to  laws  governing  elections  and 
election  officers"  (Int.  No.  497),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Suffrage. 


CONSTITUTIONAL  CONVENTION  179 

By  Mr.  J.  G.  Saxe :  "A  proposition  to  amend  Article  IV,  Sec- 
tions one,  two,  three,  four,  five,  six,  seven,  eight  and  nine  and 
Article  V,  Sections  one,  two,  three,  four,  five,  six,  seven,  eight  and 
nine,  relating  to  the  organization  of  the  executive  branch  of  the 
government,  and  the  powers  and  duties  of  the  Governor  and  other 
State  officers"  (Int.  No.  498),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Governor  and  Other 
State  Officers,  etc.  A  printed  copy  to  be  sent  to  the  Committee 
on  the  State  Finances,  Revenues  and  Expenditures,  with  authority 
to  report  such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Parsons  (by  request)  :  "A  proposition  to  amend  Article 
VI  of  the  Constitution,  in  relation  to  the  nomination  and  election 
of  judges  of  the  Court  of  Appeals  and  justices  of  the  Supreme 
Court"  (Int.  No.  499),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Article  I  of  the  Constitution,  in 
relation  to  the  taking  and  regulation  of  private  property  for  public 
uses  "  (Int.  No.  500),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Bill  of  Bights. 

Also,  aA  proposition  to  amend  Article  III,  Section  seven  of  the 
Constitution,  in  regard  to  holding  another  civil  office  by  members 
of  the  Legislature  "  (Int.  No.  501),  which  was  read  twice^  ordered 
printed  and  referred  to  the  Committee  on  The  Legislature,  its 
Organization,  etc. 

By  Mr.  Shipman:  "A  proposition  to  amend  Section  eight  of 
Article  VI  of  the  Constitution,  so  as  to  provide  for  appointive 
and  elected  judges  of  the  Court  of  Appeals  "  (Int.  No.  502), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary. 

Also,  "A  proposition  to  amend  Section  four  of  Article  VI  of 
the  Constitution,  so  as  to  provide  for  appointive  and  elected 
justices  of  the  Supreme  Court"  (Int.  No.  503),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Article  VIII,  Section  three  of 
the  Constitution,  relating  to  corporations  "  (Int.  No.  504),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee 
on  Corporations. 

By  Mr.  F.  Martin:    "A  proposition  to  amend  Article  X  of  the 


180  JOURNAL  OF  THE 

Constitution,  in  relation  to  compensation  of  public  officers  and 
employees  while  receiving  pensions"  (Int.  No.  505),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Governor  and  Other  State  Officers,  etc.  A  printed  copy  to  be  sent 
to  the  Committee  on  Cities  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

By  Mr.  F.  L.  Young  (by  request) :  "A  proposition  to  amend 
Section  two  of  Article  IX  of  the  Constitution,  in  relation  to  the 
University  of  the  State  of  New  York  and  the  Board  of  Regents  " 
(Int.  No.  506),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Education.  A  printed  copy  to  be 
sent  to  the  Committee  on  Governor  and  Other  State  Officers,  etc., 
with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

By  Mr.  Rosch:  "A  proposition  to  amend  Section  eleven  of 
Article  VIII  of  the  Constitution,  so  as  to  provide  for  changing 
the  name  of  the  State  Commission  of  Prisons  to  that  of  the  State 
Board  of  Correction,  and  defining  its  duties''  (Int.  No.  507), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Prisons,  etc.,  and  the  Prevention  and  Punishment  of 
Crime.  A  printed  copy  to  be  sent  to  the  Committee  on  Governor 
and  Other  State  Officers,  etc.,  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Quigg:  "A  proposition  to  amend  Section  nine  of  Article 
V  of  the  Constitution,  in  relation  to  civil  service  appointments 
and  promotions"  (Int.  No.  508),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Civil  Service. 

By  Mr.  Austin:  "A  proposition  to  amend  Section  four,  Article 
VII  of  the  Constitution,  relative  to  the  power  of  the  Legislature 
to  create  debts,  prescribing  the  character  of  the  bonds  to  be  issued 
as  evidencing  such  debts,  and  providing  the  manner  of  payment 
thereof"  (Int.  No.  509),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  the  State  Finances,  Revenues 
and  Expenditures. 

Also,  "A  proposition  to  amend  Article  VII,  Section  eight  of 
the  Constitution,  relative  to  the  application  of  funds  derived  from 
the  lease,  sale  or  other  disposition  of  canal  lands  "  (Int.  No.  510), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 


CONSTITUTIONAL  CONVENTION  181 

mittee  on  Canals.  A  printed  copy  to  be  sent  to  the  Committee  on 
the  State  Finances,  Revenues  and  Expenditures,  with  authority 
to  report  such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  E.  N.  Smith :  aA  proposition  to  amend  Section  one  of 
Article  XII,  by  providing  for  home  rule  in  cities  as  to  local 
affairs''  (Int.  No.  511),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Cities.  A  printed  copy  to  be 
sent  to  the  Committee  on  Counties,  Towns  and  Villages,  their 
Organization,  Government,  etc.,  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Section  seven  of  Article  I  of 
the  Constitution,  in  relation  to  the  regulation  of  the  flow  of  streams 
and  the  development  of  water  power  and  taking  private  property 
therefor"  (Int.  No.  512),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Bill  of  Rights.  A  printed  copy 
to  be  sent  to  the  Committee  on  Conservation  of  Natural  Resources 
with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

By  Mr.  Schurman;  "A  proposition  to  amend  Section  one  of 
Article  IX  of  the  Constitution,  in  relation  to  the  supervision  and 
control  of  education  by  the  State"  (Int.  No.  513),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Education. 

By  Mr.  Nye:  "A  proposition  to  amend  Section  twenty  of 
Article  VI  of  the  Constitution,  changing  the  size  of  counties  in 
which  surrogates  and  county  judges  are  prohibited  from  practicing 
from  one  hundred  and  twenty  thousand  to  one  hundred  and  sixty 
thousand  "  (Int.  No.  514),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Mandeville:  "A  proposition  to  amend  Article  VI  of 
the  Constitution,  by  adding  thereto  a  new  section  to  be  known  as 
Section  fifteen-a  providing  for  a  court  of  claims  "  (Int.  No.  515), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary. 

By  Mr.  Johnson :  "A  proposition  to  amend  Section  six,  Article 
IV,  in  relation  to  conditions  under  which  the  Lieutenant-Gov- 
ernor shall  act  as  Governor"  (Int.  No.  516),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Gov- 
ernor and  Other  State  Officers,  etc. 


182  JOURNAL  OF  THE 

Also,  "A  proposition  to  amend  Section  seven,  Article  IV,  rela- 
tive to  the  right  of  succession  to  the  governorship  "  (Int.  No. 
517),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Governor  and  Other  State  Officers,  etc. 

Also,  "A  proposition  to  amend  Section  thirteen,  Article  VI, 
relative  to  the  trial  of  impeachments  "  (Int.  No.  518),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Judiciary. 

By  Mr.  Clinton:  "A  proposition  to  amend  Section  eight  of 
Article  VII  of  the  Constitution,  relative  to  the  sale,  lease  or  other 
disposition  of  the  canals  and  canal  basins,  slip3  and  terminals, 
and  disposition  of  funds  "  (Int.  No.  519),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Canals.  A 
printed  copy  to  be  sent  to  the  Committee  on  the  State  Finances, 
Revenues  and  Expenditures  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

By  Mr.  Lincoln:  "A  proposition  to  amend  Section  eleven  of 
Article  VII  of  the  Constitution,  relating  to  the  payment  of  State 
debts  out  of  funds  in  the  State  treasury  "  (Int.  No.  520),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
State  Finances,  Revenues  and  Expenditures. 

Also,  "A  proposition  to  amend  Section  twelve  of  Article  VII 
of  the  Constitution,  relating  to  the  creation  of  indebtedness  for 
highway  improvement"  (Int.  No.  521),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  the  State 
Finances,  Revenues  and  Expenditures.  A  printed  copy  to  be  sent 
to  the  Committee  on  Public  Utilities  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Deyo:  "A  proposition  to  amend  Section  eleven  of 
Article  VI  of  the  Constitution,  relative  to  the  removal  of  judges  " 
(Int.  No.  522),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Judiciary. 

Mr.  S.  K.  Phillips,  from  the  Committee  on  Contingent  Ex- 
penses, to  which  was  referred  the  resolution  relative  to  printing  as 
a  document  the  report  of  the  State  Comptroller  in  relation  to  com- 
pensation of  county  treasurers,  reported  in  favor  of  the  adoption  of 
the  following  resolution: 

Resolved,  That  the  report  of  the  State  Comptroller  in  relation 
to  the  compensation  of  county  treasurers  be  printed  as  a  document 
of  the  Convention. 


CONSTITUTIONAL  CONVENTION  183 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  M.  Saxe,  from  the  select  committee  on  the  holding  of  exer- 
cises to  commemorate  the  seven  hundredth  anniversary  of  Magna 
Chart  a,  submitted  the  following  report  with  respect  to  the  seating 
arrangements  in  the  Assembly  Chamber  on  the  evening  of  June  15  : 

The  delegates  are  to  occupy  their  regular  seats. 

The  representatives  of  the  colleges  and  universities  of  the  State 
will  be  assigned  to  seats  in  the  well. 

Seats  will  be  placed  around  the  Chamber  and  in  the  rear  thereof 
for  the  accommodation  of  the  friends  of  delegates  who  accompany 
them  to  the  Chamber  that  evening;  these  seats  will  be  reserved 
until  8  o'clock. 

At  8  o'clock  the  doors  will  be  opened  to  the  general  public  in  so 
far  as  the  accommodations  will  allow. 

It  is  respectfully  requested  that  in  view  of  the  limited  seating 
capacity  of  the  Assembly  Chamber  the  delegates  will  cooperate 
with  the  committee  in  expediting  the  seating  of  visitors. 

Mr.  Betts  and  Mr.  Berri  were  excused  from  the  sessions  for  the 
remainder  of  the  week. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


THURSDAY,  JUNE  10,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  Rush  Rhees. 

On  motion  of  Mr.  Wicker  sham,  the  journal  of  Tuesday,  June 
8th,  was  approved. 

Mr.  T.  F.  Smith  presented  the  memorial  of  the  Society  of 
Tammany  or  Columbian  Order,  which  was  read  and  the  first 
portion  thereof  referred  to  the  Committee  on  Bill  of  Rights,  the 
second  portion  to  the  Committee  on  Judiciary  and  the  third 
portion  thereof  to  the  Committee  on  the  Legislature,  its  Organiza- 
tion, etc. 


134  JOURNAL  OF  THE 

Mr.  T.  F.  Smith  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  memorial  of  the  Society  of  Tammany  or 
Columbian  Order  be  printed  as  a  document  of  the  Convention. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  Wood  presented  the  memorial  of  the  Alert  Hose  and 
Chemical  Company,  which  was  referred  to  the  Committee  on 
Judiciary  and  the  Committee  on  Civil  Service. 

Mr.  President  presented  the  report  of  the  legislative  committee 
of  the  Binghamton  Engineering  Society,  which  was  referred  to 
the  Committee  on  Governor  and  Other  State  Officers,  etc. 

Mr.  President  presented  the  communication  of  the  Lieutenant- 
Governor,  Acting  Governor,  in  response  to  the  resolution  of  the 
Convention  passed  May  20th,  which  was  referred  to  the  Committee 
on  Library  and  Information. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  Secretary  cause  to  be  printed  for  the  use  of 
the  members  of  the  Convention  five  hundred  (500)  copies  of  the 
Rules  of  the  Convention,  printed  document  No.  3,  as  amended  to 
date. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Low  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Legislative  Powers  be  dis- 
charged from  the  further  consideration  of  proposed  amendment 
(No.  28,  Int.  No.  28)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  the  Constitution,  by  inserting  a  new  section  on 
franchises  in  Article  III." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr.  Low, 
the  same  was  amended  as  follows : 

Page  1,  line  3,  after  "  petuity  "  insert  "  nor  shall  the  granting 
of  a  franchise  be  deemed  to  confer  the  right  to  include  in  the  charge 
for  services,  any  return  upon  the  value  of  the  franchise  or  grant 
itself,  in  excess  of  a  fair  return  upon  the  amount  expended  in  con- 
struction or  maintenance." 


CONSTITUTIONAL  CONVENTION  185 

Page  1,  line  11,  after  the  last  word  "  holders."  insert  "  The  right 
of  the  granting  power  to  resume  a  franchise  shall  include  the  power 
to  provide  for  a  direct  transfer  of  physical  property  employed  in 
connection  therewith  to  a  new  holder  upon  payment  of  compensa- 
tion therefor.  In  the  resumption  of  a  franchise  or  readjustment 
of  financial  terms  the  holder  thereof  shall  not  be  entitled  to  any 
return  upon  the  value  of  the  franchise  or  grant  itself,  in  excess  of 
a  fair  return  upon  the  money  actually  expended  in  construction  or 
maintenance." 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.  Wiggins  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Whereas,  The  publishers  of  Case  and  Comment  have  presented 
to  the  members  of  the  Constitutional  Convention  the  June  num- 
ber of  that  magazine,  which  contains  articles  upon  the  justice's 
and  inferior  courts,  which  subjects  are  now  before  this  Convention ; 
now  be  it 

Resolved,  That  this  Convention,  through  its  'Secretary,  express 
to  the  publishers  of  Case  and  Comment  its  appreciation  of  the 
courtesy  shown  the  members  of  this  Convention  in  the  presenta- 
tion of  such  magazine  to  them. 

Said  resolution  giving  rise  to  debate,  ordered  that  the  same  be 
laid  upon  the  table. 

Mr.  Tuck  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  the  Judiciary  be  discharged 
from  the  further  consideration  of  proposed  amendment  (No.  164, 
Int.  No.  164)  entitled  "  Proposed  constitutional  amendment  to 
amend  Section  twelve  of  Article  VI  of  the  Constitution,  so  as  to 
provide  for  the  holding  of  special  and  trial  terms  of  the  Supreme 
Court  by  judges  of  the  Court  of  Appeals  and  justices  of  the 
Supreme  Court  retired  for  age." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr.  Tuck, 
the  same  was  amended  as  follows : 

Page  1,  line  10,  strike  out  the  italic  words  "  per  diem  ". 

Page  2,  lines  1  and  2,  strike  out  the  italic  words  "  proportion- 
ate to  the  salary  of  a  justice  of  the  Supreme  Court  as  fixed 
hereby."  and  substitute  in  italics  the  following:  "  Of  fifty  dollars 
for  each  day  necessarily  spent  in  the  holding  of  such  terms  and  in 
considering  and  deciding  controversies  submitted  therein." 


186  JOURNAL  OF  THE 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.  Kirby  offered  for  the  consideration  of  the  Convention  a 
re-solution,  in  the  words  following: 

Resolved,  That  the  Comptroller  be  directed  to  furnish  the  Con- 
vention with  the  amounts  paid  during  the  last  fiscal  year  to  special 
counsel,  to  the  Attorney-General,  the  amounts  paid  to  attorneys 
and  counsel  to  the  various  departments  of  the  State  government  and 
the  amounts  paid  to  attorneys  in  the  various  counties  in  the  State 
in  the  matter  of  the  collection  of  transfer  taxes. 

which  was  referred  to  the  Committee  on  Library  and  Information. 

The  Secretary  called  the  roll  by  districts  and  the  following 
propositions  were  introduced: 

By  Mr.  Coles :  "A  proposition  to  amend  Section  twenty-six  of 
Article  III  of  the  Constitution,  in  relation  to  boards  of  super- 
visors" (Int.  No.  523),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Counties,  Towns  and  Villages, 
their  Organization,  Government,  etc.  A  printed  copy  to  be  sent 
to  the  Committee  on  Legislative  Powers  with  authority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Article  III  of  the  Constitution, 
in  relation  to  optional  plans  for  the  government  of  counties  "  (Int. 
No.  524),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Counties,  Towns  and  Villages,  their  Organiza- 
tion, Government,  etc.  A  printed  copy  to  be  sent  to  the  Com- 
mittee on  Legislative  Powers  with  authority  to  report  such  opin- 
ions thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Article  III  of  the  Constitution, 
by  adding  a  section  thereto  providing  for  the  distribution  to 
libraries  and  schools  of  books,  pamphlets  and  maps  published  by 
the  State"  (Int.  No.  525),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Education.  A  printed  copy  to 
be  sent  to  the  Committee  on  Legislative  Powers  with  authority  to 
report  such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Bannister :  "A  proposition  to  amend  Article  VII  of  the 
Constitution,  in  relation  to  disposition  of  State  moneys  derived 
from  transfer  taxes"  (Int.  No.  526),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  the  State  Fi- 
nances, Revenues  and  Expenditures. 


CONSTITUTIONAL  CONVENTION  187 

By  Mr.  Keeves:  "A  proposition  to  amend  Article  VI  of  the 
Constitution,  in  relation  to  a  land  division  of  the  Supreme  Court " 
(Int.  No.  527),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Judiciary. 

By  Mr.  Steinbrink  (by  request)  :  "A  proposition  to  amend 
Section  nine  of  Article  V  of  the  Constitution,  in  relation  to  em- 
ployees in  the  civil  service  of  the  State"  (Int.  No.  528),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Civil  Service. 

By  Mr.  Bayes :  "A  proposition  to  amend  Section  one  of  Article 
XI  of  the  Constitution,  in  relation  to  persons  subject  to  militia 
and  military  service"  (Int.  No.  529),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Bill  of  Bights. 
A  printed  copy  to  be  sent  to  the  Committee  on  Militia  and  Military 
Aifairs  with  authority  to  report  such  opinions  thereon  as  it  may 
deem  advisable. 

By  Mr.  Latson  (by  request)  :  "A  proposition  to  amend  Article 
XI  of  the  Constitution,  in  relation  to  the  unorganized  militia  " 
(Int.  No.  530),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Militia  and  Military  Affairs. 

Also  (by  request),  "A  proposition  to  amend  Section  four  of 
Article  XI  of  the  Constitution,  in  relation  to  the  appointment  of 
military  officers  by  the  Governor"  (Int.  No.  531),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Militia  and  Military  Affairs.  A  printed  copy  to  be  sent  to  the 
Committee  on  Governor  and  Other  State  Officers,  etc.,  with  author- 
ity to  report  such  opinions  thereon  as  it  may  deem  advisable. 

Also  (by  request),  "A  proposition  to  amend  Section  one  of 
Article  XI  of  the  Constitution,  in  relation  to  the  composition  of 
the  State  militia"  (Int.  No.  532),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Militia  and  Military 
Affairs. 

Also  (by  request),  "A  proposition  to  amend  Section  three  of 
Article  XI  of  the  Constitution,  in  relation  to  the  organization  of 
the  militia  "  (Int.  No.  533),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Militia  and  Military  Affairs. 

Also  (by  request),  "A  proposition  to  amend  Section  five  of 
Article  XI  of  the  Constitution,  in  relation  to  the  manner  of 


188  JOUKNAL  OF  THE 

election  of  military  officers  prescribed  by  Legislature"  (Int.  No. 
534),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Militia  and  Military  Affairs.  A  printed  copy  to  be 
sent  to  the  Committee  on  Legislative  Powers  with  authority  to 
report  such  opinions  thereon  as  it  may  deem  advisable. 

Also  (by  request),  "A  proposition  to  amend  Section  six  of 
Article  XI  of  the  Constitution,  in  relation  to  the  removal  of 
commissioned  officers  for  absence  without  leave"  (Int.  No.  535), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Militia  and  Military  Affairs.  A  printed  copy  to  be 
sent  to  the  Committee  on  Governor  and  Other  State  Officers,  etc., 
with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

By  Mr.  Brenner  (by  request)  :  "A  proposition  to  amend  Sec- 
tions seventeen  and  eighteen  of  Article  VI  of  the  Constitution,  in 
relation  to  local  judicial  officers  and  local  courts,  in  cities"  (Int. 
No.  536),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Judiciary. 

By  Mr.  A.  E.  Smith :  "A  proposition  to  amend  Article  IX  of 
the  Constitution,  in  relation  to  repealing  section  four  thereof, 
relative  to  State  aid  for  denominational  schools"  (Int.  No.  537), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Education.  A  printed  copy  to  be  sent  to  the  Committee 
on  Legislative  Powers  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

By  Mr.  Ahearn  (by  request)  :  "A  proposition  to  amend  Article 
VI  of  the  Constitution,  to  provide  for  the  creation  of  a  child 
welfare  commission  for  the  trial  of  juvenile  delinquents"  (Int. 
No.  538),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Prisons,  etc.,  and  the  Prevention  and  Punish- 
ment of  Crime.  A  printed  copy  to  be  sent  to  the  Committee  on 
Judiciary  and  the  Committee  on  Governor  and  Other  State 
Officers,  etc.,  with  authority  to  report  such  opinions  thereon  as 
they  may  deem  advisable. 

By  Mr.  Foley:  "A  proposition  to  amend  Article  XIV  by  adding 
a  new  Section  two,  providing  for  constitutional  amendment  by 
initiative,  and  renumbering  the  present  Sections  two  and  three  " 


CONSTITUTIONAL  CONVENTION  189 

(Int.  No.  539),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Future  Amendments  and  Revisions 
of  the  Constitution. 

By  Mr.  J.  G.  Saxe:  "A  proposition  to  amend  Article  IV,  Sec- 
tions one,  two,  three,  four,  five,  six,  seven,  eight  and  nine  and 
Article  V,  Sections  one,  two,  three,  four,  five,  six,  seven,  eight  and 
nine,  relating  to  the  organization  of  the  executive  branch  of  the 
government,  and  the  powers  and  duties  of  the  Governor  and  other 
State  officers"  (Int.  No.  540),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Governor  and  Other 
State  Officers,  etc.  A  printed  copy  to  be  sent  to  the  Committee 
on  the  State  Finances,  Revenues  and  Expenditures  with  authority 
to  report  such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Stimson:  aA  proposition  to  amend  Article  VI  of  the 
Constitution,  in  relation  to  the  nomination  of  judges  "  (Int.  No. 
541),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Article  VI,  Section  eighteen,  in 
relation  to  the  jurisdiction  of  inferior  or  local  courts  "  (Int.  No. 
542),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Judiciary. 

By  Mr.  Parsons:  "A  proposition  to  amend  Article  VII,  by 
adding  a  section  to  authorize  the  acquisition  of  forests"  (Int.  No. 
543),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Conservation  of  Natural  Resources. 

Also,  aA  proposition  to  amend  Article  VI  of  the  Constitution, 
by  adding  a  section  providing  for  advisory  opinions  of  the  Court 
of  Appeals  on  constitutionality  of  proposed  statutes  "  (Int.  No. 
544),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Article  V,  to  establish  a  State 
department  of  labor"  (Int.  No.  545),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Industrial 
Interests  and  Relations.  A  printed  copy  to  be  sent  to  the  Com- 
mittee on  Governor  and  Other  State  Officers,  etc.,  with  authority  to 
report  such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Low:  "A  proposition  to  amend  Article  I  of  the  Con- 
stitution, in  relation  to  grants  of  land  under  water"  (Int.  No. 
546),  which  was  read  twice,  ordered  printed  and  referred  to  the 


190  JOURNAL  OF  THE 

Committee  on  Conservation  of  Natural  Eesources.  A  printed 
copy  to  be  sent  to  the  Committee  on  Canals  with  authority  to 
report  such  opinions  thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Article  III,  to  establish  a  legis- 
lative drafting  bureau"  (Int.  No.  547),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Legislative 
Powers. 

Also  (by  request),  "A  proposition  to  amend  Article  III  of  the 
Constitution,  in  relation  to  the  granting  of  franchises"  (Int.  No. 
548),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Legislative  Powers. 

Also  (by  request),  "A  proposition  to  amend  Article  III  of  the 
Constitution,  in  relation  to  the  granting  of  lands  under  water" 
(Int.  No.  549),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Conservation  of  Natural  Resources. 
A  printed  copy  to  be  sent  to  the  Committee  on  Canals  with  author- 
ity to  report  such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Tanner:  "A  proposition  to  amend  Section  nineteen  of 
Article  III  of  the  Constitution,  in  relation  to  the  passage  of  private 
claim  bills  "  (Int.  No.  550),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Legislative  Powers. 

By  Mr.  Eisner :  "A  proposition  to  amend  Section  one  of  Article 
II  of  the  Constitution,  in  relation  to  qualification  of  voters  "  (Int. 
No.  551),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Suffrage. 

Also,  "A  proposition  to  amend  Article  IV,  Section  four  of  the 
Constitution,  in  relation  to  Governor's  power  of  removal"  (Int. 
No.  552),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Governor  and  Other  State  Officers,  etc. 

Also,  "A  proposition  to  amend  Article  XI  of  the  Constitution, 
in  relation  to  powers  of  cities  and  villages  "  (Int.  No.  553),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Cities.  A  printed  copy  to  be  sent  to  the  Committee  on  Counties, 
Towns  and  Villages,  their  Organization,  Government,  etc.,  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Article  I,  Section  nineteen  of 
the  Constitution,  in  relation  to  social  and  industrial  justice  "  (Int. 
No.  554),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Industrial  Interests  and  Relations.    A  printed 


CONSTITUTIONAL  CONVENTION  191 

copy  to  be  sent  to  the  Committee  on  Legislative  Powers  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Article  V,  Sections  one,  two, 
three  and  four  of  the  Constitution,  in  relation  to  short  ballot,  and 
eliminating  necessity  of  confirmation  by  Senate  of  Governor's  ap- 
pointments "  (Int.  No.  555),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Governor  and  Other 
State  Officers,  etc. 

Also,  "A  proposition  to  amend  Article  III  of  the  Constitution, 
in  relation  to  initiative  and  referendum"  (Int.  No.  556),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Legislative  Powers. 

Also  (by  request),  "A  proposition  to  amend  Article  XIII  by 
adding  at  the  end  thereof  a  new  section  to  be  known  as  section 
seven,  in  relation  to  recall  "  (Int.  No.  557),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Governor  and 
Other  State  Officers,  etc. 

Also  (by  request),  "A  proposition  to  amend  the  Constitution 
by  incorporation  therein  of  a  new  article,  to  be  known  as  Article 
.  .  .  . ,  in  relation  to  determination  of  the  constitutionality  of 
statutes"  (Int.  No.  558),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Griffin:  "A  proposition  to  amend  Article  III  of  the 
Constitution  by  striking  out  therefrom  Section  four,  relating  to 
enumerations  and  reapportionments,  and  substituting  in  the  place 
thereof  a  new  section  dispensing  with  the  State  census,  and  basing 
the  apportionment  of  Senators  and  Assemblymen  upon  the  number 
of  voters  participating  in  elections  for  Governor"  (Int.  No.  559), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  the  Legislature,  its  Organization,  etc. 

By  Mr.  Wiggins :  "A  proposition  to  amend  Section  eighteen  of 
Article  VI,  in  relation  to  inferior  local  courts  by  increasing  ter- 
ritorial and  personal  jurisdiction"  (Int.  No.  560),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Judiciary. 

Also,  "A  proposition  to  amend  Section  seventeen  of  Article  VI 
of  the  Constitution,  in  relation  to  justices  of  the  peace  in  cities 
and  fixing  their  territorial  jurisdiction"  (Int.  No.  561),  which 


192  JOURNAL  OF  THE 

was  read  twice,  ordered  printed  and  referred  to  the  Committee 
on  Judiciary. 

By  Mr.  Rosch:  "A  proposition  to  amend  Section  fifteen  of 
Article  VI  of  the  Constitution,  in  relation  to  the  Legislature 
grading  the  salaries  of  county  judges  and  surrogates  according 
to  population  of  respective  counties"  (Int.  No.  562),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Judiciary. 

By  Mr.  Vanderlyn :  "A  proposition  to  amend  Section  seventeen 
of  Article  VI,  conferring  the  judicial  functions  of  justices  of 
peace  in  the  towns  of  the  State  on  duly  elected  trial  justices  of 
the  peace"  (Int.  No.  563),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Clearwater:  "A  proposition  to  amend  Article  VI  of 
the  Constitution  by  adding  a  new  section  thereto  to  be  known  as 
Section  twenty-four,  in  relation  to  the  establishment  and  jurisdic- 
tion of  children's  courts  and  courts  of  domestic  relations"  (Int. 
No.  564),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Judiciary.  A  printed  copy  to  be  sent  to  the 
Committee  on  Prisons,  etc.,  and  the  Prevention  and  Punishment 
of  Crime,  with  authority  to  report  such  opinions  thereon  as  it 
may  deem  advisable. 

Also,  "A  proposition  to  amend  Section  eleven  of  Article  VIII 
of  the  Constitution  of  the  State  of  New  York,  in  relation  to  the 
State  Probation  Commission"  (Int.  No.  565),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Prisons, 
etc.,  and  the  Prevention  and  Punishment  of  Crime.  A  printed 
copy  to  be  sent  to  the  Committee  on  Governor  and  Other  State 
Officers,  etc.,  with  authority  to  report  such  opinions  thereon  as  it 
may  deem  advisable. 

By  Mr.  Mealy  (by  request)  :  "A  proposition  to  amend  Section 
eighteen  of  Article  III,  in  relation  to  the  operation  of  motor  bus 
lines  in  cities"  (Int.  No.  566),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Public  Utilities.  A 
printed  copy  to  be  sent  to  the  Committee  on  Cities  with  authority 
to  report  such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Barnes:  "A  proposition  to  amend  Section  eighteen  of 
Article  III  of  the  Constitution,  in  relation  to  limitations  of  the 


CONSTITUTIONAL  CONVENTION  193 

power  of  the  Legislature  to  pass  private  or  local  bills  "  (Int.  No. 
567),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Legislative  Powers. 

By  Mr.  Ostrander:  "A  proposition  to  amend  Article  XII,  Sec- 
tion two,  in  relation  to  special  city  laws  and  their  returns  to  the 
Legislature"  (Int.  No.  568),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Cities. 

By  Mr.  Angell:  "A  proposition  to  amend  Article  V  of  the 
Constitution,  by  adding  a  new  section  thereto  providing  for  a 
conservation  advisory  board"  (Int.  No.  569),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Con- 
servation of  Natural  Resources.  A  printed  copy  to  be  sent  to  the 
Committee  on  Governor  and  Other  State  Officers,  etc.,  with  author- 
ity to  report  such  opinions  thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Section  seven  of  Article  VII  of 
the  Constitution,  by  changing  the  boundaries  of  the  Forest  Pre- 
serve, permitting  the  removal  of  mature  timber  therefrom  "  (Int. 
No.  570),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Conservation  of  Natural  Resources. 

Also,  "A  proposition  to  amend  Article  V  of  the  Constitution, 
by  adding  a  new  section  to  provide  for  a  conservation  commission  " 
(Int.  No.  571),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Conservation  pf  Natural  Resources. 
A  printed  copy  to  be  sent  to  the  Committee  on  Governor  and  Other 
State  Officers,  etc.,  with  authority  to  report  such  opinions  thereon 
as  it  may  deem  advisable. 

By  Mr.  Tierney:  "A  proposition  to  amend  'Section  fifteen  of 
Article  VI  of  the  Constitution,  in  relation  to  requiring  the  offices 
of  county  judge  and  surrogate  to  be  combined  in  one  officer  in 
counties  having  a  population  of  not  over  one  hundred  and  twenty 
thousand  "  (Int.  No.  572),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Dunmore :  "A  proposition  to  amend  Article  III  of  the 
Constitution,  in  relation  to  powers  of  the  Legislature  to  pass  bills 
and  of  State  agencies  and  officials  to  adopt  regulations  "  (Int.  No. 
573),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Legislative  Powers. 

13  -   •_    -■ 


194  JOURNAL  OF  THE 

Also,  "A  proposition  to  amend  Article  III  of  the  Constitution, 
in  relation  to  powers  of  the  Legislature  to  pass  bills  and  of  State 
agencies  and  officials  to  adopt  regulations  "  (Int.  No.  574),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Legislative  Powers. 

By  Mr.  Oullinan:  "A  proposition  to  amend  Section  ten  of 
Article  I  of  the  Constitution,  in  respect  to  the  ownership  by  the 
State  of  all  waters  within  its  jurisdiction  "  (Int.  No.  575),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee 
on  'Canals.  A  printed  copy  to  be  sent  to  the  Committee  on  Con- 
servation of  Natural  Eesources  with  authority  to  report  such  opin- 
ions thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Article  III  of  the  Constitution, 
in  relation  to  taxing  the  sale  of  cigarettes  "  (Int.  No.  576),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Taxation.  A  printed  copy  to  be  sent  to  the  Committee  on  the  State 
Finances,  Revenues  and  Expenditures  with  authority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  that  part  of  (Section,  four  of 
Article  VII  of  the  iConstitution,  relative  to  voting  upon  the  ques- 
tion of  authorizing  the  iState  to  contract  indebtedness  "  (Int.  No. 
577),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  the  State  Finances,  Revenues  and  Expenditures, 

Also,  "A  proposition  to  amend  Section  three  of  Article  V  of 
the  'Constitution,  creating  a  department  of  commerce  and  naviga- 
tion having  jurisdiction  over  the  canals,  harbors  and  waterways, 
and  water-borne  transportation"  (Int.  No.  578),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Canals. 
A  printed  copy  to  be  sent  to  the  Committee  on  Governor  and  Other 
State  Officers,  etc.,  with  authority  to  report  such  opinions  thereon 
as  it  may  deem  advisable. 

By  Mr.  R.  B.  Smith :  "A  proposition  to  amend  Section  sixteen 
of  Article  III  of  the  Constitution,  in  relation  to  private  and  local 
bills  "  (Int.  No.  579),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Legislative  Powers. 

Also,  "A  proposition  to  amend  Article  III  of  the  Constitution, 
in  relation  to  the  power  of  the  Legislature  to  regulate  certain  finan- 
cial transactions  in  business"   (Int.  No.  580),  which  was  read 


CONSTITUTIONAL  CONVENTION  195 

twice,  ordered  printed  and  referred  to  the  Committee  on  Legisla- 
tive Powers.  A  printed  copy  to  be  sent  to  the  Committee  on  Bank- 
ing and  Insurance  with  authority  to  report  such  opinions  thereon 
as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Article  III  of  the  Constitution, 
in  relation  to  the  power  of  the  Legislature  to  regulate  dealing  in 
securities  "  (Int.  No.  581),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Legislative  Powers.  A  printed 
copy  to  be  sent  to  the  Committee  on  Banking  and  Insurance  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Article  V  of  the  Constitution, 
by  repealing  Section  eight  thereof,  in  relation  to  prohibiting  the 
creation  of  certain  offices  "  (Int.  No.  582),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Governor  and 
Other  iState  Officers,  etc. 

Also,  "A  proposition  to  amend  Article  V  of  the  Constitution, 
in  relation  to  the  powers  and  duties  of  State  Treasurer  "  (Int.  No. 
583),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Governor  and  Other  State  Officers,  etc. 

Also,  "A  proposition  to  amend  Article  III  of  the  Constitution, 
in  relation  to  legislative  counsel  "  (Int.  No.  584),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Legisla- 
tive Powers.  A  printed  copy  to  be  sent  to  the  Committee  on  Gov- 
ernor and  Other  State  Officers,  etc.,  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Green :  "A  proposition  to  amend  Article  X  of  the  Con- 
stitution, in  relation  to  the  office  of  commissioner  of  jurors  "  (Int. 
No.  585),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Judiciary. 

Also  (by  request),  "A  proposition  to  amend  Article  III  of  the 
Constitution,  in  relation  to  voting  for  Assemblymen  "  (Int.  No. 
586),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  'Suffrage. 

Also  (by  request),  "A  proposition  to  amend  Article  III  of  the 
Constitution,  in  relation  to  the  method  of  choosing  members  of 
Assembly  in  the  city  of  New  York"  (Int.  No.  587),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on  the 
Legislature,  its  Organization,  etc.     A  printed  copy  to  be  sent  to 


196  JOURNAL  OF  THE 

the  Committee  on  Suffrage  and  the  Committee  on  Cities  with  au- 
thority to  report  such  opinions  thereon  as  they  may  deem  advisable. 

By  Mr.  Mandeville :  "A  proposition  to  amend  Section  eighteen  of 
Article  VI  of  the  Constitution,  to  provide  for  inferior  local  courts  " 
(Int.  No.  588),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Judiciary. 

Also  (by  request),  "A  proposition  to  amend  Section  fifteen  of 
Article  III  of  the  Constitution,  relating  to  the  manner  of  passing 
bills  "  (Int.  No.  589),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Legislative  Powers. 

Also  (by  request),  "A  proposition  to  amend  Section  seven  of 
Article  VI  of  the  Constitution,  in  relation  to  the  Court  of  Ap- 
peals" (Int.  No.  590),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Judiciary. 

Also  (by  request),  "A  proposition  to  amend  Section  two  of 
Article  VI  of  the  Constitution,  creating  judicial  departments; 
appellate  divisions  n  (Int.  No.  591),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Judiciary. 

Also  (by  request),  "A  proposition  to  amend  Section  three  of 
Article  VI  of  the  Constitution,  in  relation  to  testimony  in  equity 
cases  "  (Int.  No.  592),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Judiciary. 

By  Mr.  Parmenter  (by  request)  :  "A  proposition  to  amend 
Article  VIII,  Sections  eleven  and  twelve  of  the  Constitution,  to 
create  a  department  of  charities  and  corrections  as  a  division  of 
the  executive  branch  of  the  State  government"  (Int.  No.  593), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Commit- 
tee on  Governor  and  Other  State  Officers,  etc. 

Also  (by  request),  "A  proposition  to  amend  Section  one  of 
Article  X,  in  relation  to  the  method  of  selection  of  sheriffs,  county 
clerks,  district  attorneys  and  registers  "  (Int.  No.  594),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  or 
County,  Town  and  Village  Officers. 

Also  (by  request),  "A  proposition  to  amend  Section  eighteen, 
Article  VI  of  the  Constitution,  in  order  to  establish  a  district  court 
of  inferior  jurisdiction  in  place  of  the  justices  of  the  peace  court " 
(Int.  No.  595),  which  was  read  twice,  ordered  printed  and  referred 
to  the  iCommittee  on  Judiciary. 


CONSTITUTIONAL  CONVENTION  197 

By  Mr.  Leggett:  "A  proposition  to  amend  Sections  one  and 
two  of  Article  II  of  the  Constitution,  in  relation  to  persons  who 
shall  be  qualified  to  exercise  the  elective  franchise  "  (Int.  No. 
596),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Suffrage. 

By  Mr.  Tuck :  "A  proposition  to  amend  Article  I  of  the  Con- 
stitution, in  relation  to  compensation  for  damage  from  change  of 
grade  of  a  street  or  highway"  (Int.  No.  597),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Bill  of 
Bights. 

By  Mr.  Curran :  "A  proposition  to  amend  Article  I  of  the  Con- 
stitution, in  relation  to  the  legality  of  an  act  done  by  two  or  more 
persons  in  concert  "  (Int.  No.  598),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Judiciary. 

Also,  "A  proposition  to  amend  Section  eight  of  Article  I  of  the 
Constitution,  in  relation  to  the  right  of  free  speech  and  to  criminal 
prosecutions  for  libel"  (Int.  No.  599),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Bill  of  Rights. 

Also,  "A  proposition  to  amend  Articles  III  and  XIV  of  the  Con- 
stitution, in  relation  to  terms  of  office  of  State  Senators  "  (Int.  No. 
600),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  the  Legislature,  its  Organization,  etc. 

By  Mr.  O'Connor:  "A  proposition  to  amend  Section  fifteen  of 
Article  III  of  the  Constitution,  in  relation  to  eliminating  the  pro- 
vision permitting  the  passage  of  bills  upon  emergency  messages 
from  the  Governor  "  (Int.  No.  601),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Legislative  Powers. 

Also,  "A  proposition  to  amend  Article  V  of  the  "Constitution,  in 
relation  to  the  establishment  of  a  department  of  labor  and  a  work- 
men's compensation  commission,  as  separate  bodies  "  (Int.  No. 
602),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Industrial  Interests  and  Relations.  A  printed  copy 
to  be  sent  to  the  Committee  on  Governor  and  Other  State  Officers, 
etc.,  with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

Also,  "A  proposition  to  amend  Section  nineteen  of  Article  I  of 
the  Constitution,  in  relation  to  providing  for  a  State  fund  as  the 
exclusive  method  for  securing  the  payment  of  workmen's  compen- 
sation" (Int.  No.  603),  which  was  read  twice,  ordered  printed  and 


198  JOURNAL  OF  THE 

referred  to  the  Committee  on  Industrial  Interests  and  Eolations. 
A  printed  copy  to  be  sent  to  the  Committee  on  Bill  of  Rights  and 
Committee  on  the  State  Finances,  Revenues  and  Expenditures 
with  authority  to  report  such  opinions  thereon  as  they  may  deem 
advisable. 

By  Mr.  Franchot  (by  request)  :  "A  proposition  to  amend 
Section  six  of  Article  I  of  the  Constitution,  in  relation  to  criminal 
prosecutions  and  to  admitting  a  plea  of  guilty  before  indictment 
except  upon  a  charge  of  murder  "  (Int.  No.  604),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Bill  of 
Rights. 

By  Mr.  Kirby :  "A  proposition  to  amend  Section  one  of  Article 
V  of  the  Constitution,  relative  to  the  office  of  Attorney-General " 
(Int.  No.  605),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Governor  and  Other  State  Officers,  etc. 

By  Mr.  Sears :  "A  proposition  to  amend  Section  one  of  Article 
X  of  the  Constitution,  to  provide  that  certain  county  officers  shall 
be  elected  in  odd  numbered  years,  and  to  provide  for  the  terms  of 
office  of  such  officers  so  as  to  conform  thereto  "  (Int.  No.  606), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Commit- 
tee on  Counties,  Towns  and  Villages,  their  Organization,  Govern- 
ment, etc.  A  printed  copy  to  be  sent  to  the  Committee  on  County, 
Town  and  Village  Officers  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Section  ten  of  Article  VI  of  the 
Constitution,  by  providing  that  at  every  election  of  a  chief  or 
associate  judge  of  the  Court  of  Appeals,  or  of  a  justice  of  the 
Supreme  Court,  the  Governor  shall  nominate  a  candidate  "  (Int. 
No.  607),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Judiciary. 

By  Mr.  Lincoln:  "A  proposition  to  amend  Section  fourteen  of 
Article  VI  of  the  Constitution,  in  relation  to  the  jurisdiction  of 
county  courts  as  to  corporations  "  (Int.  No.  608),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Judiciary. 
A  printed  copy  to  be  sent  to  the  Committee  on  Corporations  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  ad- 
visable. 

Also,  "A  proposition  to  amend  Section  one  of  Article  XIII  of 
the  Constitution,  relative  to  official  oaths,  prescribing  the  effect  of 


CONSTITUTIONAL  CONVENTION  199 

taking  a  false  official  oath  or  affirmation  "  (Int.  No.  609),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Bill  of  Eights.  A  printed  copy  to  be  sent  to  the  Committee  on 
Prisons,  etc.,  and  the  Prevention  and  Punishment  of  Crime  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Whipple:  "A  proposition  to  amend  Article  V  of  the 
Constitution,  in  relation  to  establishing  an  excise  department  in 
charge  of  a  commissioner  "  (Int.  No.  610),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Governor  and 
Other  State  Officers,  etc. 

By  Mr.  Westwood:  "A  proposition  to  amend  certain  sections 
of  Article  VI  by  abolishing  the  Appellate  Division  of  the  Supreme 
Court,  and  increasing  the  number  of  judges  of  the  Court  of  Ap- 
peals, thereby  providing  for  a  single  appellate  court ;  by  abolishing 
the  Court  of  Claims,  the  county  courts,  the  surrogates'  courts,  the 
court  of  general  sessions  of  the  peace  in  and  for  the  city  and 
county  of  New  York  and  the  city  court  of  the  city  of  New  York, 
and  conferring  their  jurisdiction  upon  the  Supreme  Court,  thereby 
providing  for  a  single  court  of  record  of  original  jurisdiction ;  and 
by  providing  for  uniform  inferior  courts  not  of  record  in  cities  of 
the  first  class,  and  uniform  inferior  courts  not  of  record  in  the 
balance  of  the  State"  (Int.  No.  611),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

On  motion  of  Mr.  Parsons,  a  printed  copy  of  proposed  amend- 
ment (No.  510,  Int.  498),  entitled  "  Proposed  constitutional 
amendment  to  amend  Sections  one,  two,  three,  four,  five,  six,  seven, 
eight  and  nine  of  Article  IV,  and  Sections  one,  two,  three,  four, 
five,  six,  seven,  eight  and  nine  of  Article  V  of  the  Constitution, 
relating  to  the  organization  of  the  executive  branch  of  the  govern- 
ment and  the  powers  and  duties  of  the  Governor  and  other  State 
officers,"  heretofore  referred  to  the  Committee  on  Governor  and 
Other  State  Officers,  etc.,  was  ordered  sent  to  the  Committee  on 
Industrial  Interests  and  Relations  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

Mr.  Brackett,  from  the  Committee  on  the  Legislature,  its  Or- 
ganization, etc.,  presented  the  following  report : 

The  Committee  on  the  Legislature,  its  Organization,  and  the 
Number,  Apportionment,  Election,  Tenure  of  Office  and  Compen- 
sation of  its  Members,  herewith  reports  adversely  on  several  pro- 
posed amendments. 


200  JOUKNAL  OF  THE 

In  making  this  report  the  committee  states  to  the  Convention 
that  there  are,  in  each  of  the  amendments  thus  proposed  and  re- 
ported adversely,  certain  provisions  which  are  favored  by  members 
of  the  committee,  perhaps  a  majority  thereof,  but  the  amendments 
as  proposed,  taken  each  as  a  whole,  are  opposed  to  the  two  prin- 
ciples which  the  committee  deems  vital,  to  wit : 

1st:  That  the  Legislature  should  consist  of  a  Senate  and  As- 
sembly, and 

2d:  That  the  members  of  the  Senate  should  be  elected  by  dis- 
tricts and  the  members  of  Assembly  should  be  elected  by  districts. 

Because  of  the  variance  of  these  several  proposed  amendments 
with  these  cardinal  principles  to  which  the  committee  has  com- 
mitted itself,  as  expressed  in  the  substituted  resolutions  reported 
by  the  committee,  in  place  of  those  offered  by  Mr.  Quigg  and  re- 
ferred to  the  committee,  these  adverse  reports  are  made  to  the 
Convention. 

Edgar  T.  Brackett, 

June  10,  1915.  Chairman. 

Mr.  Brackett,  from  the  Committee  on  the  Legislature,  its  Or- 
ganization, etc.,  to  which  was  referred  proposed  amendment  intro- 
duced by  Mr.  Schurman  (No.  279,  Int.  No.  276),  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Article  III  of  the 
Constitution,  in  relation  to  the  composition  of  the  Senate  and  the 
terms  of  its  members,  and  Section  one  of  Article  XIV,  in  relation 
to  constitutional  amendments,"  reported  adversely  thereto. 

On  motion  of  Mr.  Brackett,  consideration  of  said  report  was 
postponed  until  Tuesday  next. 

Mr.  Brackett,  from  the  Committee  on  the  Legislature,  its  Or- 
ganization, etc.,  to  which  was  referred  proposed  amendment  intro- 
duced by  Mr.  McKinney  (No.  41,  Int.  No.  41),  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Section  one  of  Article 
III  of  the  Constitution,  so  as  to  provide  for  a  unicameral  Legis- 
lature," reported  adversely  thereto. 

On  motion  of  Mr.  Brackett,  consideration  of  said  report  was 
postponed  until  Tuesday  next. 

Mr.  Brackett,  from  the  Committee  on  the  Legislature,  its  Or- 
ganization, etc.,  to  which  was  referred  proposed  amendment  intro- 
duced by  Mr.  Kirk  (No.  232,  Int.  No.  230),  entitled  "  Proposed 


CONSTITUTIONAL  CONVENTION  201 

constitutional  amendment  to  amend  Article  III,  abolishing  the 
Senate  and  providing  for  the  election  of  the  Assembly,"  reported 
adversely  thereto. 

On  motion  of  Mr.  Brackett,  consideration  of  said  report  was 
postponed  until  Tuesday  next. 

Mr.  Brackett,  from  the  Committee  on  The  Legislature,  its  Or- 
ganization, etc.,  to  which  was  referred  proposed  amendment  intro- 
duced by  Mr.  Bernstein  (No.  303,  Int.  No.  299),  entitled  "Pro- 
posed constitutional  amendment  to  amend  Sections  one  and  two 
of  Article  III  of  the  Constitution,  so  as  to  provide  for  a  uni- 
cameral Legislature,  composed  of  a  Senate  of  one  hundred  mem- 
bers, two  of  whom  shall  be  elected  from  each  Senate  district," 
reported  adversely  thereto. 

On  motion  of  Mr.  Brackett,  consideration  of  said  report  was 
postponed  until  Tuesday  next. 

Mr.  S.  K.  Phillips,  from  the  Committee  on  (Contingent  Ex- 
penses, presented  the  following  report : 

The  Committee  on  Contingent  Expenses  reports  back  the  com- 
munication addressed  by  The  Legislative  Index  Publishing  Co.  to 
the  Honorable  Elihu  Root,  President  of  the  Convention,  under 
date  of  June  2,  1915,  upon  the  subject  of  furnishing  the  index 
and  record  of  all  proposed  amendments  for  use  of  the  delegates, 
with  the  recommendation  that  the  following  resolution  be  adopted : 

Resolved,  That  the  Secretary  contract  with  The  Legislative  In- 
dex Publishing  Co.  for  170  copies  of  the  Legislative  Index,  one 
for  each  delegate  and  two  for  the  Secretaries,  at  a  cost  of  $18.50 
each. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  M.  iSaxe,  from  the  Committee  on  Taxation,  presented  the 
following  report: 

The  Committee  on  Taxation  reports  herewith  a  proposal  for 
the  establishment  of  a  State  Tax  Commission. 

From  a  study  of  the  development  of  State  taxation  throughout 
the  country  it  appears  that  beginning  with  1843  special  State  tax 
commissions  were  instituted  for  investigating  the  subject  of  taxa- 
tion. This  led  to  the  establishment  of  permanent  tax  commissions 
in  the  various  States. 


202  JOURNAL  OF  THE 

Approximately  half  of  the  States  of  the  Union  now  have  perma- 
nent tax  commissions.  As  a  result  of  the  work  of  these  bodies,  a 
noticeable  advance  in  the  methods  of  administration  of  tax  laws 
has  ensued.  By  reason  of  the  process  of  education  necessarily  in- 
cidental to  any  change  in  a  method  or  system  of  taxation,  the  de- 
velopment of  improvement  in  tax  systems  is  slow  and  tedious. 
It  is,  therefore,  important  that  the  quality  of  continuity  be  given 
to  the  work  of  the  State  Tax  Commission  to  the  end  that  a  har- 
moniously comprehensive  system  of  taxation  may  be  properly  and 
intelligently  developed.  With  the  changes  of  State  administration 
the  desirable  quality  of  permanency  in  the  State  Tax  Commission 
is  constantly  endangered. 

On  account  of  the  tremendous  cost  of  government,  with  its 
tendency  to  increase  rather  than  diminish,  the  subject  of  taxation 
now  occupies  a  foremost  place  in  the  public  mind  and  the  desir- 
ability of  the  development  of  proper  systems  of  taxation  along 
permanent  lines  is  of  paramount  importance. 

For  the  foregoing  reasons  the  Committee  on  Taxation  makes  the 
recommendation  for  the  establishment  of  a  Constitutional  State 
Tax  Commission. 

The  committee  requests  that  the  accompanying  proposal  and  re- 
port be  referred  back  to  this  committee  and  a  copy  thereof  sent  to 
the  Committee  on  Governor  and  Other  State  Officers,  etc.,  for  its 
information  and  opinion  in  connection  with  the  policy  of  estab- 
lishing Constitutional  Commissions. 

Respectfully  submitted, 

Martin  Saxe, 

Chairman. 

The  'Committee  on  Taxation  reports  by  "  Proposed  constitu- 
tional amendment  to  amend  Article  V,  by  inserting  a  new  section 
providing  for  the  establishment  of  a  State  Tax  Commission  "  (Int. 
No.  612),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Taxation.  A  printed  copy  to  be  sent  to  the  Com- 
mittee on  Governor  and  Other  State  Officers,  etc.,  with  authority 
to  report  such  opinions  thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION  203 


FRIDAY,  JUNE  11,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President  in 
the  chair. 

Prayer  by  Rev.  Charles  M.  Nickerson,  Troy. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Wednesday,  June 
9th,  was  approved. 

Mr.  President  presented  the  communication  of  Mr.  Leonard 
Klaber,  which  was  referred  to  the  Committee  on  Judiciary. 

Also,  the  communication  of  Mr.  Charles  M.  Higgins,  which  was 
referred  to  the  Committee  on  Bill  of  Rights. 

Mr.  President  presented  the  report  of  the  State  Commissioner  of 
Highways,  in  response  to  resolution  of  the  Convention,  adopted 
May  6th,  which  was  referred  to  the  Committee  on  Public  Utilities. 

Mr.  Stimson  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  hearings  of  the  Hon.  John  J.  Fitzgerald, 
President  Frank  J.  Goodnow,  President  A.  Lawrence  Lowell  and 
the  Hon.  William  H.  Taft  before  the  Committee  on  Governor  and 
Other  State  Officers,  etc.,  and  the  Committee  on  the  State  Finances, 
Revenues  and  Expenditures  be  printed  as  a  document  of  the 
Convention. 

which  was  agreed  to. 

Mr.  Parsons  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Secretary  be  authorized  to  pay  to  the  clergy- 
men who  open  the  Convention  with  prayer  the  same  compensation 
for  their  services  as  is  paid  for  opening  the  Senate  and  Assembly. 

which  was  agreed  to. 

On  motion  of  Mr.  Tanner,  a  printed  copy  of  proposed  amend- 
ment (No.  447,  Int.  No.  435),  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  one  of  Article  X  of  the  Constitution, 
in  relation  to  the  removal  of  county  officers,"  heretofore  referred  to 
the  Committee  on  County,  Town  and  Village  Officers,  was  ordered 
sent  to  the  Committee  on  Governor  and  Other  State  Officers,  etc., 
with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 


204  JOURNAL  OF  THE 

On  motion  of  Mr.  Tanner,  a  printed  copy  of  proposed  amend- 
ment (No.  467,  Int.  No.  455),  entitled  "Proposed  constitutional 
amendment  to  amend  Article  VIII  of  the  Constitution,  in  relation 
to  regulation  of  the  issuance  of  municipal  securities,"  heretofore 
referred  to  the  Committee  on  the  State  Finances,  Revenues  and 
Expenditures,  was  ordered  sent  to  the  Committee  on  Governor  and 
Other  State  Officers,  etc.,  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Tanner,  a  printed  copy  of  proposed  amend- 
ment (No.  470,  Int.  No.  458),  entitled  "  Proposed  constitutional 
amendment  to  amend  Sections  twenty-one  and  twenty-two  of 
Article  III,  and  Section  four  of  Article  IV  of  the  Constitution,  so 
as  to  provide  a  scientific  budget  system  for  the  state,"  heretofore 
referred  to  the  Committee  on  the  State  Finances,  Revenues  and 
Expenditures,  was  ordered  sent  to  the  Committee  on  Governor  and 
Other  State  Officers,  etc.,  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Tanner,  a  printed  copy  of  proposed  amend- 
ment (No.  473,  Int.  No.  461),  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  six  of  Article  I  of  the  Constitution, 
in  relation  to  the  trial  of  an  accused  person  upon  an  information, 
without  presentment  or  indictment  by  a  grand  jury,  upon  the  re- 
quest of  such  person  and  the  consent  of  the  district  attorney," 
heretofore  referred  to  the  Committee  on  Bill  of  Rights,  was  ordered 
sent  to  the  Committee  on  Governor  and  Other  State  Officers,  etc., 
with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

On  motion  of  Mr.  Parsons,  a  printed  copy  of  proposed  amend- 
ment (No.  555,  Int.  No.  540),  entitled  "Proposed  constitutional 
amendment  to  amend  Sections  one,  two,  three,  four,  five,  six,  seven, 
eight  and  nine  of  Article  IV,  and  Sections  one,  two,  three,  four, 
five,  six,  seven,  eight  and  nine  of  Article  V,  relating  to  the  organ- 
ization of  the  executive  branch  of  the  government  and  the  powers 
and  duties  of  the  Governor  and  other  State  officers,"  heretofore  re- 
ferred to  the  Committee  on  Governor  and  Other  State  Officers,  etc., 
was  ordered  sent  to  the  Committee  on  Industrial  Interests  and  Re- 
lations with  authority  to  report  such  opinions  thereon  as  it  may 
deem  advisable. 


CONSTITUTIONAL  CONVENTION  205 

The  Secretary  called  the  roll  by  districts  and  the  following 
propositions  were  introduced : 

By  Mr.  Weed :  "A  proposition  to  amend  Section  one  of  Article 
XII  of  the  Constitution,  by  adding  thereto  provisions  in  relation 
to  local  self-government  by  cities  "  (Int.  No.  613),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Cities. 

Also,  "A  proposition  to  amend  Section  nine  of  Article  V  of  the 
Constitution,  by  inserting  therein  a  provision  relating  to  Spanish 
war  veterans"  (Int.  No.  614),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Civil  Service. 

By  Mr.  Buxbaum:  "A  proposition  to  amend  Section  nine  of 
Article  IV  of  the  Constitution,  in  relation  to  the  reconsideration 
by  the  Legislature  of  thirty-day  bills  not  approved  by  the  Governor, 
and  certain  special  city  bills"  (Int.  No.  615),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Legisla- 
tive Powers.  A  printed  copy  to  be  sent  to  the  Committee  on  Gov- 
ernor and  Other  State  Officers,  etc.,  and  the  Committee  on  Cities 
with  authority  to  report  such  opinions  thereon  as  they  may  deem 
advisable. 

Also,  "A  proposition  to  amend  Section  nine  of  Article  IV  of  the 
Constitution,  in  relation  to  the  reconsideration  by  the  Legislature 
of  thirty-day  bills  not  approved  by  the  Governor,  and  certain 
special  city  bills"  (Int.  No.  616),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Legislative  Powers. 
A  printed  copy  to  be  sent  to  the  Committee  on  Governor  and  Other 
State  Officers,  etc.,  and  the  Committee  on  Cities  with  authority  to 
report  such  opinions  thereon  as  they  may  deem  advisable. 

By  Mr.  Steinbrink  (by  request)  :  "A  proposition  to  amend  Sec- 
tion seven  of  Article  I  of  the  Constitution,  in  relation  to  taking 
private  property  for  public  use  "  (Int.  No.  617),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Bill  of 
Rights.  A  printed  copy  to  be  sent  to  the  Committee  on  Canals 
with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

Also  (by  request),  "A  proposition  to  amend  Article  X  of  the 
Constitution,  by  inserting  an  additional  section  relating  to  pensions 
of  officers  and  employees  "  (Int.  No.  618),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Governor  and 


206  JOURNAL  OF  THE 

Other  State  Officers,  etc.  A  printed  copy  to  be  sent  to  the  Com- 
mittee on  Cities  with  authority  to  report  such  opinions  thereon  as 
it  may  deem  advisable. 

Also  (by  request),  "A  proposition  to  amend  Article  III  of  the 
Constitution,  in  relation  to  exemptions  from  taxation"  (Int.  No. 
619),  which  was^  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Taxation.  A  printed  copy  to  be  sent  to  the  Commit- 
tee on  Cities  and  the  Committee  on  the  State  Finances,  Revenues 
and  Expenditures  with  authority  to  report  such  opinions  thereon  as 
they  may  deem  advisable. 

Also  (by  request),  "A  proposition  to  amend  Article  III,  Section 
twenty-four  of  the  Constitution,  by  adding  thereto  a  provision  re- 
lating to  taxation  "  (Int.  No.  620),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Taxation.  A  printed 
copy  to  be  sent  to  the  Committee  on  Governor  and  Other  State 
Officers,  etc.,  with  authority  to  report  such  opinions  thereon  as  it 
may  deem  advisable. 

Also  (by  request),  "A  proposition  to  amend  Section  seventeen 
of  Article  VI  of  the  Constitution,  in  relation  to  the  municipal  court 
of  the  city  of  New  York  "  (Int.  No.  621),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Baldwin  (by  request)  :  "A  proposition  to  amend  Article 
III  of  the  Constitution,  by  inserting  therein  a  new  section  relating 
to  revision  of  code  amendments  by  the  chief  judge  of  the  Court 
of  Appeals  and  the  presiding  justices  of  the  Appellate  Divisions 
before  final  enactment  into  law"  (Int.  No.  622),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Tanner:  "A  proposition  to  amend  Article  IV  of  the 
Constitution,  in  relation  to  the  power  of  the  Governor  to  remove 
officers  appointed  by  him  "  (Int.  No.  623),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Governor  and 
Other  State  Officers,  etc. 

By  Mr.  Wickcrsham :  "A  proposition  to  amend  Section  eighteen 
of  Article  III  of  the  Constitution,  in  relation  to  passage  by  the 
Legislature  of  private  or  local  bills"  (Int.  No.  624),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Legislative  Powers. 

By  Mr.  Low :  "A  proposition  to  amend  Article  III  of  the  Con- 
stitution, in  relation  to  the  alteration  of  boundaries  of  municipal- 


CONSTITUTIONAL  CONVENTION  207 

ities  "  (Int.  No.  625),  which  was  read  twice,  ordered  printed  and 
referred  to  the  Committee  on  Cities.  A  printed  copy  to  be  sent 
to  the  Committee  on  Counties,  Towns  and  Villages,  their  Organiza- 
tion, Government,  etc.,  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

By  Mr.  C.  Nicoll  (by  request)  :  aA  proposition  to  amend  Article 

III  of  the  Constitution,  in  relation  to  the  composition  of  the 
Senate  and  Assembly  and  the  terms  of  members  "  (Int.  No.  626), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  the  Legislature,  its  Organization,  etc. 

By  Mr.  Bell:    "A  proposition  to  repeal  Section  five  of  Article 

IV  of  the  Constitution,  relating  to  the  pardoning  power  of  the 
Governor,  and  to  amend  Sections  eleven  and  twelve  of  Article  VIII 
of  the  Constitution,  so  as  to  provide  for  the  creation  of  a  State 
board  of  pardons,  and  the  transfer  to  it  of  the  pardoning  power 
now  vested  in  the  Governor"  (Int.  No.  627),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Governor 
and  Other  State  Officers,  etc.  A  printed  copy  to  be  sent  to  the 
Committee  on  Prisons  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

By  Mr.  Parsons  (by  request)  :  "A  proposition  to  amend  Section 
fifteen  of  Article  III,  in  relation  to  the  manner  of  passing  bills  " 
(Int.  No.  628),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Legislative  Powers. 

Also,  "A  proposition  to  amend  Article  VII,  Section  five  of  the 
Constitution,  to  avoid  the  unnecessary  accumulation  of  sinking 
funds"  (Int.  No.  629),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  the  State  Finances,  Revenues 
and  Expenditures. 

Also,  "A  proposition  to  amend  Article  V  of  the  Constitution, 
by  adding  a  new  section  to  provide  for  a  budget  "  (Int.  No.  630), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  the  State  Finances,  Revenues  and  Expenditures.  A 
printed  copy  to  be  sent  to  the  Committee  on  Legislative  Powers 
and  the  Committee  on  Governor  and  Other  State  Officers,  etc., 
with  authority  to  report  such  opinions  thereon  as  they  may  deem 
advisable. 

By  Mr.  Leary :  "A  proposition  to  add  a  new  Section  seven-a  to 
Article  VII  for  the  establishment  of  a  special  fund  for  the  propa- 


208  JOURNAL  OF  THE 

gation  of  fish  and  game  and  reforestation  of  State  lands " 
(Int.  No.  631),  which  was  read  twice,  ordered  printed  and  re- 
ferred to. the  Committee  on  Conservation  of  Natural  Resources. 
A  printed  copy  to  be  sent  to  the  Committee  on  the  State  Finances, 
Revenues  and  Expenditures  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

By  Mr.  Donnelly:  "A  proposition  to  amend  the  tax  provisions 
of  the  Constitution,  by  providing  that  not  less  than  fifty  per 
centum  of  certain  specific  taxes  shall  be  repaid  to  the  city,  town 
or  village  in  which  such  taxes  originated  "  (Int.  No.  632),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
the  State  Finances,  Revenues  and  Expenditures. 

Also,  "A  proposition  to  amend  Section  seven  of  Article  I,  rela- 
tive to  the  taking  of  private  property  and  to  provide  for  the 
payment  of  damages  for  change  of  grade"  (Int.  No.  633),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Bill  of  Rights. 

Also,  "A  proposition  to  amend  Section  twenty-six  of  Article  III, 
relative  to  board  of  supervisors,  limiting  their  powers  and  con- 
ferring upon  a  purchasing  agent  the  right  heretofore  exercised  by 
boards  of  supervisors  in  purchasing  supplies  and  providing  for  a 
county  comptroller  and  for  the  auditing  of  bills  "  (Int.  No.  634), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Counties,  Towns  and  Villages,  their  Organization,  Gov- 
ernment, etc. 

Also,  "A  proposition  to  amend  Section  one  of  Article  V,  by 
providing  for  the  appointment  of  State  officers  by  the  Governor 
by  and  with  the  advice  and  consent  of  the  Senate  "  (Int.  No.  635), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Governor  and  Other  State  Officers,  etc. 

By  Mr.  F.  Martin:  "A  proposition  to  amend  Section  six  of 
Article  I  of  the  Constitution,  in  relation  to  allowing  certain  ap- 
peals by  the  people  in  criminal  cases  "  (Int.  No.  636),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Bill  of  Rights.  A  printed  copy  to  be  sent  to  the  Committee  on 
Judiciary  with  authority  to  report  such  opinions  thereon  as  it 
may  deem  advisable. 

By  Mr.  Hinman:  "A  proposition  to  amend  Sections  eleven, 
thirteen  and  fifteen  of  Article  VIII  of  the  Constitution,  and  to 


CONSTITUTIONAL  CONVENTION  209 

repeal  Section  twelve  of  Article  VIII  and  Section  four  of  Article 
V  of  the  Constitution,  relative  to  the  establishment  of  a  State 
board  of  charities  and  corrections  and  the  appointment  and  powers 
and  duties  of  such  board  "  (Int.  No.  637),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Governor  and 
Other  State  Officers,  etc.  A  printed  copy  to  be  sent  to  the  Com- 
mittee on  Charities  and  Committee  on  Prisons,  etc.,  and  the  Pre- 
vention and  Punishment  of  Crime,  with  authority  to  report  such 
opinions  thereon  as  they  may  deem  advisable. 

Also,  "A  proposition  to  amend  Section  six  of  Article  X  of  the 
Constitution,  in  relation  to  the  fiscal  year  and  to  monthly  meetings 
of  the  Legislature  and  payment  of  salaries  and  expenses  of  the 
members  thereof"  (Int.  No.  638),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  The  Legislature,  its 
Organization,  etc.  A  printed  copy  to  be  sent  to  the  Committee  on 
the  State  Finances,  Revenues  and  Expenditures  with  authority  to 
report  such  opinions  thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  the  Constitution,  by  adding  a 
new  article  creating  public  service  commissions  and  prescribing 
their  jurisdiction,  powers  and  duties  "  (Int.  No.  639),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Public  Utilities.  A  printed  copy  to  be  sent  to  the  Committee  on 
Governor  and  Other  State  Officers,  etc.,  with  authority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Barnes:  "A  proposition  to  amend  Section  seven  of 
Article  I  of  the  Constitution,  in  relation  to  public  utilities  "  (Int. 
No.  640),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Public  Utilities. 

By  Mr.  McKean  (by  request)  :  "A  proposition  to  amend  Section 
nine  of  Article  V  of  the  Constitution,  in  relation  to  employees  in 
the  civil  service  of  the  State"  (Int.  No.  641),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Civil 
Service. 

Also  (by  request),  "A  proposition  to  amend  Section  nine  of 
Article  V  of  the  Constitution,  in  relation  to  employees  in  the 
civil  service  of  the  State  "  (Int.  No.  642),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Civil  Service. 

By  Mr.  Brackett  (by  request)  :  "A  proposition  to  amend  Section 
nine  of  Article  I  of  the  Constitution,  in  relation  to  lotteries,  sales 

14 


210  JOURNAL  OF  THE 

of  lottery  tickets  "  (Int.  No.  643),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Bill  of  Rights. 

Also  (by  request),  "A  proposition  to  amend  Section  nine  of 
Article  I  of  the  Constitution,  in  relation  to  lotteries,  sales  of 
lottery  tickets,  pool-selling,  book-making  and  gambling "  (Int. 
No.  644),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Bill  of  Rights. 

By  Mr.  Landreth:  "A  proposition  to  amend  Article  V  of  the 
Constitution,  in  relation  to  a  State  department  of  engineering  and 
public  works"  (Int.  No.  645),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Governor  and  Other 
State  Officers,  etc. 

By  Mr.  Van  Ness  (by  request)  :  "A  proposition  to  amend 
Article  VIII  of  the  Constitution,  in  relation  to  issuance  of  State 
and  municipal  securities  and  providing  for  their  advertisement " 
(Int.  No.  646),  which  Was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  the  State  Finances,  Revenues  and  Ex- 
penditures. A  printed  copy  to  be  sent  to  the  Committee  on  Cities 
with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

By  Mr.  Waterman:  "A  proposition  to  amend  Sections  eleven, 
twelve,  thirteen  and  fifteen  of  Article  VIII  of  the  Constitution, 
and  to  insert  a  new  section  in  such  article,  in  relation  to  the  State 
Board  of  Charities,  providing  for  visiting  and  inspecting  of  pub- 
lic and  private  institutions  and  societies"  (Int.  No.  647),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee 
on  Governor  and  Other  State  Officers,  etc.  A  printed  copy  to  be 
sent  to  tfie  Committee  on  Charities  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

*  By  Mr.  E.  N.  Smith :  "A  proposition  to  amend  Section  three 
of  Article  VIII  of  the  Constitution,  in  relation  to  voting  by  share- 
holders at  all  corporate  elections  of  stock  corporations  "  (Int.  No. 
648),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Corporations. 

Also,  "A  proposition  to  amend  Section  four  of  Article  VII  of 
the  Constitution,  by  adding  thereto  a  provision  in  reference  to 
serial  bonds"  (Int.  No.  649),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  the  State  Finances, 
Revenues  and  Expenditures,    A  printed  copy  to  be  sent  to. the 


CONSTITUTIONAL  CONVENTION  211 

Committee  on  Cities  with  authority  to  report  such  opinions  thereon 
as  it  may  deem  advisable. 

By  Mr.  Cobb  (by  request)  :  "A  proposition  to  amend  Article 
XII  of  the  Constitution,  relating  to  cities  and  incorporated  vil- 
lages so  as  to  regulate  legislation  concerning  their  organization 
and  management,  and  to  give  them  powers  of  municipal  self- 
government  "  (Int.  No.  650),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Cities.  A  printed  copy 
to  be  sent  to  the  Committee  on  Counties,  Towns  and  Villages, 
their  Organization,  Government,  etc.,  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

Also  (by  request),  "A  proposition  to  amend  Section  four  of 
Article  II  of  the  Constitution,  in  relation  to  the  registration  of 
voters  in  rural  communities"  (Int.  No.  651),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Suffrage. 

Also,  "A  proposition  to  amend  Section  two  of  Article  II  of  the 
Constitution,  in  relation  to  persons  excluded  from  the  right  of 
suffrage"  (Int.  No.  652),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Suffrage. 

Also  (by  request),  "A  proposition  to  amend  Article  III  of  the 
Constitution,  in  relation  to  members  of  the  Senate  and  Assembly 
practicing  as  attorneys  before  the  executive  and  administrative 
departments  of  the  State  "  (Int.  No.  653),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  The  Legislature, 
its  Organization,  etc. 

By  Mr.  Green :  "A  proposition  to  amend  Section  one  of  Article 
II  of  the  Constitution,  in  relation  to  qualification  of  voters  "  (Int. 
No.  654),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Suffrage. 

Also  (by  request),  "A  proposition  to  amend  Sections  one  and 
two  of  Article  XII  of  the  Constitution,  in  relation  to  the  incorpora- 
tion of  and  legislation  affecting  cities  and  villages"  (Int.  No. 
655),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Cities.  A  printed  copy  to  be  sent  to  the  Committee 
on  Counties,  Towns  and  Villages,  their  Organization,  Government, 
etc.,  with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

Also  (by  request),  "A  proposition  to  amend  Article  V  of  the 
Constitution  in  relation  to  the  office  of  State  Commissioner  oi; 


212  JOUKNAL  OF  THE 

Jurors  and  to  qualifications  for  jury  service"  (Int.  No.  656), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary.  A  printed  copy  to  be  sent  to  the  Committee 
on  Governor  and  Other  State  Officers,  etc.,  with  authority  to  re- 
port such  opinions  thereon  as  it  may  deem  advisable. 

By  Mr.  Khees  (by  request)  :  "A  proposition  to  amend  Section 
nine  of  Article  V  of  the  Constitution,  in  relation  to  providing  for 
the  enforcement  of  provisions  of  this  Constitution  and  of  law  re- 
lating to  the  civil  service  "  (Int.  No.  657),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Civil  Service. 

Also  (by  request),  "A  proposition  to  amend  Section  nine  of 
Article  V  of  the  Constitution,  in  relation  to  the  State  Civil  Service 
Commission  and  its  powers  and  duties"  (Int.  No.  658),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Civil  Service. 

By  Mr.  Tuck :  "A  proposition  to  amend  Section  three  of  Article 
XI  of  the  Constitution,  in  relation  to  service  in  the  organized 
active  militia  of  the  State  "  (Int.  No.  659),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Militia  and 
Military  Affairs. 

By  Mr.  Dahm:  "A  proposition  to  amend  Section  one  of  Article 
III,  providing  for  the  initiative  and  referendum"  (Int.  No.  660), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Legislative  Powers. 

By  Mr.  Curran :  "A  proposition  to  amend  Article  I  of  the  Con- 
stitution, by  providing  for  the  abolition  of  capital  punishment " 
(Int.  No.  661),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Bill  of  Bights. 

By  Mr.  Franchot:  "A  proposition  to  amend  Article  XII  of  the 
Constitution,  so  as  to  provide  for  an  optional  system  of  home  rule 
in  cities"  (Int.  No.  662),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Cities.  A  printed  copy  to  be  sent 
to  the  Committee  on  Legislative  Powers  with  authority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Section  one  of  Article  II  of  the 
Constitution,  by  providing  that  in  the  event  of  the  approval  by 
the  people  at  the  general  election  in  the  year  one  thousand  nine 
hundred  fifteen  of  the  amendment  to  said  section  proposed  by  the 
Legislature,  granting  the  right  of  suffrage  to  women,  the  said 


CONSTITUTIONAL  CONVENTION  213 

Section  one  of  Article  II  shall  be  amended  as  set  forth  in  the 
said  amendment  proposed  by  the  Legislature"  (Int.  No.  663), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Suffrage. 

By  Mr.  Sears:  "A  proposition  to  amend  Sections  four  and 
eight  of  Article  VI,  and  Section  five  of  Article  X  of  the  Con- 
stitution, so  as  to  provide  for  the  election  of  the  chief  and  associate 
judges  of  the  Court  of  Appeals  and  justices  of  the  Supreme  Court 
in  odd  numbered  years  only"  (Int.  No.  664),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Judiciary. 

By  Mr.  Sanders:  aA  proposition  to  amend  Section  ten  of 
Article  VIII  of  the  Constitution,  in  relation  to  limitation  upon 
the  power  of  cities  to  incur  indebtedness"  (Int.  No.  665),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee 
on  Cities. 

By  Mr.  Nixon:  "A  proposition  to  amend  Article  IX,  Section 
four,  making  schools  inspection  compulsory  and  compelling  ex- 
clusive use  of  English  text  books"  (Int.  No.  666),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Education. 

By  Mr.  Westwood:  aA  proposition  to  amend  Section  thirteen 
of  Article  III  of  the  Constitution,  by  limiting  the  number  of  bills 
which  may  be  passed  weekly  by  the  Houses  of  the  Legislature  " 
(Int.  No.  667),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Legislative  Powers. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following : 

Besolved,  That  the  Committee  on  Judiciary  be  discharged  from 
the  further  consideration  of  proposed  amendment  (No.  384,  Int. 
No.  377),  entitled  "  Proposed  constitutional  amendment  to  amend 
Section  fourteen  of  Article  VI  of  the  Constitution,  in  relation  to 
county  courts,  the  city  court  of  the  city  of  New  York  and  the  court 
of  general  sessions  in  the  county  of  New  York,  creating  the 
superior  court  of  the  city  of  New  York." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Wickersham,  the  same  was  ordered  amended  as  follows : 

Strike  out  all  after  the  enacting  clause  and  insert  Printed 
No.  628. 


214  JOURNAL  OF  THE 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.  Parsons  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  Governor  and  Other  State 
Officers,  etc.,  be  discharged  from  the  further  consideration  of  pro- 
posed amendment  (No.  597,  Int.  No.  582),  entitled  "Proposed 
constitutional  amendment  to  amend  Article  V  of  the  Constitution, 
by  repealing  Section  eight  thereof,  in  relation  to  prohibiting  the 
creation  of  certain  offices, "  and  that  the  same  be  referred  to  the 
Committee  on  Industrial  Interests  and  Relations.  A  printed  copy 
to  be  sent  to  the  Committee  on  Governor  and  Other  State  Officers, 
etc.,  with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  S.  K.  Phillips,  from  the  Committee  on  Contingent  Ex- 
penses, presented  the  following  report : 

The  Committee  on  Contingent  Expenses  recommends  the  adop- 
tion of  the  following  resolution :  Resolved,  That  the  Secretary  be 
authorized  and  directed  to  contract  for  a  supply  of  individual 
sanitary  drinking  cups. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


TUESDAY,  JUNE  15,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  John  B.  Bulnes. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Thursday,  June 
10th,  was  approved. 

Mr.  Westwood  presented  the  memorial  of  residents*  of  Fredo- 
nia,  which  was  referred  to  the  Committee  on  Taxation. 

Mr.  President  presented  the  memorial  of  the  New  York  State 
Federation  of  Labor,  which  was  referred  to  the  Committee  on  Bill 
of  Rights. 


CONSTITUTIONAL  CONVENTION  215 

Also,  the  communication  of  Mr.  Charles  M.  Higgins,  which  was 
referred  to  the  Committee  on  Bill  of  Rights. 

Also,  the  communication  of  the  Interdenominational  Committee 
on  Religious  Education,  which  was  referred  to  the  Committee  on 
Education. 

Also,  the  communication  of  Mr.  S.  B.  Clarke,  which  was  re- 
ferred to  the  Committee  on  Judiciary. 

Mr.  Barnes  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  Legislative  Powers  be  dis- 
charged from  the  further  consideration  of  Proposed  Amendment 
(No.  330,  Int.  No.  326)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  twenty-one  of  Article  III  of  the  Con- 
stitution, in  relation  to  laws  appropriating  moneys,"  and  the 
same  be  referred  to  the  Committee  on  the  State  Finances,  Reve- 
nues and  Expenditures. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Barnes  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  Legislative  Powers  be  dis- 
charged from  the  further  consideration  of  Proposed  Amendment 
(No.  429,  Int.  No.  417)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  two  of  Article  III  of  the  Constitution, 
in  relation  to  the  election  and  term  of  office  of  Senators  and 
Members  of  the  Assembly,"  and  that  the  same  be  referred  to  the 
Committee  on  The  Legislature,  its  Organization,  etc. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Tanner,  printed  copies  of  proposed  amend- 
ments (No.  556,  Int.  No.  541)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  VI  of  the  Constitution  in  relation 
to  the  nomination  of  judges." 

(No.  573,  Int.  No.  558)  entitled  "Proposed  constitutional 
amendment  to  amend  the  State  Constitution,  in  relation  to  deter- 
mination of  the  constitutionality  of  statutes." 

(No.  672,  Int.  No.  656)  entitled  "Proposed  constitutional 
amendment  to  amend  Article  V  of  the  Constitution,  in  relation 
to  the  office  of  State  Commissioner  of  Jurors  and  to  qualifications 


216  JOUKNAL  OF  THE 

for  jury  service/'  heretofore  referred  to  the  Committee  on  Judi- 
ciary, were  ordered  eent  to  the  Committee  on  Governor  and  Other 
State  Officers,  etc.,  with  authority  to  report  such  opinions  thereon 
as  it  may  deem  advisable. 

On  motion  of  Mr.  Tanner,  printed  copies  of  proposed  amend- 
ments (No.  562,  Int.  No.  547),  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  III  of  the  Constitution,  to  establish 
a  legislative  drafting  bureau." 

(No.  616,  Int.  No.  601)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  fifteen  of  Article  III  of  the  Consti- 
tution, in  relation  to  eliminating  the  provision  permitting  the 
passage  of  bills  upon  emergency  messages  from  the  Governor," 
heretofore  referred  to  the  Committee  on  Legislative  Powers,  were 
ordered  sent  to  the  Committee  on  Governor  and  Other  State  Of- 
ficers, etc.,  with  authority  to  report  such  opinions  thereon  as  it 
may  deem  advisable. 

On  motion  of  Mr.  Tanner,  printed  copies  of  proposed  amend- 
ments (No.  673,  Int.  No.  657)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  nine  of  Article  V  of  the  Constitu- 
tion, in  relation  to  providing  for  the  enforcement  of  provisions 
of  this  Constitution  and  of  law  relating  to  the  civil  service." 

(No.  674,  Int.  No.  658)  entitled  "Proposed  constitutional 
amendment  to  amend  Section  nine  of  Article  V  of  the  Constitu- 
tion, in  relation  to  the  State  Civil  Service  Commission  and  its 
powers  and  duties,"  heretofore  referred  to  the  Committee  on  Civil 
Service,  were  ordered  sent  to  the  Committee  on  Governor  and 
Other  State  Officers,  etc.,  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Low,  printed  copies  of  proposed  amend- 
ments (No.  655,  Int.  No.  639)  entitled  "  Proposed  constitutional 
amendment  to  amend  the  Constitution,  by  adding  a  new  article, 
creating  public  service  commissions  and  prescribing  their  juris- 
diction, powers  and  duties." 

(No.  656,  Int.  No.  640)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  seven  of  Article  I  of  the  Constitu- 
tion, in  relation  to  public  utilities,"  heretofore  referred  to  the 
Committee  on  Public  Utilities,  were  ordered  sent  to  the  Commit- 


CONSTITUTIONAL  CONVENTION  217 

tee  on  Cities  with  authority  to  report  such  opinions  thereon  as 
it  may  deem  advisable. 

On  motion  of  Mr.  Low,  a  printed  copy  of  proposed  amendment 
(No.  640,  Int.  No.  624)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  eighteen  of  Article  III  of  the  Constitu- 
tion," heretofore  referred  to  the  Committee  on  Legislative  Powers, 
was  ordered  sent  to  the  Committee  on  Cities  with  authority  to 
report  such  opinions  thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Low,  a  printed  copy  of  proposed  amendment 
(No.  648,  Int.  No.  632)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  the  tax  provisions  of  the  Constitution,  by  provid- 
ing that  not  less  than  fifty  per  centum  of  certain  specific  taxes 
shall  be  repaid  to  the  city,  town  or  village  in  which  such  taxes 
originated/'  heretofore  referred  to  the  Committee  on  the  State 
Finances,  Revenues  and  Expenditures,  was  ordered  sent  to  the 
Committee  on  Cities  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

Mr.  Lincoln  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Eesolved,  That  the  Committee  on  Judiciary  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  623,  Int. 
No.  608)  entitled  "  Proposed  constitutional  amendment  to  amend 
Section  fourteen  of  Article  VI  of  the  Constitution,  in  relation 
to  the  jurisdiction  of  county  courts  as  to  corporations." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Lincoln,  the  same  was  amended  as  follows : 

Page  2,  line  19,  before  the  word  " having"  insert  in  italics  the 
word  "not". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

On  motion  of  Mr.  Whipple,  printed  copies  of  proposed  amend- 
ments (No.  85,  Int.  No.  85)  entitled  "Proposed  constitutional 
amendment  to  amend  Section  one  of  Article  V  of  the  Constitu- 
tion, in  respect  to  state  officers  and  the  selection  thereof." 

(No.  172,  Int.  No.  172)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  V  of  the  Constitution,  by  providing 
for  the  appointment  by  the  Governor  of  State  officers." 


218  JOURNAL  OF  THE 

(No.  510,  Int.  No.  498)  entitled  "  Proposed  constitutional 
amendment  to  amend  Sections  one,  two,  three,  four,  five,  six, 
seven,  eight  and  nine  of  Article  IV,  and  Sections  one,  two,  three, 
f#ur,  fi.vey  six,  seven,  eight  and  nine  of  Article  V  of  the  Constitu- 
tion, relating  to  the  organization  of  the  executive  branch  of  the 
government  and  the  powers  and  duties  of  the  Governor  and  other 
State  officers,"  heretofore  referred  to  the  Committee  on  Governor 
and  Other  State  Officers,  etc.,  were  ordered  sent  to  the  Committee 
on  Conservation  of  Natural  Resources  with  authority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Whipple,  printed  copies  of  proposed  amend- 
ments (No.  264,  Int.  No.  261)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  six  of  Article  I,  providing  for  com- 
pensation for  private  property  injured  by  public  use." 

(No.  512,  Int.  No.  500)  entitled  "  Proposed  constitutional 
amendment  to  amend  Sections  six  and  seven  of  Article  I  of  the 
Constitution,  in  relation  to  the  taking  and  regulation  of  private 
property  for  public  uses,"  heretofore  referred  to  the  Committee 
on  Bill  of  Rights,  were  ordered  sent  to  the  Committee  on  Conser- 
vation of  Natural  Resources  with  authority  to  report  such  opin- 
ions thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Whipple,  a  printed  copy  of  proposed  amend- 
ment (No.  159,  Int.  No.  159)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  eight  of  Article  VII  of  the  Consti- 
tution, in  relation  to  the  sale  of  abandoned  portions  of  canals  and 
disposition  of  funds,"  heretofore  referred  to  the  Committee  on 
Canals,  was  ordered  sent  to  the  Committee  on  Conservation  of 
Natural  Resources  with  authority  to  report  such  opinions  thereon 
as  it  may  deem  advisable. 

On  motion  of  Mr.  Whipple,  a  printed  copy  of  proposed  amend- 
ment (No.  28,  Int.  No.  28)  entitled  "  Proposed  constitutional 
amendment  to  amend  the  Constitution,  by  inserting  a  new  section 
on  franchises  in  Article  III,"  heretofore  referred  to  the  Commit- 
tee on  Legislative  Powers,  was  ordered  sent  to  the  Committee 
on  Conservation  of  Natural  Resources  with  authority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

Mr.  Whipple  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 


CONSTITUTIONAL  CONVENTION  219 

Resolved,  That  the  official  stenographer  be,  and  he  is  hereby, 
directed  to  arrange  for  the  prompt  attendance  of  the  general 
stenographers  at  nine  o'clock,  sharp,  on  Tuesdays,  Wednesdays, 
Thursdays  and  Fridays,  and  for  at  least  three  of  said  stenog- 
raphers to  attend  each  Monday  and  each  Saturday  forenoon. 

Mr.  J.  L.  O'Brian  moved  to  refer  said  resolution  to  the  Com- 
mittee on  Rules. 

Mr.  Mereness  moved  to  amend  said  motion  by  adding  the  words 
"  with  instructions  to  report  at  the  session  of  Thursday  next", 
which  amendment  was  accepted  by  Mr.  O'Brian. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  as  amended,  and  it  was  determined  in  the 
negative. 

Mr.  President  then  put  the  question  whether  the  Convention 
would  agree  to  said  resolution,  and  it  was  determined  in  the  af- 
firmative. 

By  unanimous  consent,  Mr.  Brackett  introduced  (by  request) 
a  proposition  to  amend  Article  VIII,  by  adding  a  new  section, 
to  be  numbered  sixteen,  in  relation  to  the  duties  and  the  main- 
tenance and  support  of  the  State  Department  of  Health  "  (Int. 
No.  668),  which  was  read  twice,  ordered  printed  and  referred 
to  the  Committee  on  Governor  and  Other  State  Officers,  etc.  A 
printed  copy  to  be  sent  to  the  Committee  on  the  State  Finances, 
Revenues  and  Expenditures  with  authority  to  report  such  opin- 
ions thereon  as  it  may  deem  advisable. 

Mr.  Sears,  from  the  Committee  on  Contingent  Expenses,  pre- 
sented the  following  report: 

Your  Committee  on  Contingent  Expenses  reports  with  refer- 
ence to  the  matter  of  a  supply  of  drinking  water  for  the  Conven- 
tion, that  it  has  received  from  the  Great  Bear  Spring  Water 
Company  a  proposition  to  supply  the  Convention  with  sufficient 
drinking  water  during  the  session  for  $350,  based  on  100  days' 
service  (6  days  in  the  week),  and  $3.50  per  day  for  each  addi- 
tional day  beyond   100   days. 

Your  committee  has  also  received  a  similar  offer  from  Hathorne 
&  Company  for  a  supply  of  drinking  water  from  the  Saratoga 
Soft  Sweet  Spring. 

Considering  the  fact  that  the  Great  Bear  Spring  Water  Com- 
pany has  supplied  water  to  the  Senate  and  Assembly  during  the 
last  session  of  the  Legislature,  is  now  supplying  the  departments 


220  JOUENAL  OF  THE 

in  the  Capitol,  and  has  to  date  supplied  drinking  water  to  this 
Convention,  has  a  branch  house  in  Albany,  where  a  large  reserve 
amount  of  drinking  water  is  stored,  and  is  fully  equipped  to 
carry  out  its  contract,  and  considering  the  fact  that  the  water 
from  the  Saratoga  Spring  has  never  been  supplied  in  large  quan- 
tities to  consumers  in  Albany,  that  the  management  has  no  facili- 
ties for  the  storage  of  a  reserve  supply  in  Albany,  and  contem- 
plates bringing  the  water  from  Saratoga  by  truck,  as  the  demand 
may  require,  your  committee  favors  the  giving  of  the  contract  to 
the  Great  Bear  Spring  Water  Company,  and  recommends  the 
adoption  of  the  following  resolution: 

Resolved,  That  the  Secretary  be,  and  he  is  hereby,  authorized 
to  contract  with  the  Great  Bear  Spring  Water  Company  for  the 
supply  of  drinking  water  for  the  Convention,  including  the  supply 
of  all  necessary  coolers  for  the  Convention  rooms,  and  all  officers 
and  committee  rooms,  at  the  rate  of  $350  for  the  first  100  days 
of  the  session  beginning  April  26th  (6  days  in  the  week),  and 
$3.50  per  day  for  each  additional  day. 

Samuel  K.  Phillips, 
Gordon  Knox  Bell, 
Alan   C.   Fobes, 
Severn   B.    Sharpe, 
Charles  B.  Sears, 
Thomas   ET.   Mulry, 
William  N".  Dykman. 

Mr.  Brackett  moved  that  the  report  of  the  Committee  on  Con- 
tingent Expenses  as  to  the  water  to  be  supplied  to  the  Convention 
be  recommitted  to  the  committee  with  instructions : 

1.  To  cause  the  several  waters  offered  for  the  use  of  the  Conven- 
tion to  be  analyzed  by  the  Department  of  Health  and  to  have  a 
written  report  made  as  to  which  water  is  the  purest  and  the  freest 
from  bacteria  and  foreign  matter. 

2.  To  (the  committee)  report  the  result  to  the  Convention  and 
that  the  water  thus  declared  by  the  health  department  analysis 
the  purest  and  freest  from  bacteria  and  foreign  matter  be  ac- 
cepted as  the  water  to  be  furnished  to  the  Convention. 

Debate  was  had. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 
Mr.  President  then  put  the  question  whether  the  Convention 


CONSTITUTIONAL  CONVENTION  221 

would  agree  to  said  report  and  resolution,  and  it  was  determined 
in  the  affirmative. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  Rule  32  be  amended  by  striking  out  the  words 
"  if  the  report  be  agreed  to  "  in  line  6  of  said  rule. 

Mr.  M.  Saxe  moved  to  amend  said  resolution  by  adding  thereto 
the  words  "  and  by  inserting  in  line  5  after  the  word  "  reported  " 
the  words  "  except  for  introduction  ". 

On  motion  of  Mr.  J.  L.  O'Brian,  said  resolution  and  amend- 
ment were  referred  to  the  Committee  on  Rules. 

Mr.  Barnes,  from  the  Committee  on  Legislative  Powers,  to 
which  was  referred  proposed  amendment  introduced  by  Mr. 
Austin  (No.  34,  Int.  No.  34),  entitled  u  Proposed  constitutional 
amendment  to  amend  Article  I  of  the  Constitution,  by  striking 
therefrom  the  provisions  of  Section  thirteen  of  said  article,  relat- 
ing to  leases  and  grants  of  agricultural  land,"  reported  in  favor 
of  the  passage  of  the  game,  without  amendment,  which  report  was 
agreed  to,  and  said  proposition  referred  to  the  Committee  of  the 
Whole. 

Mr.  Barnes,  from  the  Committee  on  Legislative  Powers,  to 
which  was  referred  proposed  amendment  introduced  by  Mr.  R.  B. 
Smith  (No.  410,  Int.  No.  289),  entitled  "Proposed  constitutional 
amendment  to  amend  Section  twenty-eight  of  Article  III  of  the 
Constitution,  in  relation  to  the  granting  or  allowing  of  extra 
compensation  by  legislative  bodies  or  auditing  boards,  bodies  or 
officers,"  reported  in  favor  of  the  passage  of  the  same,  without 
amendment,  which  report  wa&  agreed  to,  and  said  proposition 
referred  to  the  Committee  of  the  Whole. 

Mr.  Barnes,  from  the  Committee  on  Legislative  Powers,  to 
which  was  referred  proposed  amendment  introduced  by  Mr.  J.  G. 
Saxe  (No.  215,  Int.  No.  214),  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  eighteen,  Article  III  of  the  Consti- 
tution, in  relation  to  limitations  of  the  power  of  the  Legislature 
to  pass  private  or  local  bills,  by  prohibiting  private  claim  bills," 


222  JOURNAL  OF  THE 

reported  in  favor  of  the  passage  of  the  same,  without  amend- 
ment, which  report  was  agreed  to,  and  said  proposition  referred 
to  the  Committee  of  the  Whole. 

Mr.  Barnes,  from  the  Committee  on  Legislative  Powers,  to 
which  was  referred  proposed  amendment  introduced  by  Mr. 
Austin  (No.  376,  Int.  No.  78),  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  fifteen  of  Article  III  of  the  Consti- 
tution, relative  to  the  passage  of  bills  by  the  Legislature,  by  strik- 
ing out  the  authorization  for  the  passage  of  bills  under  emergency 
messages  from  the  Governor,"  reported  in  favor  of  the  passage 
of  the  same,  without  amendment,  which  report  was  agreed  to,  and 
said  proposition  referred  to  the  Committee  of  the  Whole. 

Mr.  Brackett  called  up  the  report  of  the  Committee  on  The 
Legislature,  its  Organization,  etc.,  upon  the  resolution  introduced 
by  Mr.  Quigg,  relating  to  the  composition  of  the  Legislature,  con- 
sideration of  which  was  set  down  for  this  day. 

Debate  was  had. 

On  motion  of  Mr.  Wickersham,  the  Convention  took  a  recess 
until  two  o'clock  and  thirty  minutes  p.  m. 


TWO  O'CLOCK  AND  THIRTY  MINUTES  P.  M.   . 

The  Convention  again  convened. 

Mr.  Akin  moved  to  substitute  for  said  report  the  minority  re- 
port of  said  committee  submitted  to  the  Convention  June  8th. 

Debate  was  had. 

Mr.  Wickersham  moved  to  postpone  further  consideration  of 
said  report  until  Thursday,  June  24th,  which  was  agreed  to. 

On  motion  of  Mr.  Low,  Mr.  Schurman  was  excused  from  the 
sessions  of  to-day  and  to-morrow. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION  223 


WEDNESDAY,  JUNE  16,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  H.  Dykhuizen. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Friday,  June  11th, 
was  approved. 

On  motion  of  Mr.  Parsons,  a  printed  copy  of  Proposed  Amend- 
ment (No.  671,  Int.  No.  655)  entitled  "  Proposed  constitutional 
amendment  to  amend  Sections  one  and  two  of  Article  XII  of 
the  Constitution,  in  relation  to  the  incorporation  of  and  legisla- 
tion affecting  cities  and  villages,"  heretofore  referred  to  the  Com- 
mittee on  Cities,  was  ordered  sent  to  the  Committee  on  Industrial 
Interests  and  Relations  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Parsons,  printed  copies  of  Proposed  Amend- 
ments (No.  86,  Int.  No.  86)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  two  of  Article  V  of  the  Constitution, 
in  relation  to  the  duties  and  powers  of  State  officers,  and  creating 
administrative  departments.' ' 

(No.  172,  Int.  No.  172)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  V  of  the  Constitution,  by  providing 
for  the  appointment  by  the  Governor  of  State  officers." 

(No.  570,  Int.  No.  555)  entitled  "  Proposed  constitutional 
amendment  to  amend  Sections  one,  two,  three  and  four  of 
Article  V  of  the  Constitution,  in  relation  to  short  ballot  and 
eliminating  necessity  of  confirmation  by  Senate  of  Governor's 
appointments,"  heretofore  referred  to  the  Committee  on  Governor 
and  Other  State  Officers,  etc.,  were  ordered  sent  to  the  Committee 
on  Industrial  Interests  and  Relations  with  authority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Tanner,  a  printed  copy  of  Proposed  Amend- 
ment (No.  195,  Int.  No.  194)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  III  of  the  Constitution,  by  insert- 
ing a  new  section,  in  relation  to  delegation  of  legislative  power 
in  matters  affecting  employees,"  heretofore  referred  to  the  Com- 
mittee on  Industrial  Interests  and  Relations,  was  ordered  sent  to 
the  Committee  on  Governor  and  Other  State  Officers,  etc.,  with 


224  JOURNAL  OF  THE 

authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

On  motion  of  Mr.  Tanner,  a  printed  copy  of  Proposed  Amend- 
ment (No.  345,  Int.  No.  341)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  V  of  the  Constitution,  in  relation 
to  departmental  estimates  as  a  basis  for  desired  appropriations," 
heretofore  referred  to  the  Committee  on  the  State  Finances, 
Revenues  and  Expenditures,  was  ordered  sent  to  the  Committee 
on  Governor  and  Other  State  Officers,  etc.,  with  authority  to 
report  such  opinions  thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Tanner,  a  printed  copy  of  Proposed  Amend- 
ment (No.  472,  Int.  No.  460)  entitled  "Proposed  constitutional 
amendment  to  amend  Section  one  of  Article  X  of  the  Constitution 
and  to  insert  a  new  section  therein,  in  relation  to  court  review 
of  removals  of  public  elective  officers,"  heretofore  referred  to  the 
Committee  on  County,  Town  and  Village  Officers,  was  ordered 
sent  to  the  Committee  on  Governor  and  Other  State  Officers,  etc., 
with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

Mr.  Tanner  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Governor  and  Other  State 
Officers,  etc.,  be  discharged  from  the  further  consideration  of 
Proposed  Amendment  (No.  608,  Int.  No.  593)  entitled  "Pro- 
posed constitutional  amendment  to  amend  Sections  eleven  and 
twelve  of  Article  VIII  of  the  Constitution,  to  create  a  department 
of  charities  and  correction  as  a  division  of  the  executive  branch 
of  the  State  government,"  and  that  the  same  be  referred  to  the 
Committee  on  Charities.  A  printed  copy  to  be  sent  to  the  Com- 
mittee on  Governor  and  Other  State  Officers,  etc.,  with  authority 
to  report  such  opinions  thereon  as  it  may  deem  advisable. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Tanner  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Governor  and  Other  State 
Officers,  etc.,  be  discharged  from  the  further  consideration  of 
Proposed  Amendment  (No.  663,  Int.  No.  647)  entitled  "Pro- 
posed constitutional  amendment  to  amend  Sections  eleven,  twelve, 


CONSTITUTIONAL  CONVENTION  225 

thirteen  and  fifteen  of  Article  VIII  of  the  Constitution,  and  to 
insert  a  new  section  in  such  article,  in  relation  to  the  State  Board 
of  Charities,  providing  for  visiting  and  inspecting  of  public  and 
private  institutions  and  societies/'  and  that  the  same  be  referred 
to  the  Committee  on  Charities.  A  printed  copy  to  be  sent  to  the 
Committee  on  Governor  and  Other  State  Officeis,  etc.,  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  advisable. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

By  unanimous  consent,  Mr.  Bannister  introduced  "A  propo- 
sition to  amend  Article  III  of  the  Constitution,  in  relation  to 
legislation  to  limit  height  and  dimensions  of  buildings  in  cities, 
towns  and  villages  "  (Int.  No.  669),  which  was  read  twice,  ordered 
printed  and  referred,  to  the  Committee  on  Cities.  A  printed  copy 
to  be  sent  to  the  Committee  on  Legislative  Powers  with  authority 
to  report  such  opinions  thereon  as  it  may  deem  advisable. 

Also,  "A  proposition  to  amend  Article  III  of  the  Constitution, 
in  relation  to  legislation  to  limit  the  use  and  occupancy  of  build- 
ings in  cities,  towns  and  villages''  (Int.  No.  670),  which  was 
read  twice,  ordered  printed  and  referred  to  the  Committee  on 
Cities.  A  printed  copy  to  be  sent  to  the  Committee  on  Legislative 
Powers  with  authority  to  report  such  opinions  thereon  as  it  may 
deem  advisable. 

Also,  "A  proposition  to  amend  Article  I  of  the  Constitution, 
in  relation  to  the  acquisition  and  disposal  of  property  dangerous 
to  public  health  and  safety"  (Int.  No.  671),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  Cities. 
A  printed  copy  to  be  sent  to  the  Committee  on  Bill  of  Rights 
with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

By  unanimous  consent,  Mr.  Leitner  (by  request)  introduced 
"A  proposition  to  amend  Article  III  of  the  Constitution,  in  rela- 
tion to  forbidding  legislation  prohibiting  physicians  from  receiv- 
ing pay  for  services  in  public  institutions"  (Int.  No.  672),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee 
on  Legislative  Powers. 

Mr.  Sears,  from  the  Committee  on  Contingent  Expenses,  to 
which  was  referred  the  resolution  relative  to  the  printing  of  a 
memorial  presented  by  the  Society  of  Tammany,  introduced  by 

15 


226  JOURNAL  OF  THE 

Mr.  T.  F.  Smith,  reported  in  favor  of  the  adoption  of  the  follow- 
ing resolution: 

Resolved,  That  the  memorial  of  the  Society  of  Tammany  or 
Columbian  Order  be  printed  as  a  document  of  the  Convention. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  J.  S.  Phillips  offered  for  the  consideration  of  the  Con- 
vention a  resolution,  in  the  words  following: 

Resolved,  That  the  communication  from  the  Lieutenant-Gov- 
ernor and  Acting  Governor,  dated  June  8,  1915,  in  reply  to  a 
resolution  of  inquiry  heretofore  adopted  by  the  Convention  relat- 
ing to  the  persons  confined  in  the  State  prisons,  pardons  and 
applications  for  pardons,  be  printed  as  a  document  of  the  Con- 
vention and  distributed  to  the  delegates. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  President  announced  the  General  Orders. 

On  motion  of  Mr.  Wickersham,  the  further  reading  of  the 
General  Orders  Calendar  was  dispensed  with. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


THURSDAY,  JUNE  17,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Tuesday,  June 
15th,  was  approved. 

Mr.  President  presented  the  memorial  of  the  common  council 
of  the  city  of  Johnstown,  which  was  referred  to  the  Committee  on 
Suffrage. 

Also,  the  communication  of  the  Game  Bird  Society  of  Indiana, 
which  was  referred  to  the  Committee  on  Conservation  of  Natural 
Resources. 

Also,  the  memorial  of  the  Society  of  Friends  of  Glens  Falls, 
which  was  referred  to  the  Committee  on  Militia  and  Military 
Affairs. 


CONSTITUTIONAL  CONVENTION  227 

Also,  the  memorial  of  the  Union  League  Club,  which  was  re- 
ferred to  the  Committee  on  Governor  and  Other  State  Officers,  etc. 

Also,  the  memorial  of  the  Voters'  League  of  New  York,  which 
was  referred  to  the  Committee  on  Suffrage. 

Also,  the  memorial  of  the  New  York  State  Tax  and  Transpor- 
tation Reform  Association,  which  was  referred  to  the  Committee 
on  Canals. 

On  motion  of  Mr.  Latson,  printed  copies  of  Proposed  Amend- 
ments (No.  85,  Int.  No.  85)  entitled  "Proposed  constitutional 
amendment  to  amend  Section  one  of  Article  V  of  the  Constitution, 
in  respect  to  State  officers  and  the  selection  thereof." 

(No.  86,  Int.  No.  86)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  two  of  Article  V  of  the  Constitution,  in 
relation  to  the  duties  and  powers  of  State  officers,  and  creating 
administrative  departments." 

(No.  484,  Int.  No.  472)  entitled  "Proposed  constitutional 
amendment  to  amend  Articles  IV,  V,  VIII,  X  and  XI  of  the 
Constitution,  in  relation  to  the  method  of  selection  of  the  Secre- 
tary of  State,  Comptroller,  Treasurer,  Attorney-General,  State 
Engineer  and  Surveyor  and  other  State  officials." 

(No.  555,  Int.  No.  540)  entitled  "Proposed  constitutional 
amendment  to  amend  Sections  one,  two,  three,  four,  five,  six, 
seven,  eight  and  nine  of  Article  IV,  and  sections  one,  two,  three, 
four,  five,  six,  seven,  eight  and  nine  of  Article  V,  relating  to 
the  organization  of  the  executive  branch  of  the  government,  and 
the  powers  and  duties  of  the  Governor  and  other  State  officers," 
heretofore  referred  to  the  Committee  on  Governor  and  Other 
State  Officers,  etc.,  were  ordered  sent  to  the  Committee  on  Militia 
and  Military  Affairs  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Latson,  printed  copies  of  Proposed  Amend- 
ments (No.  439,  Int.  No.  427)  entitled  "Proposed  constitutional 
amendment  to  amend  Section  nine  of  Article  V  of  the  Constitu- 
tion, so  as  to  authorize  the  Legislature  to  extend  a  limited  prefer- 
ence in  appointments  to  the  civil  service  to  residents  of  this 
State  who  have  been  honorably  discharged  from  the  regular  or 
volunteer  military  or  naval  forces  of  the  United  States,  or  who 
have  honorably  completed  a  term  of  enlistment  in  the  active 
militia  or  National  Guard  of  this  State." 


228  JOURNAL  OF  THE 

(No.  266,  Int.  No.  263)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  nine  of  Article  V  of  the  Constitu- 
tion, in  relation  to  removals,"  heretofore  referred  to  the  Com- 
mittee on  Civil  Service,  were  ordered  sent  to  the  Committee  on 
Militia  and  Military  Affairs  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

Mr.  Latson  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Bill  of  Rights  be  discharged 
from  the  further  consideration  of  Proposed  Amendment  (No. 
544,  Int.  No.  529)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  one  of  Article  XI  of  the  Constitution,  in 
relation  to  persons  subject  to  militia  and  military  service, " 
and  that  the  same  be  referred  to  the  Committee  on  Militia  and 
Military  Affairs.  A  printed  copy  to  be  sent  to  the  Committee  on 
Bill  of  Rights  with  authority  to  report  such  opinions  thereon  as 
it  may  deem  advisable. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Latson  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Bill  of  Rights  be  discharged 
from  the  further  consideration  of  Proposed  Amendment  (No. 
452,  Int.  No.  440)  entitled  "  Proposed  constitutional  ameridment 
to  amend  Article  I  of  the  Constitution,  by  adding  a  section  thereto 
insuring  liberty  of  conscience  in  regard  to  military  service,"  and 
that  the  same  be  referred  to  the  Committee  on  Militia  and  Mili- 
tary Affairs.  A  printed  copy  to  be  sent  to  the  Committee  on  Bill 
of  Rights  with  authority  to  report  such  opinions  thereon  as  it 
may  deem  advisable. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  Clerks  of  the  Appellate  Divisions  of  the 
Supreme  Court  in  the  Second,  Third  and  Fourth  Departments, 
respectively,  be  and  they  are  hereby  requested  to  furnish  this 
Convention  with  the  following  information: 

First.  The  number  of  appeals  from  judgments  or  final  orders 
disposed  of  in  their' respective  courts  during  each  of  the  five  years 


CONSTITUTIONAL  CONVENTION  229 

last  past,  specifying  the  number  of  affirmances  and  modifications 
of  judgments  or  final  orders  in  special  proceedings  and  the  num- 
ber of  reversals. 

Second.  Specifying  the  number  of  such  cases  involving  ques- 
tions of  constitutional  law,  the  number  involving  the  interpreta- 
tion of  general  statutes  of  the  United  States  and  of  this  State,  the 
number  of  cases  involving  questions  of  criminal  law,  the  number 
of  cases  involving  interpretation  of  municipal  charters,  the  num- 
ber of  cases  involving  the  interpretation  of  wills,  the  number  of 
cases  arising  out  of  contract,  and  the  number  of  cases  arising  out 
of  actions  on  tort;  also  the  total  number  of  returns  filed  in  said 
courts  respectively  during  each  of  said  years,  and  the  total  num- 
ber of  cases  disposed  of;  also  the  total  number  of  cases  in  which 
notices  of  appeal  to  the  Court  of  Appeals  from  the  judgment  or 
final  order  of  said  court  shall  have  been  filed. 

which  was  referred  to  the  Committee  on  Library  and  Information. 
Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  this  Convention  desires  to  express  its  apprecia- 
tion of  the  kind  invitation  of  the  city  of  Saratoga  Springs  to  at- 
tend the  ceremonies  incident  to  the  unveiling  of  the  Trask  Me- 
morial on  the  morning  of  Saturday,  June  26th,  and  that  the  mem- 
bers of  the  Convention  who  may  find  it  possible  to  personally  ac- 
cept the  invitation  so  courteously  extended  are  requested  to  fur- 
nish their  names  to  the  Secretary  of  this  Convention  on  or  before 
25th  inst.,  and  the  Secretary  is  instructed  to  transmit  a  copy  of 
this  resolution,  together  with  the  names  of  those  of  the  delegates 
so  furnished. 

which  was  agreed  to. 

Mr.  Stimson  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  the  State  Finances,  Reve- 
nues and  Expenditures  be  discharged  from  the  further  considera- 
tion of  Proposed  Amendment  (No.  467,  Int.  No.  455)  entitled 
"  Proposed  constitutional  amendment  to  amend  Article  VIII  of 
the  Constitution,  in  relation  to  regulation  of  the  issuance  of 
municipal  securities,"  and  that  the  same  be  referred  to  the  Com- 
mittee on  Cities.  A  printed  copy  to  be  sent  to  the  Committee  On 
the  State  Finances,  Revenues  and  Expenditures  with  authority  to 
report  such  opinions  thereon  as  it  may  deem  advisable. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 


230  JOURNAL  OF  THE 

Mr.  Stimson  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  the  State  Finances,  Reve- 
nues and  Expenditures  be  discharged  from  the  further  considera- 
tion of  Proposed  Amendment  (No.  482,  Int.  No.  470)  entitled 
"  Proposed  constitutional  amendment  to  amend  Article  VIII  of 
the  Constitution,  in  relation  to  funded  debts  of  the  State,  munic- 
ipal corporations  and  school  districts,"  and  that  the  same  be  re- 
ferred to  the  Committee  on  Cities.  A  printed  copy  to  be  sent  to 
the  Committee  on  the  State  Finances,  Revenues  and  Expendi- 
tures with  authority  to  report  such  opinions  thereon  as  it  may 
deem  advisable. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  M.  -Saxe  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Whereas,  Numerous  requests  from  delegates  have  come  to  the 
Committee  on  the  Holding  of  Exercises  to  Commemorate  the 
700th  Anniversary  of  Magna  Charta,  for  the  printing  and  dis- 
tribution of  copies  of  the  addresses  delivered  before  the  Consti- 
tutional Convention  on  Tuesday  evening,  June  15th;  and, 

Whereas,  The  addresses  delivered  on  that  occasion  were  so  in- 
structive and  inspiring, 

Resolved,  That  the  proceedings  and  speeches,  together  with  a 
copy  of  the  "  Magna  Charta "  engraving  presented  by  Hon, 
Morgan  J.  O'Brien  to  the  State  Department  of  Education,  and 
which  was  on  view  in  the  Assembly  Chamber  during  the  said 
exercises,  be  printed  as  a  document  and  be  made  a  part  of  the 
records  of  this  Convention,  and  that  100,000  extra  copies  of  that 
document  be  printed  for  the  delegates  and  public  distribution; 
further 

Resolved,  That  the  same  be  published  under  the  supervision  of 
the  Committee  on  the  Holding  of  Exercises  to  Commemorate  the 
700th  Anniversary  of  Magna  Charta. 

which  was  referred  to  the  Committee  on  Printing. 

On  motion  of  Mr.  Low,  a  printed  copy  of  Proposed  Amendment 
(No.  633,  Int.  No.  617)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  seven  of  Article  I  of  the  Constitution,  in 
relation  to  taking  private  property  for  public  use,"  heretofore 
referred  to  the  Committee  on  Bill  of  Rights,  was  ordered  sent  to 
the  Committee  on  Cities  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 


CONSTITUTIONAL  CONVENTION  231 

By  unanimous  consent,  Mr.  M.  J.  O'Brien  introduced  a  u  Pro- 
posed constitutional  amendment  to  amend  Article  III,  Section 
four,  of  the  Constitution,  in  relation  to  enumeration  and  reappor- 
tionments" (Int.  No.  673),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  The  Legislature,  its  Organiza- 
tion, etc. 

By  unanimous  consent,  Mr.  M.  Saxe  (by  request)  introduced 
a  "  Proposed  constitutional  amendment  to  amend  Article  I  of  the 
Constitution,  by  adding  thereto  a  new  section,  in  relation  to  the 
continued  operation  of  franchises  in  cities"  (Int.  No.  674), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Cities. 

By  unanimous  consent,  Mr.  Franchot  (by  request)  introduced 
a  "  Proposed  constitutional  amendment  to  amend  Article  V  of 
the  Constitution,  by  adding  thereto  a  new  section,  creating  the 
office  of  auditor-general  to  be  filled  by  the  Legislature  in  joint 
session"  (Int.  No.  675),  which  was  read  twice,  ordered  printed 
and  referred  to  the  Committee  on  Governor  and  Other  State 
Officers,  etc.  A  printed  copy  to  be  sent  to  the  Committee  on  the 
State  Finances,  Revenues  and  Expenditures  with  authority  to 
report  such  opinions  thereon  as  it  may  deem  advisable. 

By  unanimous  consent,  Mr.  Berri  introduced  a  "Proposed 
constitutional  amendment  to  amend  Section  two  of  Article  XII 
of  the  Constitution,  with  relation  to  general  and  special  city 
laws  and  more  particularly  with  reference  to  mandatory  legislation 
passed  by  the  Legislature  and  affecting  cities"  (Int.  No.  676), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Cities.  A  printed  copy  to  be  sent  to  the  Committee 
on  Legislative  Powers  with  authority  to  report  such  opinions 
thereon  as  it  may  deem  advisable. 

By  unanimous  consent,  Mr.  Quigg  introduced  a  "Proposed 
constitutional  amendment  to  amend  Section  eight  of  Article  I 
of  the  Constitution,  relative  to  reparative  publicity  in  libel  cases  " 
(Int.  No.  677),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Bill  of  Rights.  A  printed  copy  to 
be  sent  to  the  Committee  on  Judiciary  with  authority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

By  unanimous  consent,  Mr.  Dunmore  (by  request)  introduced 
a  "  Proposed  constitutional  amendment  to  amend  Sections  one, 


232  JOUENAL  OF  THE 

four  and  six  of  Article  II,  and  'Section  one  of  Article  XII  of  the 
Constitution,  in  relation  to  the  organization  of  summer  resorts 
and  qualifications  of  voters  -at  their  elections"  (Int.  No.  678), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Suffrage. 

On  motion  of  Mr.  Clinton,  printed  copies  of  Proposed  Amend- 
ments (No.  172,  Int.  No.  172)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  V  of  the  Constitution,  by  providing 
for  the  appointment  by  the  Governor  of  State  officer s." 

(No.  869,  Int.  No.  364)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  three  of  Article  V  of  the  Constitu- 
tion, relative  to  assistant  superintendents  and  employees  in  the 
office  of  the  Superintendent  of  Public  Works." 

(No.  661,  Int.  No.  645)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  V  of  the  Constitution,  in  relation 
to  a  State  department  of  engineering  and  public  works,"  hereto- 
fore referred  to  the  Committee  on  Governor  and  Other  State 
Officers,  etc.,  were  ordered  sent  to  the  Committee  on  Canals  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Clinton,  printed  copies  of  Proposed  Amend- 
ments (No.  375,  Int.  No.  370)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  seven  of  Article  VII  of  the  Con- 
stitution, generally,  in  relation  to  the  forests  and  waters  of  the 
State." 

(No.  220,  Int.  No.  219)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  seven  of  Article  VII  of  the  Con- 
stitution, in  reference  to  the  use  and  increase  of  the  Forest  Pre- 
serve, and  the  use  of  the  water  resources  of  the  State." 

(No.  487,  Int.  No.  475)  entitled  "Proposed  constitutional 
amendment  to  amend  Article  I  of  the  Constitution,  in  relation  to 
reserving  to  the  people  of  the  State  and  of  localities,  respectively, 
the  right,  title  and  use  of  surplus  water  and  water  power  im- 
pounded or  created  in  the  construction  of  the  canals  and  other 
public  works,"  heretofore  referred  to  the  Committee  on  Con- 
servation of  Natural  Resources,  were  ordered  sent  to  the  Com- 
mittee on  Canals  with  authority  to  report  such  opinions  thereon 
as  it  may  deem  advisable. 


CONSTITUTIONAL  CONVENTION  233 

On  motion  of  Mr.  Clinton,  a  printed  copy  of  Proposed  Amend- 
ment (No.  342,  Int.  No.  338)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  III  of  the  Constitution,  in  relation 
to  appropriations  and  State  taxes,"  heretofore  referred  to  the 
Committee  On  the  State  Finances,  Revenues  and  Expenditures, 
was  ordered  sent  to  the  Committee  on  Canals  with  authority  to 
report  such  opinions  thereon  as  it  may  deem  advisable. 

Mr.  Cobb  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Cities  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  666, 
Int.  No.  650)  entitled  "  Proposed  constitutional  amendment  to 
amend  Article  XII  of  the  Constitution,  relating  to  cities  and  in- 
corporated villages,  so  as  to  regulate  legislation  concerning  their 
organization  and  management,  and  to  give  them  powers  of  munic- 
ipal self-government." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Cobb,  the  same  was  amended  as  follows: 

Page  1,  line  1,  strike  out  "  so  as  ". 

Page  2,  line  4,  strike  out  the  letter  "s  "  at  the  end  of  "  pro- 
visions "  and  insert  before  "  inconsistent "  the  words  "  in  con- 
flict or  "  in  italics. 

Page  2,  strike  out  from  and  including  "  its  "  in  line  4,  to  and 
including  the  period  in  line  5,  and  insert  in  italics  in  place 
thereof  the  following : 

"  the  general  laws  of  the  State,  or  any  special  city  law  which 
the  Legislature  is  authorized  to  enact  by  this  article." 

Page  2,  line  9,  strike  out  "  that ". 

Page  2,  line  10,  insert  an  italicized  comma  after  "  case  ". 

Page  2,  line  13,  strike  out  the  period  and  bracket  and  italicize 
the  semi-colon  and  insert  in  italics  before  "  may  "  the  words  "  by 
general  laws  ". 

Page  2,  line  16,  before  "town"  insert  "city". 

Page  2,  line  19,  strike  out  the  bracket. 

Page  2,  strike  out  lines  20  to  23,  inclusive. 

Page  2,  line  24,  strike  out  "  state  ",  and  strike  out  "  pass  "  and 
insert  in  italics  in  place  thereof  the  word  "  enact ". 

Page  2,  line  26,  before  "  municipal "  insert  in  italics  "  local ", 
and  strike  out  "  grant  such  "  and  insert  in  italics  in  place  thereof 
the  following :  "  enact  a  special  city  law  or  laws  relating  to  a 
single  city  in  the  exercise  of  its  State  or  governmental  functions, 


234  JOURNAL  OF  THE 

but  no  special  city  law  shall  be  enacted  where  a  general  city  law 
can  be  made  applicable." 

Page  3,  strike  out  lines  1  to  6,  inclusive. 

Page  3,  line  7,  insert  opening  bracket  before  "  all ". 

Page  4,  between  lines  22  and  23  insert  in  italics  the  following: 

"  §  3.  Each  city  and  incorporated  village  shall  have  all  the 
powers  pertaining  to  its  affairs,  property,  government  and  other 
matters  necessary  or  proper  for  the  protection  or  promotion  of  its 
interests  not  forbidden  by  or  inconsistent  with  the  provisions  of 
the  Constitution  or  laws  of  the  State,  but  the  Legislature,  subject 
to  the  restrictions  of  this  article,  may  take  away  any  power 
granted  by  this  section  as  it  shall  deem  best. 

"  §  4.  The  Legislature,  subject  to  the  provisions  of  this  Con- 
stitution, may  grant  such  legislative  or  other  powers  to  cities  and 
incorporated  villages  in  addition  to  those  conferred  by  this  article, 
or  otherwise,  as  it  shall  deem  best." 

Page  4,  line  23,  inclose  with  brackets  the  numeral  "  3  "  and 
insert  before  "All "  the  numeral  "  5  ". 

Page  5,  after  line  16,  insert  in  italics  the  following: 

"  §  6.  A  city  for  the  purposes  of  this  article  shall  be  deemed  to 
include  one  or  more  counties  lying  wholly  within  such  city  and  the 
powers  granted  by  this  article  to  cities  except  as  this  Constitution 
otherwise  provides  shall  extend  over  such  county  or  counties." 

Ordered,  Eeprinted  and  recommitted  to  said  committee. 

Mr.  Sears,  from  the  Committee  on  Contingent  Expenses,  to 
which  was  referred  the  resolution  relative  to  the  printing  of  a 
communication  from  the  Lieutenant-Governor  and  Acting  Gov- 
ernor, dated  June  8,  1915,  relative  to  pardons  and  applications 
for  pardons,  introduced  by  Mr.  J.  S.  Phillips,  reported  in  favor 
of  the  adoption  of  the  following  resolution: 

Resolved,  That  the  communication  from  the  Lieutenant-Gov- 
ernor and  Acting  Governor,  dated  June  8,  1915,  in  reply  to  a 
question  of  inquiry  heretofore  adopted  by  the  Convention,  re- 
lating to  the  persons  confined  in  the  State  prisons,  pardons  and 
applications  for  pardons  be  printed  as  a  document  of  the  Con- 
vention. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  M.  Saxe,  from  the  Committee  on  Taxation,  reported  by  Pro- 
posed Amendment  entitled  "Proposed  constitutional  amendment 


CONSTITUTIONAL  CONVENTION  235 

to  amend  the  Constitution  by  inserting  a  new  article  in  relation 
to  taxation "  (Int.  No.  679),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Taxation. 

Mr.  Barnes  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Legislative  Powers  be  dis- 
charged from  the  further  consideration  of  Proposed  Amendment 
(No.  307,  Int.  No.  303)  entitled  "Proposed  constitutional 
amendment  to  amend  Section  twenty-four  of  Article  III  of  the 
Constitution,  in  relation  to  bills  imposing  a  direct  state-wide  tax/7 
and  that  the  same  be  referred  to  the  Committee  on  the  State 
Finances,  Revenues  and  Expenditures. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Brackett,  from  the  Committee  on  The  Legislature,  its 
Organization,  etc.,  reported  by  Proposed  Amendment  entitled 
"  Proposed  constitutional  amendment  to  amend  Section  four  of 
Article  III  of  the  Constitution,  in  relation  to  apportionment  of 
Senators  and  Members  of  Assembly"  (Int.  No.  680),  which  was 
read  twice,  and  said  committee  requests  that  said  Proposed 
Amendment  when  printed  be  referred  to  the  Committee  of  the 
Whole. 

Which  report  was  agreed  to,  and  said  Proposed  Amendment 
ordered  printed  and  referred  to  the  Committee  of  the  Whole. 

Mr.  President  announced  the  general  orders. 

On  motion  of  Mr.  Wickersham,  the  further  reading  of  the 
General  Orders  Calendar  was  dispensed  with. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  when  this  Convention  adjourn  on  Friday,  July 
2d,  it  adjourn  to  meet  on  Wednesday,  July  7th,  at  12  o'clock, 
noon. 

which  was  agreed  to. 

Mr.  Quigg  moved  that  when  the  Convention  adjourns  it  adjourn 
as  an  expression  of  sympathy  and  respect  for  our  colleague, 
Mr.  S.  K.  Phillips,  in  the  bereavement  he  has  sustained. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

The  President  declared  the  Convention  adjourned. 


236  JOURNAL  OE  THE 


FRIDAY,  JUNE  18,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  C.  M.  Nickerson,  Troy. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Wednesday, 
June  16th,  was  approved. 

Mr.  President  presented  the  resolutions  of  the  common  council 
of  the  city  of  Middletown,  which  were  referred  to  the  Committee 
on  Cities. 

Mr.  Haffen  presented  the  communication  of  Mr.  Edward  Polak, 
register  of  the  county  of  Bronx,  which  was  referred  to  the  Com- 
mittee on  Taxation. 

Mr.  Wood  presented  the  resolutions  of  the  town  board  of  the 
town  of  Wellsville,  which  were  referred  to  the  Committee  on 
Suffrage. 

Mr.  Hale  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  Rule  50,  paragraph  1,  be  amended  as  follows: 
After  the  word  "  debate  "  in  line  1,  paragraph  1,  insert  the  words 
"  whether  reported  by  a  committee  or  otherwise  introduced  ". 

Said  resolution  giving  rise  to  debate,  ordered  that  the  same  be 
laid  upon  the  table. 

Mr.  Hale  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  Rule  32  be  amended  by  striking  out  the  words 
"  agreed  to  "  and  inserting  in  lieu  thereof  the  word  "  accepted  " 
in  the  sentences  relating  to  reports  of  proposed  constitutional 
amendments,  so  that  those  sentences  will  read  as  follows :  "All  pro- 
posed constitutional  amendments  reported  shall,  if  the  report  be 
accepted,  be  committed  to  the  Committee  of  the  Whole  and  imme- 
diately printed." 

Said  resolution  giving  rise  to  debate,  ordered  that  the  same  be 
laid  upon  the  table. 

On  motion  of  Mr.  Tanner,  a  printed  copy  of  Proposed  Amend- 
ment (No.  273,  Int.  No.  270)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  V  of  the  Constitution,  in  relation 
to  establishing  the  industrial  board  and  prescribing  its  powers 


CONSTITUTIONAL  CONVENTION  237 

and  duties/'  heretofore  referred  to  the  Committee  on  Industrial 
Interests  and  Relations,  was  ordered  sent  to  the  Committee  on 
Governor  and  Other  State  Officers,  etc.,  with  authority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

By  unanimous  consent,  Mr.  Donovan  introduced  "A  proposi- 
tion to  amend  Article  I  of  the  Constitution,  in  relation  to  author- 
izing measures  for  the  prevention  or  cure  of  certain  diseases'' 
(Int.  No.  681),  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  Bill  of  Rights. 

By  unanimous  consent,  Mr.  Wagner  introduced  "A  proposi- 
tion to  amend  Article  VI  of  the  Constitution,  in  relation  to  the 
court  of  special  sessions  in  the  city  of  New  York  "  (Int.  No.  682), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  Judiciary. 

By  unanimous  consent,  Mr.  Low  introduced  aA  proposition  to 
amend  Article  VII  of  the  Constitution,  by  adding  a  new  section 
thereto  in  relation  to  the  creation  of  pension  systems  "  (Int.  No. 
683),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  the  State  Finances,  Revenues  and  Expenditures. 
A  printed  copy  to  be  sent  to  the  Committee  on  Legislative  Powers 
with  authority  to  report  such  opinions  thereon  as  it  may  deem 
advisable. 

By  unanimous  consent,  Mr.  Haffen  introduced  "A  proposition 
to  amend  Section  four  of  Article  III  of  the  Constitution,  in  rela- 
tion to  the  apportionment  of  Senators  and  members  of  Assembly  " 
(Int.  No.  684)  which  was  read  twice,  ordered  printed  and  re- 
ferred to  the  Committee  on  The  Legislature,  its  Organization,  etc. 

By  unanimous  consent,  Mr.  Blauvelt  (by  request)  introduced 
"A  proposition  to  amend  Section  seven  of  Article  I  of  the  Con- 
stitution, in  relation  to  compensation  for  property  taken  or  in- 
jured for  public  use"  (Int.  685),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Bill  of  Rights. 

By  unanimous  consent,  Mr.  C.  H.  Young  introduced  "A  propo- 
sition to  amend  Article  II  of  the  Constitution,  by  adding  thereto 
a  new  section  relative  to  the  qualification  of  voters"  (Int.  No. 
686),  which  was  read  twice,  ordered  printed  and  referred  to  the 
Committee  on  Suffrage. 

By  unanimous  consent,  Mr.  Landreth  (by  request)  introduced 


238  JOURNAL  OF  THE 

"A  proposition  to  amend  Section  seven  of  Article  I  of  the  Con- 
stitution, in  relation  to  certain  public  uses  for  which  private 
property  may  be  taken"  (Int.  No.  687),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Bill  of  Rights. 
A  printed  copy  to  be  sent  to  the  Committee  on  Conservation  of 
Natural  Resources  with  authority  to  report  such  opinions  thereon 
as  it  may  deem  advisable. 

Also  (by  request),  "A  proposition  to  amend  Article  V  of  the 
Constitution,  in  relation  to  the  Public  Service  Commission,  its 
powers  and  duties"  (Int.  No.  688),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Public  Utili- 
ties. A  printed  copy  to  be  sent  to  the  Committee  on  Governor 
and  Other  State  Officers,  etc.,  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

By  unanimous  consent,  Mr.  Fobes  introduced  "A  proposition 
to  amend  Article  XII  of  the  Constitution,  in  relation  to  legisla- 
tion affecting  cities  and  incorporated  villages  and  to  powers  of 
self-government  by  cities"  (Int.  No.  689),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Cities. 

By  unanimous  consent,  Mr.  R.  B.  Smith  introduced  "A  propo- 
sition to  amend  Article  VI  of  the  Constitution,  by  adding  a  new 
section  thereto,  in  relation  to  power  of  judges  of  the  Court  of 
Appeals  and  justices  of  the  Supreme  Court  to  make  rules  and 
regulations"  (Int.  No.  690),  which  was  read  twice,  ordered 
printed  and  referred  to  the  Committee  on  Judiciary. 

Mr.  Cullinan  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Superintendent  of  Public  Works  be  re- 
quested to  furnish  this  Convention  with  a  statement  of  the  users 
of  the  surplus  waters  of  the  canals  or  their  feeders,  for  the  develop- 
ment of  water  power  or  otherwise,  and  at  what  places  on  the  canals 
said  surplus  waters  are  taken  or  used  by  said  parties. 

That  the  Superintendent  of  Public  Works  furnish  this  Conven- 
tion with  a  statement  showing  what  contracts  or  agreements  have 
been  entered  into  by  and  between  the  Superintendent  of  Public 
Works  and  the  users  of  the  surplus  waters  of  the  canals  or  their 
feeders. 

which  was  referred  to  the  Committee  on  Library  and  Information. 
Mr.  R.  B.  Smith  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 


CONSTITUTIONAL  CONVENTION  239 

Resolved,  That  the  Committee  on  Legislative  Powers  be  dis- 
charged from  the  further  consideration  of  Proposed  Amendment 
(No.  362,  Int.  No.  290)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  ten  of  Article  III  of  the  Constitution,  in 
relation  to  the  powers  of  each  House  of  the  Legislature." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
R.  B.  Smith,  the  same  was  amended  as  follows : 

Page  1,  line  8,  strike  out  u  and  a  clerk  ". 
Page  1,  line  9,  strike  out  "  and  a  clerk  ". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.  R.  B.  Smith  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Legislative  Powers  be  dis- 
charged from  the  further  consideration  of  Proposed  Amendment 
(No.  278,  Int.  No.  275)  entitled  "Proposed  constitutional  amend- 
ment to  amend  Section  seventeen  of  Article  III  of  the  Constitu- 
tion, in  relation  to  references  in  a  bill  to  existing  laws." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
R.  B.  Smith,  the  same  was  amended  as  follows : 

Page  1,  line  5,  strike  out  "  it  [  ". 

Same  page  and  line,  after  "  act "  insert  "  [  ". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

On  motion  of  Mr.  Wood,  a  printed  copy  of  Proposed  Amend- 
ment (No.  608,  Int.  No.  593)  entitled  "Proposed  constitutional 
amendment  to  amend  Sections  eleven  and  twelve  of  Article  VIII 
of  the  Constitution,  to  create  a  department  of  charities  and  cor- 
rection as  a  division  of  the  executive  branch  of  the  State  govern- 
ment," heretofore  referred  to  the  Committee  on  Governor  and 
Other  State  Officers,  etc.,  was  ordered  sent  to  the  Committee  on 
Charities  with  authority  to  report  such  opinions  thereon  as  it 
may  deem  advisable. 

On  motion  of  Mr.  Wood,  a  printed  copy  of  Proposed  Amend- 
ment (No.  519,  Int.  No.  507)  entitled  "Proposed  constitutional 
amendment  to  amend  Section  eleven  of  Article  VIII  of  the  Con- 
stitution, so  as  to  provide  for  changing  the  name  of  the  State 
Commission  of  Prisons  to  that  of  the  State  Board  of  Correction, 


240  JOURNAL  OF  THE 

and  defining  its  duties,  "  heretofore  referred  to  the  Committee  on 
Prisons,  etc.,  and  the  Prevention  and  Punishment  of  Crime,  was 
ordered  sent  to  the  Committee  on  Charities  with  authority  to 
report  such  opinions  thereon  as  it  may  deem  advisable. 

Mr.  Wood  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  official  stenographer  be  and  he  is  hereby 
directed  to  excuse  the  general  stenographers  from  attendance  and 
service  on  Saturday,  Monday  and  Tuesday,  July  3rd,  5th  and  6th. 

which  was  referred  to  the  Committee  on  Rules. 

On  motion  of  Mr.  Curran,  Proposed  Amendments  No.  613, 
Int.  No.  598,  No.  614,  Int.  No.  599  and  No.  615,  Int.  No.  600, 
were  ordered  reprinted  with  the  statement  thereon  that  they  were 
introduced  at  the  request  of  Mr.  Dahm. 

Mr.  J.  S.  Phillips,  from  the  Committee  on  Library  and  Infor- 
mation, to  which  was  referred  the  resolution  introduced  by  Mr. 
Cullinan,  May  27,  1915,  relative  to  obtaining  certain  information 
from  the  State  Engineer  and  Surveyor,  reported  in  favor  of  the 
adoption  of  the  following  resolution: 

Resolved,  That  the  State  Engineer  and  Surveyor  furnish  this 
Convention  with  a  statement  showing  the  localities  where  the  sur- 
plus waters  of  the  canals  of  the  State  were  used  by  persons,  asso- 
ciations, corporations  or  others  for  the  development  of  water 
power,  prior  to  the  construction  of  the  Barge  canal  improvement, 
pursuant  to  the  terms  of  the  act  in  that  behalf  and  the  referendum 
approving  the  same ;  and  what  moneys,  if  any,  were  paid  or  con- 
tracted to  be  paid  for  the  same. 

That  the  State  Engineer  and  Surveyor  furnish  this  Convention 
with  a  statement  showing  the  localities  where  and  the  amount  of 
water  power  development  arising  out  of  the  construction  of  the 
Barge  canal  improvement,  together  with  the  names  of  the  persons, 
associations,  corporations  or  others  using  the  surplus  waters  of  the 
canal  for  the  development  of  water  power;  and  what  moneys  are 
being  paid  or  contracted  to  be  paid  for  the  same. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  J.  S.  Phillips,  from  the  Committee  on  Library  and  Infor- 
mation, to  which  was  referred  the  resolution  introduced  by  Mr. 
Kirby,  June  X0?  1915,  relative  to  obtaining  certain  information 


CONSTITUTIONAL  CONVENTION  241 

from  the  Comptroller,  reported  in  favor  of  the  adoption  of  the 
following  resolution: 

Kesolved,  That  the  Comptroller  be  directed  to  furnish  the  Con- 
vention with  the  amounts  paid  during  the  last  fiscal  year  to  special 
counsel,  to  the  Attorney-General,  the  amounts  paid  to  attorneys 
and  counsel  to  the  various  departments  of  the  State  government 
and  the  amounts  paid  to  attorneys  in  the  various  counties  in  the 
State  in  the  matter  of  the  collection  of  transfer  taxes. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  J.  S.  Phillips,  from  the  Committee  on  Library  and  Infor- 
mation, to  which  was  referred  the  resolution  introduced  by  Mr. 
Wickersham,  June  17,  1915,  relative  to  obtaining  certain  informa- 
tion from  the  Clerks  of  the  Appellate  Division  of  the  Supreme 
Court  of  the  Second,  Third  and  Fourth  Departments,  reported 
in  favor  of  the  adoption  of  the  following  resolution: 

Kesolved,  That  the  Clerks  of  the  Appellate  Divisions  of  the 
Supreme  Court  in  the  Second,  Third  and  Fourth  Departments, 
respectively,  be  and  they  are  hereby  requested  to  furnish  this  Con- 
vention with  the  following  information: 

The  number  of  appeals  from  judgments  or  final  orders  disposed 
of  in  their  respective  courts  during  each  of  the  two  years  last  past, 
specifying,  (1)  the  number  of  affirmances  and  modifications  ot 
judgments  or  final  orders  in  special  proceedings  and  the  number 
of  reversals;  (2)  the  number  of  such  cases  involving  questions  of 
constitutional  law ;  ( 3 )  the  number  involving  the  interpretation  of 
general  statutes  of  the  United  States  and  of  this  State;  (4)  the 
number  of  cases  involving  questions  of  criminal  law ;  (  5 )  the  num- 
ber  of    cases    involving    interpretation    of    municipal    charters; 

(6)  the  number  of  cases  involving  the  interpretation  of  wills; 

(7)  the  number  of  cases  arising  out  of  contract;  (8)  the  num- 
ber of  cases  arising  out  of  actions  in  tort;  (9)  the  total  number 
of  returns  filed  in  said  courts,  respectively,  during  each  of  said 
years  and  the  total  number  of  cases  disposed  of;  and  (10)  the  total 
number  of  cases  involving  interlocutory  questions  of  practice. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution  and  it  was  determined  in  the 
affirmative. 

16 


242  JOURNAL  OF  THE 

Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Eesolved,  That  with  a  view  to  the  preservation  for  future  ref- 
erence and  use  of  the  data  upon  which  the  Convention  and  its 
committees  act,  the  clerks  of  all  the  committees  of  the  Convention 
charged  with  any  part  of  the  work  of  revision  or  amendment  be 
and  they  hereby  are  directed  to  preserve  all  statements  of  fact, 
answers  to  inquiries,  printed  and  written  arguments,  official  com- 
munications, petitions,  memorials,  and  communications  from  insti- 
tutions, corporations  and  voluntary  associations  coming  to  their 
hands. 

All  of  such  papers  as  are  not  returned  to  the  Secretary  of  the 
Convention  shall,  when  the  respective  committees  have  no  further 
use  therefor,  be  delivered  to  the  Clerk  of  the  Committee  on  Library 
and  Information. 

All  of  such  papers  as  shall  be  returned  to  the  Secretary  of  the 
Convention  shall,  when  the  Convention  has  no  further  use  there- 
for, be  delivered  by  the  Secretary  to  the  Clerk  of  the  Committee 
on  Library  and  Information.  The  Committee  on  Library  and  In- 
formation is  instructed  to  provide  for  the  permanent  deposit  of  all 
such  papers  in  the  State  Library  or  otherwise  so  that  they  may 
continue  available  for  reference. 

which  was  referred  to  the  Committee  on  Library  and  Information. 
Mr.  Bunce  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Eesolved,  That  Evart  M.  Howland  be  appointed  messenger  in 
place  of  Victor  Adams,  resigned. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  President  announced  the  General  Orders. 

On  motion  of  Mr.  Wickersham,  the  calling  of  the  General 
Orders  Calendar  was  dispensed  with. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION  243 


TUESDAY,  JUNE  22,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President  in 
the  chair. 

Prayer  by  Rev.  Charles  H.  Hess. 

On  motion  of  Mr.  Wicker  sham,  the  journal  of  Thursday,  June 
17th,  was  approved. 

Mr.  President  presented  the  memorial  of  the  Agricultural  Or- 
ganization, which  was  referred  to  the  Committee  on  Governor  and 
Other  State  Officers,  etc.  A  copy  to  be  sent  to  the  Committee  on 
Conservation  of  Natural  Resources  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

Mr.  President  presented  the  communication  of  the  Secretary  of 
State,  in  response  to  resolution  of  the  Convention,  which  was  re- 
ferred to  the  Committee  on  Library  and  Information. 

Mr.  J.  G.  Saxe  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  Suffrage  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  188,  Int. 
No.  4),  entitled  "  Proposed  constitutional  amendment  to  amend 
Section  four  of  Article  II  of  the  Constitution,  in  respect  to  the  en- 
actment of  election  and  registration  laws." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr.  J.  G. 
Saxe,  the  same  was  amended  as  follows : 

Page  1,  line  7,  after  the  word  "  (State "  insert  in  italics 
"  elective  ". 

Line  11,  insert  a  comma  after  "  ventions  ",  strike  out  the  period 
following  "  them  ",  insert  lower  case  italic  "  v  "  in  place  of  cap 
"  V  "  in  word  "  Voters  ",  strike  out  the  comma  and  insert  semicolon 
after  the  word  "  annually  "  and  strike  out  the  word  "  and  ". 

Page  2,  line  1,  strike  out  all  italicized  words  and  the  italic  cap 
"  LI  "  in  the  word  "  Registration  "  and  both  brackets. 

Line  2,  strike  out  the  bracket. 

Line  5,  place  bracket  after  the  word  "  only  ". 

Line  6,  place  bracket  and  a  period  after  the  word  "  voters  "  and 
insert  in  italics  before  the  word  "  not  "  the  word  "  Voters  ".    After 


244  JOURNAL  OF  THE 

the  word  "  villages  "  insert  in  italics  "  shall  be  registered,  upon  per- 
sonal application  only,  in  each  year  in  which  a  President  of  the 
United  States  is  to  be  elected.    In  other  years,  they  ". 
Line  8,  strike  out  bracket. 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

On  motion  of  Mr.  Wickersham,  printed  copies  of  Proposed 
Amendments  (No.  11,  Int.  No.  11),  entitled  u  Proposed  constitu- 
tional amendment  to  amend  iSection  six  of  Article  I  of  the  Consti- 
tution, relating  to  the  bill  of  rights." 

(No.  17,  Int.  No.  17)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  two  of  Article  I  of  the  Constitution,  to  pro- 
vide that  an  agreement  of  three-fourths  of  a  jury  shall  constitute 
a  verdict." 

(No.  43,  Int.  No.  43)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Article  I  of  the  Constitution,  providing  that  in  civil 
eases  jurors  shall  be  six  in  number  instead  of  common-law  jury  of 
twelve." 

(No.  408,  Int.  No.  116)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  two  of  Article  I  of  the  Constitution, 
by  permitting  five-sixths  of  a  jury  to  render  a  verdict  and  by  per- 
mitting defendants  in  criminal  prosecutions  to  waive  a  jury." 

(No.  198,  Int.  No.  197)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  two  of  Article  I  of  the  Constitution, 
in  relation  to  the  trial  of  civil  actions  in  the  supreme  court." 

(No.  207,  Int.  No.  206)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  two  of  Article  I  of  the  Constitution, 
to  provide  that  an  agreement  of  five-sixths  of  a  jury  shall  constitute 
a  verdict  in  civil  cases." 

(No.  270,  Int.  No.  267)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  six  of  Article  I,  relative  to  indict- 
ments and  hearings,  and  relative  to  the  failure  of  defendants  to 
testify." 

(No.  295,  Int.  No.  292)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  two  of  Article  I  of  the  Constitution, 
relating  to  trial  by  jury." 

(No.  619,  Int.  No.  604)  entitled  "  Proposed  constitutional 
amendment  to  amend  iSection  six  of  Article  I  of  the  Constitution, 
in  relation  to  criminal  prosecutions  and  to  admitting  a  plea  of 
guilty  before  indictment  except  upon  a  charge  of  murder,"  hereto- 


CONSTITUTIONAL  CONVENTION  245 

fore  referred  to  the  Committee  on  Bill  of  Rights,  were  ordered  sent 
to  the  Committee  on  Judiciary  with  authority  to  report  such  opin- 
ions thereon  as  it  may  deem  advisable. 

Mr.  Haffen  presented  the  resolutions  of  the  Bronx  Board  of 
Trade,  the  first  of  which  was  referred  to  the  Committee  on  Cities ; 
the  second  to  the  Committee  on  the  State  Finances,  Revenues  and 
Expenditures ;  and  the  third  to  the  Committee  on  The  Legislature, 
its  Organization,  etc. 

Mr.  0.  H.  Young  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  Judiciary  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  475,  Int. 
No.  463),  entitled  "  Proposed  constitutional  amendment  to  amend 
Article  VI  of  the  Constitution,  by  adding  thereto  a  new  section  to 
be  known  as  section  twenty-four,  regulating  and  limiting  the  office 
of  official  referee." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr.  C.  II. 
Young,  the  same  was  amended  as  follows : 

Page  1,  line  6,  before  the  word  "  may  "  insert  in  italics  "  or  who 
shall  have  served  not  less  than  one  full  term  which  term  has  expired 
after  he  has  reached  sixty-five  years  of  age  ". 

Page  2,  line  3,  before  "  may  "  insert  in  italics  "  or  who  shall 
have  served  not  less  than  one  full  term  which  term  has  expired  after 
he  has  reached  sixty-five  years  of  age  ". 

Line  24,  after  "  his "  insert  in  italics  "  term  of  ",  and  after 
"  abridged  M  insert  in  italics  "  or  expired  ". 

Page  3,  line  18,  after  "  justice  "  insert  in  italics  "  of  any  court  ". 

Line  19,  after  "  have  "  insert  in  italics  "  expired  or  have  ". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.  Austin  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  the  State  Finances,  Revenues 
and  Expenditures  be  discharged  from  the  further  consideration  of 
Proposed  Amendment  (No.  521,  Int.  No.  509),  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Section  four  of  Article 
VII  of  the  Constitution,  relative  to  the  power  of  the  Legislature  to 
create  debts,  prescribing  the  character  of  the  bonds  to  be  issued  as 
evidencing  such  debts,  and  providing  the  manner  of  payment 
thereof." 

which  was  agreed  to. 


246  JOURNAL  OF  THE 

Said  proposition  having  been  announced,  on  motion  of  Mr.  Aus- 
tin, the  same  was  amended  as  follows : 

Page  2,  line  7,  after  the  word  "  further  "  insert  a  bracket. 
Page  3,  line  10,  after  the  word  "  debt  *'  insert  a  bracket. 
Page  4,  line  13,  change  the  word  "  amortize  "  to  "  amortized  ". 
Page  4,  line  19,  strike  out  the  word  "  equitable  ",  after  the  word 
"  installments, "  insert  "  which  may  be  equal  or  ". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

On  motion  of  Mr.  Hale,  his  resolutions  of  June  18th,  in  relation 
to  amending  Rules  50  and  32,  were  taken  from  the  table  and  re- 
committed to  the  Committee  on  Rules. 

Mr.  Curran  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  words  following : 

Resolved,  That  the  memorial  of  the  New  York  State  Federation 
of  Labor,  laid  before  the  Convention  by  the  President  on  June  15th, 
be  printed  as  a  public  document. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  Mereness,  from  the  Committee  on  County,  Town  and  Vil- 
lage Officers,  reported  by  Proposed  Amendment,  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Section  one  of  Article  X 
of  the  'Constitution,  by  providing  for  coroners"  (Int.  No.  691), 
which  was  read  twice,  ordered  printed  and  referred  to  the  Com- 
mittee on  County,  Town  and  Village  Officers.  A  printed  copy  to 
be  sent  to  the  'Committee  on  Judiciary  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

Mr.  President  announced  the  General  Orders. 

Mr.  Hale  offered  for  the  consideration  of  the  Convention  a  reso- 
lution, in  words  following : 

Resolved,  That  Rule  32  be  amended  by  striking  out  the  second 
sentence  and  inserting  in  place  thereof  the  following:  "All  the 
proposed  constitutional  amendments  reported  favorably  shall  be 
committed  to  the  Committee  of  the  Whole  and  immediately 
printed,  unless  otherwise  ordered." 

which  was  referred  to  the  Committee  on  Rules. 

On  motion  of  Mr.  Wickersham,  the  Committee  on  Rules  was 
instructed  to  report  an  appropriate  expression  of  the  Convention  re- 
garding the  Grand  Army  of  the  Republic  now  in  session  in  this  city. 

Mr.  Kirby  was  excused  from  the  sessions  of  the  week. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION  247 


WEDNESDAY,  JUNE  23,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Friday,  June 
18th,  was  approved. 

Mr.  Reeves  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  each  of  the  commissioners  of  public  records  in 
the  counties  of  New  York  and  Kings  be  requested  to  furnish  to  this 
Convention,  with  all  convenient  speed,  the  following  information 
relative  to  the  organization,  work  and  expenses  of  his  office : 

1.  The  number  of  employees  in  his  office. 

2.  The  salary  paid  to  each  such  employee,  and  the  total  amount 
of  salaries  paid. 

3.  The  total  expense  of  his  office  per  year. 

4.  The  nature  and  amount  of  the  work  thus  far  done,  and  how 
it  has  progressed  from  year  to  year  during  the  continuance  of  the 
office. 

5.  The  nature  and  amount  of  the  work  yet  to  be  done,  especially 
with  reference  to  the  re-indexing  of  the  records  and  putting  them 
into  permanent  form. 

which  was  referred  to  the  Committee  on  Library  and  Information. 

On  motion  of  Mr.  Low,  a  printed  copy  of  Proposed  Amendment 
(No.  275,  Int.  No.  272)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  one  of  Article  XII  of  the  Constitution,  in 
relation  to  funded  debt  of  municipalities,"  heretofore  referred  to 
the  Committee  on  Counties,  Towns  and  Villages,  their  Organiza- 
tion, Government,  etc.,  was  ordered  sent  to  the  Committee  on 
Cities  with  authority  to  report  such  opinions  thereon  as  it  may 
deem  advisable. 

Mr.  Foley  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  Public  Utilities  be  discharged 
from  the  further  consideration  of  Proposed  Amendment  (No.  98, 
Int.  No.  98)  entitled  "Proposed  constitutional  amendment  to 
amend  Article  V  of  the  Constitution,  by  adding  a  new  section 
thereto  in  relation  to  public  service  commissions  for  the  first  and 
second  districts." 


which  was  agreed  to. 


S4S  JOURNAL  OF  THfi 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Foley,  the  same  was  amended  as  follows : 

Page  1,  line  7,  insert  in  italics  the  following  after  the  word 
"  removed  "  "  The  present  commissioners  of  each  district  shall  con- 
tinue in  office  until  the  completion  of  their  respective  terms  or 
unless  sooner  removed  in  the  manner  herein  provided." 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

On  motion  of  Mr.  Marshall,  printed  copies  of  Proposed  Amend- 
ments (No.  23,  Int.  No.  23)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  nineteen  of  Article  I  of  the  Con- 
stitution, to  provide  workmen's  compensation  for  injuries  or  death 
from  accident  or  occupational  disease." 

(No.  197,  Int.  No.  196)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  I  of  the  Constitution,  in  relation  to 
legislation  affecting  employees." 

(No.  417,  Int.  No.  405)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  nineteen  of  Article  I  of  the  Con- 
stitution, in  relation  to  legislation  affecting  employees." 

(No.  420,  Int.  No.  408)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  nineteen  of  Article  I  of  the  Con- 
stitution, in  relation  to  social  insurance,  including  workmen's 
compensation." 

(No.  569,  Int.  No.  554)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  I  of  the  Constitution,  in  relation  to 
social  and  industrial  justice,"  heretofore  referred  to  the  Com- 
mittee on  Industrial  Interests  and  Relations,  were  ordered  sent 
to  the  Committee  on  Bill  of  Rights  with  authority  to  report  such 
opinions  thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Marshall,  printed  copies  of  Proposed  Amend- 
ments (No.  59,  Int.  No.  59)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  six,  Article  I  of  the  Constitution, 
in  relation  to  imprisonment  in  civil  actions  except  in  certain 
cases." 

(No.  95,  Int.  No.  95)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  one  of  Article  I  of  the  Constitution,  by 
providing  that  suits  may  be  brought  against  the  State  as  against 
an  individual." 

(No.  117,  Int.  No.  117)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  six  of  Article  I  of  the  Constitution, 


CONSTITUTIONAL  CONVENTION  249 

in  relation  to  arrest  or  imprisonment  in  civil  actions  or  proceed- 
ings/' heretofore  referred  to  the  Committee  on  the  Judiciary, 
were  ordered  sent  to  the  Committee  on  Bill  of  Eights  with  au- 
thority to  report  such  opinions  thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Marshall,  printed  copies  of  Proposed  Amend- 
ments (No.  282,  Int.  No.  279),  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  fifteen  of  Article  I  of  the  Constitu- 
tion of  the  State  of  New  York,  in  relation  to  courts  for  Indians.' ' 

(No.  451,  Int.  No.  439)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  fifteen  of  Article  I  of  the  Constitu- 
tion of  the  State  of  New  York,  in  relation  to  the  government  of 
Indians,"  heretofore  referred  to  the  Committee  on  Relations  to  th'j 
Indians,  were  ordered  sent  to  the  Committee  on  Bill  of  Rights  with 
authority  to  report  such  opinions  thereon  as  it  may  deem  advis- 
able. 

On  motion  of  Mr.  Marshall,  printed  copies  of  Proposed  Amend- 
ments (No.  487,  Int.  No.  475)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  I  of  the  Constitution,  in  relation  to 
reserving  to  the  people  of  the  State  and  of  localities,  respectively, 
the  right,  title  and  use  of  surplus  water  and  water  power  im- 
pounded or  created  in  the  construction  of  the  canals  and  other 
public  works."  , 

(No.  561,  Int.  No.  546)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  I  of  the  Constitution,  in  relation  to 
grants  of  land  under  water." 

(No.  564,  Int.  No.  549)  entitled  "Proposed  constitutional 
amendment  to  amend  Article  III  of  the  Constitution,  in  relation 
to  the  granting  of  lands  under  water,"  heretofore  referred  to  the 
Committee  on  Conservation  of  Natural  Resources,  were  ordered 
sent  to  the  Committee  on  Bill  of  Rights  with  authority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

On  motion  of  Mr.  Marshall,  a  printed  copy  of  Proposed  Amend- 
ment (No.  590,  Int.  No.  575)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  ten  of  Article  I  of  the  Constitution, 
in  respect  to  the  ownership  by  the  State  of  all  waters  within  its 
jurisdiction,"  heretofore  referred  to  the  Committee  on  Canals, 
was  ordered  sent  to  the  Committee  on  Bill  of  Rights  with  au- 
thority to  report  such  opinions  thereon  as  it  may  deem  advisable. 


250  JOURNAL  OF  THE 

Mr.  Stimson  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  the  State  Finances,  Revenues 
and  Expenditures  be  discharged  from  the  further  consideration  of 
Proposed  Amendment  (No.  703,  Int.  No.  683)  entitled  "  Proposed 
constitutional  amendment  to  amend  Article  VII  of  the  Constitu- 
tion, in  relation  to  the  creation  of  pension  systems,"  and  that  the 
same  be  referred  to  the  Committee  on  Civil  Service. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  M.  Saxe  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Taxation  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  267,  Int. 
No.  264)  entitled  "  Proposed  constitutional  amendment  to  amend 
Section  two  of  Article  VII,  relative  to  a  direct  tax  for  the  mainte- 
nance and  conduct  of  the  State  government,"  and  that  the  same  be 
referred  to  the  Committee  on  the  State  Finances,  Revenues  and 
Expenditures.  A  printed  copy  to  be  sent  to  the  Committee  on 
Taxation  with  authority  to  report  such  opinions  thereon  as  it  may 
deem  advisable. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Rosch  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  Lee  V.  Gardner,  now  employed  as  messenger,  be 
transferred  to  the  position  of  assistant  mailing  clerk,  at  a  salary  of 
$5.00  per  day. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  Stimson,  from  the  Committee  on  the  State  Finances,  Reve- 
nues and  Expenditures,  reported  by  Proposed  Amendment  en- 
titled "  Proposed  constitutional  amendment  to  amend  Sections 
two,  four  and  five  of  Article  VII  of  the  Constitution,  in  relation 
to  debts  contracted  by  the  State  "  (Int.  No.  692),  which  was  read 
twice,  ordered  printed  and  referred  to  the  Committee  on  the  State 
Finances,  Revenues  and  Expenditures. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  presented  the 
following  report: 

The  Committee  on  Rules,  acting  under  the  direction  of  the  Con- 
vention upon  the  resolution  offered  by  Mr.  Fancher  on  the  twenty- 


CONSTITUTIONAL  CONVENTION  251 

second  of  June,  recommend  the  adoption  of  the  following  resolu- 
tion: 

Resolved,  That  with  a  deep  sense  of  the  debt  of  gratitude  which 
the  people  of  the  State  of  New  York  in  common  with  all  Americans 
owe  to  the  men  who  preserved  the  Union  in  the  great  Civil  War  of 
1861  to  1865,  the  members  of  the  Constitutional  Convention  of 
the  State  of  New  York  join  with  the  citizens  of  Albany  in  a  heart- 
felt welcome  to  the  members  of  the  Grand  Army  of  the  Republic 
upon  their  annual  encampment  in  the  capital  city  of  the  State. 

Resolved,  That  a  committee  of  seven  members  of  the  Convention 
be  appointed  by  the  Chair  to  represent  the  Convention  upon  the 
review  of  the  Grand  Army,  and  that  the  officers  of  the  Convention 
be  ex-officio  members  of  the  committee. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  President  appointed  as  such  committee,  Messrs,  Fancher, 
Stowell,  Weed,  Wadsworth,  Sheehan,  Wlckersham  and  Stimson. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  presented 
the  following  report: 

The  Committee  on  Rules  recommends  the  adoption  of  the  fol- 
lowing amendment  to  Rule  56  in  relation  to  suspension  of  the  rules, 
as  follows : 

In  the  sentence  "A  motion  to  suspend  the  rules  shall  in  all  cases 
state  specifically  the  object  of  the  suspension  and  every  case  of 
suspension  of  a  rule  under  such  notice  or  motion  shall  be  held 
to  apply  only  to  the  object  specified  therein."  After  the  word 
"  cases  "  insert  the  words  "  be  made  upon  one  day's  notice  which 
shall "  so  that  the  sentence  will  read  as  follows : 

"A  motion  to  suspend  the  rules  shall  in  all  cases  be  made  upon 
one  day's  notice  which  shall  state  specifically  the  object  of  the  sus- 
pension and  every  case  of  suspension  of  a  rule  under  such  notice 
and  motion  shall  be  held  to  apply  only  to  the  object  specified 
therein." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  presented  the 
following  report: 

The  Committee  on  Rules,  to  which  was  referred  the  resolution 


252  JOURNAL  OF  THE 

offered  by  Mr.  Hale  at  the  request  of  Mr.  Brackett,  on  the  twenty- 
second  of  June,  have  duly  considered  the  same  and  recommend  the 
adoption  thereof  as  follows: 

In  Eule  32  strike  out  the  words  "  all  proposed  constitutional 
amendments  reported  shall,  if  the  report  be  agreed  to,  be  com- 
mitted to  the  Committee  of  the  Whole  and  immediately  printed/' 
and  insert  in  lieu  thereof  the  words  "All  proposed  constitutional 
amendments  reported  favorably  shall  be  committed  to  the  Com- 
mittee of  the  Whole  and  immediately  printed  unless  a  different 
order  be  made  not  inconsistent  with  Rule  34." 

Said  resolution  giving  rise  to  debate,  ordered  that  the  same  be 
laid  upon  the  table. 

Mr.  President  presented  the  answer  of  the  State  Comptroller  to 
resolution  of  the  Convention  in  relation  to  the  sinking  funds  of  the 
State,  which  was  referred  to  the  Committee  on  the  State  Finances, 
Revenues  and  Expenditures. 

The  President  announced  the  General  Orders. 

Mr.  Bell  offered  for  the  consideration  of  the  Convention  a  reso- 
lution, in  the  words  following : 

Resolved,  That  the  Committee  on  Governor  and  Other  State 
Officers,  etc.,  be  discharged  from  the  further  consideration  of  Pro- 
posed Amendment  (No.  643,  Int.  No.  627)  entitled  "  Proposed 
constitutional  amendment  to  repeal  Section  five  of  Article  IV  of 
the  Constitution,  relating  to  the  pardoning  power  of  the  Governor, 
and  to  amend  Sections  eleven  and  twelve  of  Article  VIII  of  the 
Constitution  so  as  to  provide  for  the  creation  of  a  State  board  of 
pardons  and  the  transfer  to  it  of  the  pardoning  power  now  vested 
in  the  Governor,"  and  that  the  same  be  referred  to  the  Committee 
on  Prisons,  etc.,  and  the  Prevention  and  Punishment  of  Crime. 

Said  resolution  giving  rise  to  debate,  ordered  that  the  same  be 
laid  upon  the  table. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION  253 


THURSDAY,  JUNE  24,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  Charles  M.  Nickerson. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Tuesday,  June 
22nd,  was  approved. 

Mr.  President  presented  the  communication  of  the  Inter-City 
Civic  League,  which  was  referred  to  the  Committee  on  Bill  of 
Rights. 

On  motion  of  Mr.  Latson,  Miss  Lillian  Temple,  stenographer 
to  the  Committee  on  Militia  and  Military  Affairs,  was  excused 
from  duty  for  the  week  on  account  of  illness. 

Mr.  Bayes  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Secretary  of  State  be  and  he  hereby  is 
directed  to  transmit  to  this  Convention  as  soon  as  may  con- 
veniently be  done,  the  number  of  indictments  for  murder  in  the 
first  and  second  degrees  found  by  grand  juries  of  the  various 
counties  of  this  State  for  the  past  five  years,  up  to  January  1, 
1915,  and  the  number  of  convictions  of  each  degree  had  upon  such 
indictments,  including  pleas  of  murder  in  the  second  degree. 

which  was  referred  to  the  Committee  on  Library  and  Information. 
Mr.  Low  offered  for  the  consideration  of  the  Convention  a  reso- 
lution, in  the  words  following : 

Resolved,  That  the  Committee  on  Cities  be  discharged  from 
the  further  consideration  of  the  resolutions  of  the  common  council 
of  the  city  of  Middletown,  and  that  the  same  be  referred  to  the 
Committee  on  Suffrage. 

which  was  agreed  to. 

Mr.  Olcott  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  Public  Utilities  be  discharged 
from  the  further  consideration  of  Proposed  Amendment  (No. 
252,  Int.  No.  249)  entitled  "  Proposed  constitutional  amendment 
to  amend  the  Constitution,  by  adding  a  new  article  creating  pub- 
lic utilities  commissions,  and  prescribing  their  jurisdiction, 
powers  and  duties." 

which  was  agreed  to. 


254  JOURNAL  OF  THE 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Olcott,  the  same  was  amended  by  striking  out  all  after  the  enact- 
ing clause  and  substituting  print  No.  718. 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

Mr.  C.  H.  Young  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Suffrage  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  706,  Int. 
No.  686)  entitled  "  Proposed  constitutional  amendment  to  amend 
Article  II  of  the  Constitution,  relative  to  the  qualification  of 
voters." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr.  C. 
H.  Young,  the  same  was  amended  as  follows: 

Page  1,  line  4,  strike  out  "  six-  ". 

Page  1,  line  5,  strike  out  "  teen "  and  insert  in  italics 
"  eighteen  ". 

Page  1,  line  6,  strike  out  "  can  "  and  insert  in  italics  in  place 
thereof  "  is  able,  except  for  physical  disability,  to  ". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

Mr.  S.  K.  Phillips,  from  the  Committee  on  Contingent  Ex- 
penses, reported  in  favor  of  the  passage  of  the  following  resolu- 
tion: 

Resolved,  That  Mary  E.  'Cumming  be  transferred  as  committee 
stenographer  from  the  Committee  on  Taxation  to  the  Committee 
on  Contingent  Expenses,  and  that  Helen  N.  Myers  be  transferred 
from  the  list  of  general  stenographers  to  the  Committee  on  Tax- 
ation, at  a  salary  of  five  dollars  per  day;  and  that  Helen  E. 
Dittrich  be  transferred  from  the  list  of  general  stenographers  and 
assigned  as  stenographer  to  Vice-President  O'Brien. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  President  announced  the  General  Orders,  none  of  which 
were  moved. 

Mr.  Brackett  called  up  the  report  of  the  Committee  on  the  Leg- 
islature, its  Organization,  etc.,  upon  the  resolution  in  relation  to 
the  composition  of  the  Legislature  introduced  by  Mr.  Quigg,  con- 
sideration of  which  was  set  down  for  this  day. 


CONSTITUTIONAL  CONVENTION  255 

Mr.  President  stated  the  question  to  be  upon  the  motion  of  Mr. 
Akin  to  substitute  therefor  the  report  of  the  minority  of  said  com- 
mittee. 

Mr.  Wickersham  moved  that  further  consideration  of  said  re- 
port be  indefinitely  postponed. 

Debate  was  had  thereon,  when  Mr.  Wickersham  moved  the  pre- 
vious question. 

Mr.  President  put  the  question  "  Shall  the  main  question  be 
now  put?"  and  it  was  determined  in  the  affirmative. 

Mr.  President  then  put  the  question  whether  the  Convention 
would  agree  to  said  motion  of  Mr.  Wickersham,  and  it  was  de- 
termined in  the  affirmative. 

Mr.  Brackett  called  up  the  report  of  the  Committee  on  the  Leg- 
islature, its  Organization,  etc.,  upon  Proposed  Amendment  (No. 
279,  Int.  No.  276)  entitled  "Proposed  constitutional  amendment 
to  amend  Article  III  of  the  Constitution,  in  relation  to  the  com- 
position of  the  Senate  and  the  terms  of  its  members,  and  Section 
one  of  Article  XIV,  in  relation  to  constitutional  amendments," 
consideration  of  which  had  been  postponed. 

Said  report  having  been  announced,  Mr.  Wickersham  moved 
that  consideration  of  said  report  be  referred  to  the  Committee  of 
the  Whole. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Mr.  Wickersham  moved  that  the  Convention  do  now  go  into 
the  Committee  of  the  Whole  for  the  consideration  of  General  Or- 
der No.  5  (Print  No.  697,  Int.  No.  680)  entitled  "Proposed  con- 
stitutional amendment  to  amend  Section  four  of  Article  III  of 
the  Constitution,  in  relation  to  apportionment  of  Senators  and 
members  of  Assembly." 

Mr.  Brackett  moved  that  the  Committee  of  the  Whole  be  dis- 
charged from  consideration  of  General  Order  No.  5  (Print  No. 
697,  Int.  No.  680)  entitled  "Proposed  constitutional  amendment 
to  amend  Section  four  of  Article  III  of  the  Constitution,  in  rela- 
tion to  apportionment  of  Senators  and  members  of  Assembly," 
and  that  the  same  be  recommitted  to  the  Committee  on  the  Legis- 
lature, its  Organization,  etc. 

Mr.  Wickersham  moved  to  amend  said  motion  by  adding  thereto 
"with  instructions  to  report  said  proposed  amendment  amended 


256  JOURNAL  OF  THE 

in  such  manner  as  not  to  involve  the  question  of  reapportion- 
ment," and  asked  that  consideration  of  said  motion  and  amend- 
ment be  set  down  for  Wednesday  next. 

Mr.  Wagner  raised  the  point  of  order  that  the  motion  to  dis- 
charge the  committee  was  not  in  order  at  this  time. 

Mr.  President  held  the  point  of  order  well  taken. 

Mr.  Wickersham  called  for  his  motion  to  go  into  the  Committee 
of  the  Whole. 

Mr.  Brackett  raised  the  point  of  order  that  said  motion  was  not 
in  order  at  this  time. 

Mr.  President  held  the  point  of  order  well  taken. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


FRIDAY,  JUNE  25,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Wednesday, 
June  23  d,  was  approved. 

Mr.  Haffen  presented  the  communication  of  William  T.  Rehm 
and  others,  which  was  referred  to  the  Committee  on  Suffrage. 

Mr.  President  presented  the  resolutions  of  Fort  Orange  Court 
Guardians  of  Liberty,  the  first  of  which  was  referred  to  the  Com- 
mittee on  Charities,  the  second  to  the  Committee  on  Taxation 
and  the  third  to  the  Committee  on  State  Finances,  Revenues  and 
Expenditures. 

Also,  the  memorial  of  the  Citizens  Union  of  the  City  of  New 
York,  which  was  referred  to  the  Committee  on  Cities. 

Also,  the  memorial  of  the  State  Commission  on  Law  Delay, 
which  was  referred  to  the  Committee  on  Judiciary. 

Also,  the  communication  of  the  New  Yrork  Society  for  the  Pre- 
vention of  Cruelty  to  Children,  which  was  referred  to  the  Com- 
mittee on  Charities. 

Also,  the  communication  of  Charles  M.  Dennison,  which  was 
referred  to  the  Committee  on  Corporations. 

Also,  the  communication  of  H.  F.  Foster,  which  was  referred 
to  the  Committee  on  Suffrage. 


CONSTITUTIONAL  CONVENTION  257 

Also,  the  communication  of  Louis  J.  Altkrug,  which  was  re- 
ferred to  the  Committee  on  Judiciary. 

Also,  the  communication  of  the  committee  for  a  State  Police, 
which  was  referred  to  the  Committee  on  Governor  and  Other 
State  Officers,  etc. 

By  unanimous  consent,  Mr.  Haffen  introduced  the  following: 
"  Proposition  to  amend  Sections  two,  three  and  four  of  Article 
III  of  the  Constitution,  in  relation  to  number  and  terms  of 
Senators  and  Assemblymen;  Senate  districts;  enumerations  and 
reapportionments"  (Int.  No.  693),  which  was  read  twice,  or- 
dered printed  and  referred  to  the  Committee  on  The  Legislature, 
its   Organization,    etc. 

Mr.  Franchot  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Cities  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  68,  Int. 
No.  68)  entitled  "Proposed  constitutional  amendment  to  amend 
Article  XII  of  the  Constitution,  guaranteeing  to  cities  and  incor- 
porated villages  the  right  of  municipal  self-government  and  re- 
stricting the  power  of  the  Legislature  to  the  enactment  of  general 
laws  in  reference  thereto." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Franchot,  the  same  was  amended  as  follows: 

In  the  title,  before  "  guaranteeing  "  insert  "  in  relation  to ", 
and  strike  out  from  the  title  the  words  "  and  incorporated  vil- 
lages ",  and  strike  out  "  restricting  the  power  of  the  Legislature 
to  the  enactment  of  general  laws  in  reference  thereto  "  and  insert 
in  place  thereof  "  to  transfer  to  Article  III  the  provisions  relat- 
ing to  legislation  for  the  protection  of  employees." 

Page  1,  preceding  line  1,  insert  the  following: 

Article  I  of  the  Constitution  is  hereby  amended  by  inserting 
therein  a  new  section,  to  be  appropriately  numbered,  to  read  as 
follows : 

"  §  — .  The  Legislature  may  regulate  and  fix  the  wages  or 
salaries  and  the  hours  of  work  or  labor  of  persons  employed  by 
the  State  or  by  any  county,  other  than  a  county  wholly  contained 
within  a  city,  or  employed  by  any  town,  village  or  other  civil 
division  of  the  State  except  a  city,  or  by  any  contractor  or  sub- 
contractor performing  work,  labor  or  services  for  the  State  or 
for  any  county,  city,  town,  village  or  other  civil  division  thereof; 
17 


258  JOURNAL  OF  THE 

and  may  make  provision  for  the  protection,  welfare  and  safety 
of  all  such  persons  and  of  persons  employed  by  a  city  or  by  a 
county  wholly  contained  within  a  city." 

Page  1,  line  3,  strike  out  everything  preceding  the  section 
mark. 

Page  1,  line  5,  enclose  with  brackets  the  word  "their"  and 
insert  in  italics  before  "power"  ",  as  to  villages,  the". 

Page  1,  line  7,  insert  in  italics  after  "  credit,"  "  and  as  to 
cities  the  power  of  taxation  and  assessment,"  and  insert  in  italics 
after  the  word  "  in  ",  where  first  occurring,  the  words  "  the  exer- 
cise of  such  powers ",  and  insert  an  opening  bracket  before  "  as- 
sessments ". 

Page  1,  line  8,  strike  out  the  brackets  and  the  italicized  matter. 

Page  1,  strike  out  lines  9  and  10. 

Page  2,  strike  out  lines  1  to  22,  inclusive,  and  the  italicized 
matter  in  line  23. 

Page  3,  line  4,  insert  a  closing  bracket  "  ]  "  after  "  thereof  " 
and  insert  in  italics  after  the  period  "  The  board  of  aldermen  or 
other  similar  legislative  body  of  each  city,  subject  to  the  approval 
of  the  mayor  and  also  of  the  board  of  estimate  and  apportionment 
or  similar  body,  if  any,  or  city  authorities  with  similar  powers 
to  be  constituted  to  succeed  such  board  of  estimate  and  apportion- 
ment or  similar  body,  shall  have  the  power  to  alter  and  amend 
the  existing  or  any  future  city  charter,  including  one  adopted 
hereunder  by  city  electors,  and  shall  have  all  other  powers,  sub- 
ject only  to  the  express  limitations  of  this  Constitution,  of  regu- 
lating and  governing  the  affairs  of  the  city  and  of  a  county  or 
counties,  if  any,  wholly  within  its  boundaries,  together  with 
power  to  submit  a  new  city  charter  to  the  electors  of  the  city  for 
adoption  by  the  affirmative  vote  of  a  majority  of  the  electors  vot- 
ing thereon." 

Page  3,  strike  out  lines  5  and  6. 

Page  4,  strike  out  line  24  and  so  much  of  line  25  as  precedes 
the   section  mark. 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  The  Legislature,  its  Organi- 
zation, etc.,  be  discharged  from  the  further  consideration  of  Pro- 
posed Amendment  (No.  690,  Int.  No.  673)  entitled  "  Proposed 
constitutional  amendment  to  amend  Section  four  of  Article  III 
of  the  Constitution,  in  relation  to  enumerations  and  reapportion- 
ments." 

which  was  agreed  to. 


CONSTITUTIONAL  CONVENTION  259 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Wickersham,  the  same  was  amended  as  follows: 

Page  1,  line  6,  insert  brackets  "  []  "  before  and  after  the  word 
"five"  and  insert  thereafter  in  italics  the  word  "twenty-five". 
Page  2,  line  2,  insert  bracket  "  [  "  before  the  word  "  and ". 
Page  2,  line  4,  insert  bracket  "  ]  "  after  the  word  "  county  ". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.  R.  B.  Smith  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Cities  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  257,  Int. 
No.  254)  entitled  "  Proposed  constitutional  amendment  to  amend 
Section  one  of  Article  XII  of  the  Constitution,  in  relation  to  the 
delegation  by  the  Legislature  to  cities  and  villages  of  power  of 
local  legislation." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr.  R. 
B.  Smith,  the  same  was  amended  as  follows: 

Page  1,  line  7,  after  "  state  "  insert  in  italics  "  applicable  to  all 
cities  or  all  cities  of  a  class". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.  R.  B.  Smith  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Judiciary  be  discharged 
from  the  further  consideration  of  Proposed  Amendment  (No. 
710,  Int.  No.  690)  entitled  "  Proposed  constitutional  amendment 
to  amend  Article  VI  of  the  Constitution,  in  relation  to  power  of 
judges  of  the  Court  of  Appeals  and  justices  of  the  Supreme  Cour 
to  make  rules  and  regulations." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
R.  B.  Smith,  the  same  was  amended  as  follows : 

Amend  the  title  by  striking  out  the  word  "  and  "  after  "  Ap- 
peals ",  also  after  "  Supreme  Court "  insert  "  and  surrogates ". 
Line  5,  after  "Supreme  Court"  insert  "or  surrogates". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

On  motion  of  Mr.  Tanner,  the  resolution  introduced  by  Mr. 
Bell  June  23d,  in  relation  to  a  change  of  reference  of  Proposed 
Amendment  (No.  643,  Int.  No.  627)  was  taken  from  the  table. 


260  JOURNAL  OF  THE 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Mr.  President  announced  the  General  Orders,  none  of  which 
were  moved. 

Mr.  Lindsay  was  excused  from  the  sessions  of  next  week. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


TUESDAY,  JUNE  29,  1915 

1\he  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  Charles  J.  Dutton,  Rensselaer. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Thursday, 
June  24th,  was  approved. 

Mr.  Leggett  presented  the  memorials  of  the  Citizens'  Hose 
Company  No.  2  and  the  J.  B.  Bradley  Hose  Company  No.  1  of 
the  village  of  Bolivar,  which  were  referred  to  the  Committee  on 
Civil  Service. 

Mr.  President  presented  the  memorial  of  the  New  York  County 
Committee  National  Progressive  Party,  which  was  referred  to  the 
Committee  on  Bill  of  Rights. 

Also,  the  communication  of  the  Long  Island  Baptist  Associa- 
tion, which  was  referred  to  the  Committee  on  Education.  A  copy 
to  be  sent  to  the  Committee  on  the  State  Finances,  Revenues  and 
Expenditures  with  authority  to  report  such  opinions  thereon  as 
it  may  deem  advisable. 

Also,  the  communication  of  William  Hemstreet,  which  was 
referred  to  the  Committee  on  Suffrage. 

Also,  the  resolutions  of  the  New  York  Board  of  Trade  and 
Transportation,  which  was  referred  to  the  Committee  on  Conser- 
vation of  Natural  Resources. 

Mr.  C.  A.  Webber  offered  for  the  consideration  of  the  Con- 
vention a  resolution,  in  the  words  following: 

Resolved,  That  the  board  of  estimate  of  the  city  of  New  York, 
or  such  other  officer  or  officers  of  said  city  as  can  do  so,  be  re- 
quested to  furnish  this  Constitutional  Convention  the  following 
information  in  reference  to  taking  possession  of  private  property 


CONSTITUTIONAL  CONVENTION  261 

for  city  use  before  legally  condemned  and  compensation  made 
under  section  1439  of  the  charter  of  said  city: 

1.  The  number  of  resolutions  passed  by  the  board  of  estimate 
pursuant  to  the  authorization  of  said  section. 

2.  The  number  of  parcels  of  land  taken  possession  of  under 
each  of  said  resolutions  respectively. 

3.  The  approximate  month  and  year  in  which  the  parcels  under 
each  resolution  were  taken,  and  the  approximate  month  and  year 
in  which  the  compensation  therefor  was  paid. 

which  was  referred  to  the  Committee  on  Library  and  Information. 
Mr.  E.  N.  Smith  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Cities  be  discharged  from  the 
further  consideration  of  Proposed  Amendment  (No.  523,  Int. 
No.  511)  entitled  "  Proposed  constitutional  amendment  to  amend 
Section  one  of  Article  XII,  by  providing  for  home  rule  in  eities 
as  to  local  affairs." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
E.  N.  Smith,  the  same  was  amended  as  follows: 

Page  2,  line  6,  after  the  word  "  applicable  "  insert  in  italics  "  to 
the  whole  State  or  ",  and  strike  out  the  words  "  of  the  State  "  and 
insert  in  italics  in  their  place  the  word  "  thereof  ". 

Line  10,  after  the  word  "  local "  insert  in  italics  the  word 
"  city".  After  line  17  insert  in  italics: 

"  The  legislature  shall,  by  joint  ballot,  name  a  board  to  be 
known  as  The  Legislative  Board  for  Cities,  to  consist  of  as  many 
members  as  there  may  be  judicial  districts  in  the  State,  but  not 
more  than  one  member  of  such  board  shall  be  a  resident  of  any 
one  judicial  district;  each  member  shall  hold  office  for  such  term 
and  receive  such  compensation  as  shall  be  fixed  by  law  and  may 
be  removed  from  office  by  the  joint  ballot  of  the  legislature. 

"  Every  local  city  law  enacted  by  any  city  shall  be  certified  to 
such  board  and-  shall  not  go  into  effect  until  sixty  days  after  such 
certification  unless  prior  to  the  lapse  of  such  time  the  board,  by  a 
vote  of  at  least  a  majority  of  all  the  members  thereof,  taken  by 
ayes  and  nays  duly  entered  upon  its  minutes  approve  the  same, 
nor  if,  within  such  time  by  a  like  vote  so  entered,  said  board 
shall  disapprove  the  same.  If  the  board  shall  not  within  such 
time  have  approved  or  disapproved  said  law  it  shall  after  the  ex- 
piration of  such  sixty  days  go  into  effect  as  of  course.  But  no 
local  city  law  shall  go  into  effect  until  after  it  shall  have  been 


262  JOURNAL  OF  THE 

published  at  least  once  in  a  daily  paper  in  the  city  to  which  the  law 
is  applicable." 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.  Wood  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  thanks  of  this  Convention  be  given  to  the 
citizens  of  the  city  of  Saratoga  Springs  for  their  hearty  invitation, 
so  earnestly  extended  by  Mr.  Brackett,  to  the  delegates  to  attend 
the  unveiling  of  the  Spencer  Trask  Memorial,  "  The  Spirit  of 
Life,"  in  the  Casino  Park  at  Saratoga  Springs  on  Saturday  last, 
and  to  Mr.  Brackett,  personally,  and  for  the  gracious  reception 
given  the  delegates  attending  those  most  impressive  and  instruc- 
tive ceremonies,  and  for  conferring  upon  them  the  distinguished 
privilege  of  being  among  the  honored  guests  on  that  interesting 
occasion. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  President  announced  the  General  Orders. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole, 
and  proceeded  to  the  consideration  of  General  Orders,  being  the 
Proposed  Amendment  as  follows: 

(No.  34,  Int.  No.  34)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Article  I  of  the  Constitution,  by  striking  there- 
from the  provisions  of  Section  thirteen  of  said  article  relating 
to  leases  and  grants  of  agricultural  land." 

After  some  time  spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Brackett,  from  said  committee,  reported  progress 
and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  presented  the  communication  of  the  Attorney- 
General  in  response  to  the  resolutions  of  the  Convention  asking 
information  concerning  matters  pending  before  the  'Court  of 
Claims,  which  was  referred  to  the  Committee  on  Judiciary. 

By  unanimous  consent,  Mr.  Brackett,  from  the  Committee  on 
The  Legislature,  its  Organization,  etc.,  to  which  was  referred 
Proposed  Amendment  introduced  by  Mr.  M.  J.  O'Brien  (No.  722, 
Int.  No.  673),  entitled  "  Proposed  constitutional  amendment  to 
amend  Section  foilr  of  Article  III  of  the  Constitution,  in  relation 


CONSTITUTIONAL  CONVENTION  263 

to  enumeration  and  reapportionments,"  reported  adversely 
thereto. 

Mr.  Wagner  moved  to  disagree  with  said  report,  and  asked  that 
said  motion  lie  upon  the  table. 

Mr.  President  put  the  question  on  said  request  to  lay  upon  the 
table,  and  it  was  determined  in  the  affirmative. 

By  unanimous  consent,  Mr.  Franchot  offered  for  the  considera- 
tion of  the  Convention  a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Industrial  Interests  and  Re- 
lations be  discharged  from  the  further  consideration  of  Proposed 
Amendment  (No.  131,  Int.  No.  131)  entitled  "  Proposed  consti- 
tutional amendment  to  amend  Article  V  of  the  Constitution,  by 
striking  therefrom  the  provisions  of  Section  eight  of  said  article 
prohibiting  the  creation  of  offices  for  weighing,  gauging,  meas- 
uring, culling  or  inspecting  any  merchandise,  produce,  manufac- 
ture or  commodity  whatever." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Franchot,  the  same  was  amended  as  follows: 

Page  1,  line  2,  strike  out  the  period  and  insert  ",  reading  as 
follows:  [§  8.  All  offices  for  the  weighing,  gauging,  measuring, 
culling  or  inspecting  any  merchandise,  produce,  manufacture  or 
commodity  whatever,  are  hereby  abolished;  and  no  such  office 
shall  hereafter  be  created  by  law;  but  nothing  in  this  section 
contained  shall  abrogate  any  office  created  for  the  purpose  of  pro- 
tecting the  public  health  or  the  interests  of  the  State  in  its  prop- 
erty, revenue,  tolls  or  purchases,  or  of  supplying  the  people  with 
correct  standards  of  weights  and  measures,  or  shall  prevent  the 
creation  of  any  office  for  such  purposes  hereafter.]  " 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


264  JOURNAL  OF  THE 


WEDNESDAY,  JUNE  30,  1915 

The  Convention  met  pursuant  to  adjournment.  The  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Friday,  June 
25th,  was  approved. 

Mr.  D.  Nicoll  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Mr.  President:  We,  the  delegates  of  the  Constitutional  Con- 
vention of  the  State  of  New  York,  learn  with  deep  regret  of  the 
death  of  that  distinguished  citizen,  John  Clinton  Cray,  who  de- 
voted a  quarter  century  of  his  life  in  the  service  of  the  people  of 
this  State  as  a  judge  of  its  highest  court.  With  a  preparation  for 
his  life  work  at  the  bar,  which  was  extremely  thorough,  he  rose  to 
the  foremost  rank  in  his  profession.  After  appearing  in  some  of 
the  greatest  contests  at  the  bar,  he  went  upon  the  bench  where  his 
name  stands  out  prominently  in  the  judicial  history  of  the  State. 
Devoted  to  his  work  on  the  bench,  his  opinions  show  the  most  care- 
ful consideration  and  thorough  comprehension  of  the  questions 
which  he  was  called  upon  to  decide.  In  them  the  rights  of  the 
individual,  as  well  as  those  of  property,  were  fairly  maintained. 

To  record  his  virtues  is  but  to  enumerate  the  attributes  of  the 
ideal  citizen.  Pre-eminently  did  his  modesty  stand  forth.  When 
asked  for  particulars  of  his  own  career,  he  replied :  "  My  life  has 
been  so  uneventful  as  to  leave  nothing  particular  to  say."    And, 

Whereas,  It  is  fitting  that  this  Convention,  representing  the 
people  of  this  great  State,  pay  its  respect  to  one  with  such  dis- 
tinguished career;  be  it 

Resolved,  That  this  Convention  make  this  resolution  a  part  of 
the  record  of  its  proceedings,  and  that  a  copy  thereof  be  sent  to 
the  immediate  family ;  and  be  it  further 

Resolved,  That  when  this  Convention  adjourns  to-day,  it  do  so 
out  of  respect  to  the  memory  of  our  distinguished  citizen,  John 
Clinton  Gray. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Quigg  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  in  addition  to  the  meetings  of  this  Convention 
ordered  by  the  resolution  adopted  on  April  28,  1915,  in  words 
as  follows: 

"  Resolved,  That  until  further  ordered  the  Convention  meet  at 
12  m.  on  Tuesdays,  and  at  10  a.  m.  on  Wednesdays,  Thursdays 


CONSTITUTIONAL  CONVENTION  265 

and  Fridays,  and  that,  notwithstanding  the  sessions  of  the  Con- 
vention, all  committees  have  leave  to  sit  at  and  after  11  a.  m.  on 
each  day."  The  Convention  meet  at  8:30  p.  m.  on  Wednesdays 
and  Thursdays. 

which  was  referred  to  the  Committee  on  Rules. 

Mr.  Deyo  presented  a  number  of  communications  from  residents 
of  the  Thirty-ninth  district  in  relation  to  the  use  of  public  funds 
for  school  purposes,  which  were  referred  to-  the  Committee  on 
Education. 

Mr.  Wagner  moved  to  take  from  the  table  his  motion  to  disagree 
with  the  report  of  the  Committee  on  The  Legislature,  its  Organiza- 
tion, etc.,  on  Proposed  Amendment  (No.  722,  Int.  No.  673) 
entitled :  "  Proposed  Constitutional  Amendment  to  amend  Section 
four  of  Article  III  of  the  Constitution,  in  relation  to  enumerations 
and  reapportionments,"  which  was  agreed  to. 

Said  report  having  been  announced,  debate  was  had  thereon. 

On  motion  of  Mr.  Wickersham,  further  consideration  of  said 
report  was  postponed  until  Thursday,  July  1st. 

Mr.  Berri,  from  the  Committee  on  Printing,  to  which  was 
referred  the  resolution  relative  to  printing  the  proceedings  of  the 
Magna  Charta  anniversary,  reported  in  favor  of  the  adoption  of 
the  following  resolution : 

Resolved,  That  the  Secretary  be  directed  to  order  printed  as  a 
document  5,000  copies  of  the  proceedings  of  the  Convention  on 
the  evening  of  June  15,  1915,  in  celebration  of  the  Seven  Hun- 
dredth Anniversary  of  the  signing  of  the  Magna  Charta,  2,000 
copies  of  which  are  to  be  bound  in  cloth  and  balance  in  paper 
covers  for  distribution  as  the  President  of  the  Convention  may 
direct. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in 
the  affirmative. 

Mr.  President  presented  the  correspondence  between  the  Presi- 
dent of  the  Convention  and  the  Secretary  of  State  in  reference  to 
the  time  of  the  submission  of  the  completed  work  of  the  Conven- 
tion, which  was  referred  to  the  Committee  on  Rules. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


266  JOURNAL  OF  THE 


THURSDAY,  JULY  1,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  P.  A.  Macdonald,  Saratoga  Springs. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Tuesday,  June 
29th,  was  approved. 

The  President  presented  the  communication  of  the  State  En- 
gineer and  Surveyor,  in  response  to  resolution  of  the  Convention 
adopted  June  18th,  which  was  referred  to  the  Committee  on 
Canals. 

Mr.  Barrett  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Counties,  Towns  and  Vil- 
lages, their  Organization,  Government,  etc.,  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  474,  Int. 
No.  462)  entitled  "Proposed  constitutional  amendment  to  amend 
Article  three  of  the  Constitution  in  relation  to  laws  relating  to 
county  autonomy." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Barrett,  the  same  was  amended  as  follows: 

Page  1,  line  9,  strike  out  everything  after  the  period,  and 
strike  out  all  of  line  10  and  down  to  and  including  the  period 
in  line  11  and  insert  in  italics  in  place  of  the  matter  thus 
stricken  out  the  following:  "  Each  plan  shall  continue  or  estab- 
lish a  county  governing  body  and  designate  or  provide  for  the 
distribution  among  county  authorities  of  powers  conferred  on 
the  county  by  such  plan  or  by  law.  Each  plan  shall  also  pre- 
scribe and  define  county  functions.  Nothing  in  this  Constitution 
shall  hereafter  prevent  the  legislature  from  transferring  to 
county  authorities  powers  and  duties  relating  to  local  functions,  as 
now  or  heretofore  established,  of  cities,  towns  and  villages,  or 
offices  thereof,  within  the  county." 

Page  2,  line  2,  strike  out  "  a  vote  of  the  electors "  and  insert* 
in  italics  "  the  board  of  supervisors  or  other  governing  body." 

Page  2,  line  4,  strike  out  "  the"  at  the  end  of  the  line. 

Page  2,  line  5,  strike  out  "  electors  of  such  county  "  and  insert 
in  italics  "  such  board  or  governing  body." 


CONSTITUTIONAL  CONVENTION  267 

Page  2,  line  6,  insert  at  the  end  of  the  line  in  italics  "  This 
section  shall  not  apply  to  a  county  wholly  included  within  the 
boundaries  of  a  city." 

Page  2,  strike  out  lines  7,  8  and  9  and  insert  the  following 
after  line  6 : 

Sections  twenty-six  and  twenty-seven  of  article  three  of  the 
constitution  are  hereby  amended  to  read  as  follows: 

§  26.  There  shall  be  in  each  county,  except  in  a  county  wholly 
included  in  a  city,  a  board  of  supervisors  or  similar  body,  to  be 
composed  of  such  members  and  elected  in  such  manner  and  for 
such  period  as  is  or  may  be  provided  by  law.  In  a  city  which 
includes  an  entire  county,  or  two  or  more  entire  counties,  the 
powers  and  duties  of  a  board  of  supervisors,  or  similar  body,  may 
be  devolved  upon  the  municipal  assembly,  common  council,  board 
of  aldermen  or  other  legislative  body  of  the  city. 

§  27.  The  Legislature  shall,  by  general  laws,  confer  upon  the 
boards  of  supervisors,  or  similar  bodies,  of  the  several  counties 
of  the  state  such  [further]  powers  of  local  legislation,  and  upon 
said  boards  or  bodies  or  other  county  authorities  such  powers  of 
local  government  and  administration,  as  the  Legislature  may,  from 
time  to  time,  deem  expedient,  and  in  counties  which  now  have,  or 
may  hereafter  have,  county  auditors  or  other  fiscal  officers',  au- 
thorized to  audit  bills,  accounts,  charges,  claims  or  demands 
against  the  county,  the  Legislature  may  confer  such  powers  upon 
said  auditors,  or  fiscal  officers,  as  the  Legislature  may,  from  time 
to  time  deem  expedient. 

Mr.  Deyo  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  Mr.  Dingman  and  Mr.  Patterson,  the  Super- 
intendent and  Assistant  Superintendent  of  the  Convention  Docu- 
ment Room,  be  retained  in  their  present  positions  for  a  period  of 
thirty  days  or  as  long  as  their  services  are  needed  after  the  ad- 
journment of  this  Convention. 

which  was*  referred  to  the  Committee  on  Contingent  Expenses. 

The  President  announced  the  order  of  Reports  of  Standing 
Committees  and  stated  the  question  to  be  upon  the  motion  to  dis- 
agree with  the  report  of  the  Committee  on  The  Legislature,  its 
Organization,  etc.,  on  Proposed  Amendment  (No.  722,  Int.  No. 
673),  entitled  "An  act  to  amend  section  four  of  article  three  of 
the  Constitution,  in  relation  to  enumerations  and  reapportion- 
ments." 

Debate  was  had  thereon.  i 


268 


JOURNAL  OF  THE 


At  two  o'clock  and  forty  minutes  p.  m.  the  Convention  took  a 
recess  until  three  p.  m. 


THKEE   O'CLOCK,   P.   M. 

At  three  o'clock  p.  m.  the  Convention  again  convened. 

Debate  was  continued. 

Mr.  Wickersham  moved  the  previous  question. 

Mr.  President  put  the  question  "  Shall  the  main  question  be 
now  put  ?  "  and  it  was  determined  in  the  affirmative. 

The  President  then  put  the  question  whether  the  Convention 
would  agree*  to  said  motion  of  Mr.  Wagner  and  it  was  deter- 
mined in  the  negative. 

THOSE  WHO  VOTED  IN  THE  AFFIRMATIVE 


Ahearn 

Donovan 

Mann 

Ryan 

Unger 

Baldwin 

Dooling 

Martin  F 

Saxe  J  G 

Wagner 

Bernstein 

Eppig 

Mulry 

Sheehan 

Ward 

Blauvelt 

Foley 

Newburger 

Shipman 

Webber  C  A 

Burkan 

Frank 

Nicoll  D 

Slevin 

Weber  R  E 

Byrne 

Haffen 

Potter 

Smith  A  E 

Weed 

Dahm 

Harawitz 

Richards 

Smith  T  F 

White  J  J 

Donnelly- 

THOSE 

WHO   VOTED  IN 

THE    NEGATIVE 

Adams 

Cullinan 

Landreth 

Owen 

Smith  R  B 

Aiken 

Curran 

Latson 

Parker 

Steinbrink 

Allen  F  C 

Dennis 

Law 

Parmenter 

Stimson 

Angell 

Deyo 

Leggett 

Parsons 

Stowell 

Bannister 

Doughty 

Lennox 

Pelletreau 

Tanner 

Barnes 

Dow 

Lincoln 

Phillips  J  S 

Tierney 

Barrett 

Dunlap 

Linde 

Phillips  S  K 

Vanderlyn 

Baumes 

Dunmore 

Low 

Quigg 

Van  Ness 

Bayes 

Eggleston 

McKean 

Reeves 

Waterman 

Beach 

Fancher 

McKinney 

Rhees 

Westwood 

Berri 

Fobes 

McLean 

Rodenbeck 

Wheeler 

Betts 

Franchot 

Marshall 

Rosch 

Whipple 

Bockes 

Gladding 

Martin  L  M 

Ryder 

Wickersham 

Brackett 

Green 

Mathewson 

Sanders 

Wiggins 

Brenner 

Greff 

Mealy 

Sargent 

Williams 

Bunce 

Hale 

Meigs 

Saxe  M 

Winslow 

Buxbaum 

Heaton 

Nicoll  C 

Schoonhut 

Wood 

Clearwater 

Hinman 

Nye 

Sears 

Young  C  H 

Cobb 

Johnson 

O'Brian  J  L 

Sharpe 

Young  F  L 

Coles 

Kirby 

Ostrander 

Smith  E  N 

36 


90 


Mr.  Brackett  moved  that  the  Convention  agree  to  said  adverse 
report. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 


CONSTITUTIONAL  CONVENTION 


269 


THOSE  WHO  VOTED  IN  THE  AFFIRMATIVE 


Adams 

Cullinan 

Latson 

Ostrander 

Sears 

Aiken 

Curran 

Law 

Owen 

Sharpe 

Allen  F  C 

Dennis 

Leggett 

Parker 

Smith  E  N 

Angell 

Deyo 

Lennox 

Parmenter 

Smith  R  B 

Bannister 

Doughty 

Lincoln 

Parsons 

Steinbrink 

Barrett 

Dunmore 

Linde 

Pelletreau 

Tanner 

Baumes 

Eggleston 

Low 

Phillips  J  S 

Tierney 

Bayes 

Endres 

McKean 

Phillips  S  K 

Vanderlyn 

Beach 

Fancher 

McKinney 

Quigg 

Van  Ness 

Berri 

Fobes 

McLean 

Reeves 

Waterman 

Betts 

Franchot 

Marshall 

Rhees 

Westwood 

Bockes 

Gladding 

Martin  L  M 

Rodenbeck 

Wheeler 

Brackett 

Green 

Mathewson 

Rosch 

Whipple 

Bunce 

Greff 

Mealy 

Ryder 

Wickersham 

Buxbaum 

Hale 

Meigs 

Sanders 

Wiggins 

Clearwater 

Heaton 

Nicoll  C 

Sargent 

Winslow 

Clinton 

Hinman 

Nye 

Saxe  M 

Young  C  H 

Cobb 

Johnson 

O'Brian  J  L 

Schoonhut 

Young  F  L 

Coles 

Kirby 

THOSE 

WHO  VOTED  IN 

THE    NEGATIVE 

Ahearn 

Donovan 

Mann 

Saxe  J  G 

Wagner 

Baldwin 

Dooling 

Martin  F 

Sheehan 

Ward 

Blauvelt 

Eppig 

Newburger 

Shipman 

Webber  C  A 

Burkan 

Foley 

Potter 

Slevin 

Weber  R  E 

Byrne 

Frank 

Richards 

Smith  A  E 

Weed 

Dahm 

Haffen 

Ryan 

Unger 

White  J  J 

Donnelly 

Harawitz 

On  moti 

on  of  Mr. 

Wickersham,  the  Convention 

adjourned. 

92 


32 


FRIDAY,  JULY  2,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Eev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Wednesday, 
June  30th,  was  approved. 

Mr.  S.  K.  Phillips,  from  the  Committee  on  Contingent 
Expenses,  to  which  was  referred  the  resolution  relative  to  the 
printing  as  a  public  document  of  the  memorial  of  the  New  York 
State  Federation  of  Labor,  as  requested  by  resolution  introduced 
by  Mr.  Curran,  June  22d,  reported  in  favor  of  the  adoption  of 
the  same  with  the  following  amendment: 

Eesolved,  That  the  memorial  of  the  New  York  State  Federa- 
tion of  Labor,  laid  before  the  Convention  by  the  President  on  the 
15th  day  of  June,  be  printed  as  a  document. 


270  JOURNAL  OF  THE 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  J.  S.  Phillips,  from  the  Committee  on  Library  and  Infor- 
mation, to  which  was  referred  the  resolution  introduced  by  Mr. 
Cullinan,  June  18,  1915,  relative  to  obtaining  certain  informa- 
tion from  the  Superintendent  of  Public  Works,  reported  in  favor 
of  the  adoption  of  the  following  resolution: 

Eesolved,  That  the  Superintendent  of  Public  Works  be  re- 
quested to  furnish  this  Convention  with  a  statement  of  the  users 
of  the  surplus  waters  of  the  canals  or  their  feeders,  for  the 
development  of  water  power  or  otherwise,  and  at  what  places  on 
the  canals  said  surplus  waters  are  taken  or  used  by  said  parties. 

That  the  Superintendent  of  Public  Works  furnish  this  Con- 
vention with  a  statement  showing  what  contracts  or  agreements 
have  been  entered  into  by  and  between  the  Superintendent  of 
Public  Works  and  the  users  of  the  surplus  waters  of  the  canals 
or  their  feeders. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  J.  S.  Phillips,  from  the  Committee  on  Library  and  Infor- 
mation, to  which  was  referred  the  resolution  introduced  by  Mr. 
Wickersham,  June  18,  1915,  relative  to  the  preservation  and 
indexing  for  future  reference  all  the  records  and  data  of  the  Con- 
vention, reported  in  favor  of  the  adoption  of  the  following 
resolution : 

Eesolved,  That  with  a  view  to  the  preservation  for  future  refer- 
ence and  use  of  the  data  upon  which  the  Convention  and  its  com- 
mittees act,  the  clerks  of  all  the  committees  of  the  Convention 
charged  with  any  part  of  the  work  of  revision  or  amendment  be, 
and  they  hereby  are,  directed  to  preserve  all  statements  of  fact, 
answers  to  inquiries,  printed  and  written  arguments,  official  com- 
munications, petitions,  memorials,  and  communications  from  in- 
stitutions, corporations  and  voluntary  associations  coming  to  their 
hands. 

All  of  such  papers  as  are  not  returned  to  the  Secretary  of  the 
Convention  shall,  when  the  respective  committees  have  no  further 
use  therefor,  be  delivered  to  the  clerk  of  the  Committee  on  Library 
and  Information. 

All  of  such  papers  as  shall  be  returned  to  the  Secretary  of  the 
Convention  shall,  when  the  Convention  has  no  further  use  there- 


CONSTITUTIONAL  CONVENTION  271 

for,  be  delivered  by  the  Secretary  to  the  clerk  of  the  Committee 
on  Library  and  Information.  The  Committee  on  Library  and 
Information  is  instructed  to  provide  for  the  permanent  deposit  of 
all  such  papers  in  the  State  Library  or  otherwise  so  that  they 
may  continue  available  for  reference. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  five  hundred  (500)  copies  of  the  report,  to- 
gether with  the  general  summary  statement,  presented  by  the 
Attorney-General,  relating  to  claims  against  the  State,  exclusive 
of  the  tabulated  charts  annexed  thereto,  be  printed  as  a  document. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Parsons,  from  the  Committee  on  Rules,  reported  in  favor 
of  the  passage  of  the  following  resolution: 

Resolved,  That  after  the  seventh  day  of  July,  except  as  specially 
otherwise  ordered,  the  Convention  meet  at  12,  noon,  on  Mondays 
and  at  10  a.  m.  on  each  other  day  except  Sunday. 

On  motion  of  Mr.  Parsons,  consideration  of  said  resolution 
was  set  down  for  Wednesday  next. 

Mr.  President  announced  the  General  Orders,  none  of  which 
were  moved. 

By  unanimous  consent,  and  on  motion  of  Mr.  Parsons,  the 
Committee  on  Rules  was  discharged  from  further  consideration 
of  the  resolution  introduced  by  Mr.  Wood  in  relation  to  excusing 
the  general  stenographers  from  attendance  from  July  3d  to  5th, 
inclusive. 

Said  resolution  having  been  announced,  on  motion  of  Mr.  Berri, 
the  same  was  amended  by  adding  thereto  the  following: 

"And  that  the  officers  of  the  Convention  be  empowered  in  their 
discretion  to  excuse  other  employees  for  the  same  time." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution  as  amended,  and  it  was  determined  in 
the  affirmative. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


272  JOURNAL  OF  THE 


WEDNESDAY,  JULY  7,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  Edwin  Lewis,  Rensselaer. 

On  motion  of  Mr.  Wicker  sham,  the  journal  of  Thursday,  July 
1st,  was  approved. 

The  President  presented  the  communication  of  the  State  Comp- 
troller in  regard  to  legal  expenses  of  State  departments  in  re- 
sponse to  resolution  of  the  Convention,  which  was  referred  to  the 
Committee  on  Library  and  Information. 

By  unanimous  consent,  Mr.  J.  G.  Saxe  introduced  a  proposition 
entitled  "  Proposition  to  amend  Section  one  of  Article  V  of  the 
Constitution,  relating  to  State  officers,  so  as  to  provide  for  the 
classification  and  enumeration  of  the  departments,  and  division 
of  State  government"  (Int.  No.  694),  which  was  read  twice, 
ordered  printed  and  referred  to  the  Committee  on  Governor  and 
Other  State  Officers,  etc. 

Mr.  J.  G.  Saxe  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  Suffrage  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  713,  Int. 
No.  4)  entitled  "  Proposed  constitutional  amendment  to  amend 
Section  four  of  Article  II  of  the  Constitution,  in  respect  to  the 
enactment  of  election  and  registration  laws." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr.  J.* 
G.  Saxe,  the  same  was  amended  as  follows : 

Page  1,  line  7,  strike  out  the  word  "  State  ". 

Line  8,  strike  out  all  of  line  except  the  first  word  "  offices  ". 

(Strike  out  line  9  down  to  and  including  the  word  "  nomina- 
tions "  and  insert  in  italics  "  to  be  filled  by  the  voters  of  the  entire 
State  and  ". 

Page  2,  line  1,  strike  out  the  comma  after  the  word  "  conven- 
tions "  and  insert  a  period.  Make  small  "v"  in  "voters" 'a 
capital  "  V  ". 

Line  6,  strike  out  the  brackets,  the  period  following  the  second 
bracket  and  the  italicized  word  "  Voters .". 

Strike  out  lines  7  and  8  and  the  first  two  words  in  line  9. 

Ordered,  Reprinted  and  recommitted  to  said  committee. 


CONSTITUTIONAL  CONVENTION  273 

Mr.  Barnes  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Legislative  Powers  he  dis- 
charged from  the  further  consideration  of  Proposed  Amendment 
(No.  588,  Int.  No.  573)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Article  III  of  the  Constitution,  in  relation  to  powers 
of  the  Legislature  to  pass  bills,  and  of  State  agencies  and  officials 
to  adopt  regulations." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Barnes,  the  same  was  amended  as  follows : 

Page  1,  line  4,  after  the  word  "  bill "  insert  the  following  new 
matter  "  under  the  police  power  of  the  State,". 

Page  1,  line  4,  strike  out  the  word  "  a  "  before  the  word  "  State  " 
and  insert  the  word  "  any  ". 

Page  1,  line  5,  strike  out  the  word  "  affecting  "  at  end  of  line. 

Page  1,  line  6,  strike  out  the  words  "  manufacturing  industries, 
or  business  "  and  insert  the  word  "  thereunder  ". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.  R.  B.  Smith  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Suffrage  be  discharged  from 
further  consideration  of  Proposed  Amendment  (No.  213,  Int.  No. 
212)  entitled  "  Proposed  constitutional  amendment  to  amend 
Section  five  of  Article  II  of  the  Constitution,  in  relation  to  the 
manner  of  voting." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr.  R. 
B.  Smith,  the  same  was  amended  as  follows : 

Page  1,  line  3,  strike  out  "  manner  of  voting  ". 

Page  1,  line  5,  strike  out  "  paper". 

Page  1,  line  5,  after  "  ballot  "  strike  out  the  parenthesis. 

Page  1,  line  6,  strike  out  the  parenthesis  and  the  balance  of 
the  line. 

Page  1,  line  7,  strike  out  "  form  as  to  permit  and  "  and  insert 
in  italics  in  place  thereof  "  each  ". 

Page  1,  line  7,  after  "  elector  "  insert  in  italics  "  shall  be  per- 
mitted ". 

Page  1,  line  9,  after  "  mark  "  insert  in  italics  "  or  one  mechani- 
cal movement ". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
18 


274  JOURNAL  OF  THE 

Mr.  Barnes,  from  the  Committee  on  Legislative  Powers,  to 
which  was  referred  Proposed  Amendment  introduced  by  Mr.  R. 
B.  Smith  (No.  699,  Int.  No.  290),  entitled  "Proposed  consti- 
tutional amendment  to  amend  Section  ten  of  Article  III  of  the 
Constitution,  in  relation  to  the  powers  of  each  House  of  the 
Legislature,"  reported  in  favor  of  the  passage  of  the  same,  with- 
out amendment,  which  report  was  agreed  to,  and  said  proposition 
referred  to  the  Committee  of  the  Whole. 

Mr.  Parsons,  from  the  Committee  on  Rules,  reported  in  favor 
of  the  passage  of  the  following  resolution : 

Resolved,  That  this  Convention  accept  as  of  July  7,  1915,  the 
resignation  of  E.  H.  Hall,  as  clerk  of  the  Committee  on  Con- 
servation of  Natural  Resources,  which  resignation  is  dated  that 
day,  and  that  F.  F.  Moon  be  employed  by  this  Convention  as 
clerk  to  the  said  Committee  on  Conservation  of  Natural  Resources, 
effective  July  8,  1915,  at  a  compensation  of  ten  dollars  ($10.00) 
per  day. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  J.  S.  Phillips,  from  the  Committee  on  Library  and  In- 
formation, to  which  was  referred  the  resolution  introduced  by 
Mr.  Bayes,  June  24,  1915,  relative  to  obtaining  certain  informa- 
tion from  the  Secretary  of  State,  reports  in  favor  of  the  adoption 
of  the  following  resolution : 

Resolved,  That  the  Secretary  of  State  be  and  he  hereby  is  di- 
rected to  transmit  to  this  Convention,  as  soon  as  may  conveniently 
be  done,  the  number  of  indictments  for  murder  in  the  first  and 
second  degrees  found  by  grand  juries  of  the  various  counties  of 
this  State  for  the  past  five  years,  up  to  January  1,  1915,  and  the 
number  of  convictions  of  each  degree  had  upon  such  indictments, 
including  the  pleas  of  murder  in  the  second  degree. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  J.  S.  Phillips,  from  the  Committee  on  Library  and  In- 
formation, to  which  was  referred  the  resolution  introduced  by 
Mr.  Reeves,  June  23,  1915,  relative  to  obtaining  certain  informa- 
tion from  the  commissioners  of  public  records  in  the  counties  of 


CONSTITUTIONAL  CONVENTION  275 

New  York  and  Kings,  reports  in  favor  of  the  adoption  of  the 
following  resolution: 

Resolved,  That  each  of  the  commissioners  of  public  records  in 
the  counties  of  New  York  and  Kings  be  requested  to  furnish  to 
this  Convention,  with  all  convenient  speed,  the  following  informa- 
tion relative  to  the  organization,  work  and  expense  of  his  office : 

1.  The  number  of  employees  in  his  office. 

2.  The  salary  paid  to  each  of  such  employees,  and  the  total 
amount  of  salaries  paid. 

3.  Tfre  total  expense  of  his  office  per  year. 

4.  The  nature  and  amount  of  the  work  thus  far  done,  and  how 
it  has  progressed  from  year  to  year  during  the  continuance  of  the 
office. 

5.  The  nature  and  amount  of  the  work  yet  to  be  done,  especially 
with  reference  to  the  re-indexing  of  the  records  and  putting  them 
into  permanent  form. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  Parsons  called  up  the  resolution  reported  by  the  Committee 
on  Rules  July  2,  consideration  of  which  was  set  down  for  this 
day. 

Mr.  Wickersham  moved  to  strike  out  "  two  o'clock  p.  m."  and 
insert  "  two-thirty  o'clock  p.  m.",  which  amendment  was  accepted. 

Debate  was  had. 

Mr.  Clinton  moved  to  amend  by  striking  out  "  two-thirty 
o'clock "  and  inserting  eight-thirty  o'clock ",  which  amendment 
was  accepted. 

Mr.  Wiggins  moved  to  amend  by  inserting  the  words  "  Saturday 
and  "  before  the  word  "  Sunday  ". 

Debate  was  continued. 

Mr.  Latson  moved  to  postpone  further  consideration  of  said 
resolution  until  Tuesday  next. 

Debate  was  continued,  when  Mr.  Reeves  moved  the  previous 
question. 

Mr.  President  put  the  question  "  Shall  the  main  question  be 
now  put  ? "  and  it  was  determined  in  the  affirmative. 

Mr.  President  then  put  the  question  whether  the  Convention 
would  agree  to  said  motion  of  Mr.  Latson,  and  it  was  determined 
in  the  negative. 


276  JOURNAL  OF  THE 

Mr.  President  then  put  the  question  whether  the  Convention 
would  agree  to  said  motion  of  Mr.  Wiggins,  and  it  was  determined 
in  the  negative. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  as  amended,  and  it  was  determined  in 
the  affirmative. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following : 

Resolved,  That  when  the  Convention  adjourns  to-day  it>  adjourn 
as  an  expression  of  sympathy  for  Delegate  Dick  of  the  46th  dis- 
trict in  the  death  of  his  wile,  which  took  place  during  the  past 
week. 

which  was  agreed  to  by  a  unanimous  rising  vote. 

The  President  announced  the  General  Orders. 

Mr.  Brackett  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That. the  Committee  of  the  Whole  be  discharged 
from  the  further  consideration  of  Proposed  Amendment  (No.  697, 
Int.  No.  680),  entitled  "  Proposed  constitutional  amendment  to 
amend  Section  four  of  Article  III  of  the  Constitution,  in  relation 
to  apportionment  of  Senators  and  members  of  Assembly/ '  and 
that  the  same  be  recommitted  to  the  Committee  on  The  Legis- 
lature, its  Organization,  etc. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Schurman  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following : 

Resolved,  That  the  Committee  of  the  Whole  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  279, 
Ink  No.  279),  entitled  "Proposed  constitutional  amendment  to 
amend  Article  III  of  the  Constitution,  in  relation  to  the  composi- 
tion of  the  Senate  and  the  terms  of  its  members,  and  Section  one 
of  Article  XIV,  in  relation  to  constitutional  amendments,"  and 
that  the  same  be  recommitted  to  the  Committee  on  The  Legisla- 
ture, its  Organization,  etc. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 
On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION  277 


THURSDAY,  JULY  8,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President  in 
the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Friday,  July  2d, 
was  approved. 

The  President  presented  resolutions  passed  by  the  common  coun- 
cils of  the  cities  of  Middletown,  Tonawanda,  Plattsburgh,  Hud- 
son, Port  Jervis,  Oswego,  Ogdensburg,  Mount  Vernon,  Oneonta 
and  Cortland,  which  were  referred  to  the  Committee  on  Cities. 

Also,  the  communication  of  M.  H.  Wilcoxon,  which  was  re- 
ferred to  the  Committee  on  Judiciary. 

Also,  the  communication  of  the  Baptist  Ministers  Conference, 
which  was  referred  to  the  Committee  on  Education. 

Mr.  Unger  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Civil  Service  be  discharged 
from  the  further  consideration  of  Proposed  Amendment  (No.  136, 
Int.  No.  136)  entitled  "  Proposed  constitutional  amendment  to 
amend  iSection  nine  of  Article  V  of  the  Constitution,  in  relation  to 
civil  service  appointments  and  promotions." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Unger,  the  same  was  amended  as  follows : 

Page  1,  line  4,  after  "  made  "  insert  in  italics  "  from  amongst 
residents  of  this  State  ". 

Strike  out  all  italicised  matter  beginning  on  line  6  down  to 
and  including  line  20  of  page  2  and  insert  in  italics :  "  When  com- 
petitive examinations  are  deemed  practicable,  the  appointing 
power  shall  select  as  his  appointee,  or  the  promoting  power  shall 
promote  the  candidate  obtaining  the  highest  standing  in  such 
examinations;  unless  such  appointing  or  promoting  power  shall 
report  in  writing  to  such  body  as  the  Legislature  may  direct 
reasons  for  rejecting  the  highest  standing  candidate.  Whereupon 
the  appointing  or  promoting  power  shall  appoint  or  promote  the 
next  highest  standing  candidate.  No  persons  so  appointed  shall 
be  removed  or  degraded  unless  the  removing  power  or  the  power 
degrading  him  report  in  writing  to  such  body  as  the  Legislature 
may  direct  the  reason  for  such  removal  or  degrading.     Reports 


278  JOURNAL  OF  THE 

so  furnished  conformably  to  this  article  shall  not  be  privileged 
communications. " 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.  Barnes  offered  for  the  consideration  of  the  (Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  Legislative  Powers  be  dis- 
charged from  the  further  consideration  of  Proposed  Amendment 
(No.  377,  Int.  No.  315)  entitled  (t  Proposed  constitutional  amend- 
ment to  amend  Article  III  of  the  Constitution,  relating  to  the 
powers  of  the  Legislature." 

which  was  agreed  to. 

iSaid  proposition  having  been  announced,  on  motion  of  Mr. 
Barnes,  the  same  was  amended  as  follows : 

Page  1,  strike  out  all  of  lines  5  and  6  and  insert  in  place  thereof 
the  following :  "  Granting  hereafter  to  any  class  of  individuals 
any  privilege  or  immunity." 

Page  1,  line  9,  insert  a  new  sentence,  to  read  as  follows :  u  The 
term  '  public  service '  shall  not  be  construed  to  include  relief 
afforded  to  dependents  directly  or  in  behalf  of  others." 

Page  2,  line  18,  after  the  word  "  for  "  at  end  of  line  insert  "  a 
method  for  placing  such  nominations  on  the  official  ballot." 

Page  2,  line  19,  strike  out  the  word  "  for  ". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

Mr.  S.  K.  Phillips,  from  the  Committee  on  Contingent  Ex- 
penses, reported  in  favor  of  the  passage  of  the  following  resolu- 
tion : 

Resolved,  That  Mary  E.  Cumming,  stenographer  to  the  Com- 
mittee on  Contingent  Expenses,  be  given  a  leave  of  absence,  with- 
out pay,  for  three  weeks  from  July  12,  1915,  and  Emma  R,  LTdell 
be  substituted  in  her  place  for  said  period  at  the  same  compen- 
sation. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  Barnes,  from  the  'Committee  on  Legislative  Powers,  to 
which  was  referred  Proposed  Amendment  introduced  by  Mr.  R.  B. 
Smith  (No.  700,  Int.  No.  275),  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  seventeen  of  Article  III  of  the  Con- 


CONSTITUTIONAL  CONVENTION  279 

stitution,  in  relation  to  references  in  a  bill  to  existing  law,"  re- 
ported in  favor  of  the  passage  of  the  same,  without  amend- 
ment, which  report  was  agreed  to  and  said  proposition  referred 
to  the  Committee  of  the  Whole. 

Mr.  Barnes,  from  the  Committee  on  Legislative  Powers,  to 
which  was  referred  Proposed  Amendment  introduced  by  Mr. 
Tanner  (No.  565,  Int.  No.  550),  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  nineteen  of  Article  III  of  the  Con- 
stitution, in  relation  to  the  passage  of  private  claim  bills,"  re- 
ported in  favor  of  the  passage  of  the  same,  with  the  following 
amendment : 

Page  1,  line  5,  after  the  word  "  thereof  "  strike  out  balance  of 
line  and  also  strike  out  all  of  lines  6  to  10  down  to  and  including 
the  bracket  before  the  word  "  but ",  also  strike  out  bracket  after 
the  word  "but "  in  line  10. 

which  report  was  agreed  to,  and  said  proposition  ordered  re- 
printed as  amended,  and  referred  to  the  Committee  of  the  Whole. 
Mr.  Barnes,  from  the  Committee  on  Legislative  Powers,  to 
which  was  referred  Proposed  Amendment  introduced  by  Mr.  A.  E. 
Smith  (No.  505,  Int.  No.  493),  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  III  of  the  Constitution,  in  relation 
to  the  power  of  the  Legislature  to  provide  for  the  assessment  of 
property  of  a  municipal  corporation  situated  outside  of  the  bound- 
aries of  the  corporation,"  reported  in  favor  of  the  passage  of  the 
same,  with  the  following  amendment : 

Page  1,  line  5,  after  the  words  "  property  of "  strike  out  the 
word  "  a  "  and  insert  the  word  "  any  ". 

Page  1,  strike  out  all  of  lines  6  and  7  and  insert  the  following: 
"  within  the  boundaries  of  another  municipal  corporation  may  be 
reviewed  and  fixed  by  designated  state  authorities." 

which  report  was  agreed  to,  and  said  proposition  ordered  reprinted 
as  amended,  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Barnes,  from  the  Committee  on  Legislative  Powers,  to 
which  was  referred  Proposed  Amendment  introduced  by  Mr.  R. 
B.  Smith  (No.  294,  Int.  No.  291),  entitled  "Proposed  Constitu- 
tional Amendment  to  amend  Article  III  and  Section  four  of  Arti- 
cle IV  of  the  Constitution,  in  relation  to  extraordinary  sessions 


280  JOURNAL  OF  THE 

of  the  Legislature  and  the  Assembly,"  reported  in  favor  of  the 
passage  of  the  same,  with  the  following  amendment: 

By  striking  out  all  after  the  enacting  clause  and  substituting 
therefor  the  following: 

Article  III  of  the  Constitution  is  hereby  amended  by  inserting 
therein  a  new  section,  to  be  appropriately  numbered,  to  read  as 
follows : 

§  — .  The  Legislature  may,  of  its  own  motion,  convene  to  take 
action  in  the  matter  of  removal  of  a  judge  of  the  Court  of  Appeals 
or  justice  of  the  Supreme  Court.  The  Assembly  may,  of  its  own 
motion,  convene  for  the  purposes  of  impeachment.  At  a  meeting 
under  this  section,  no  subject  shall  be  acted  upon  except  that  for 
which  the  meeting  is  herein  authorized  to  be  held. 

Section  four  of  Article  IV  of  the  Constitution  is  hereby 
amended  to  read  as  follows: 

§  4.  The  Governor  shall  be  commander-in-chief  of  the  military 
and  naval  forces  of  the  State.  He  shall  have  power  to  convene 
the  Legislature,  or  the  Senate,  or  Assembly  only,  on  extraordinary 
occasions.  At  an  extraordinary  session  [s]  so  convened  no  subject 
shall  be  acted  upon,  except  such  as  the  Governor  recommend  for 
consideration.  He  shall  communicate  by  message  to  the  Legis- 
lature at  every  session  the  condition  of  the  State,  and  recommend 
such  matters  to  it  as  he  shall  judge  expedient.  He  shall  transact 
all  necessary  business  with  the  officers  of  government,  civil  and 
military.  He  shall  expedite  all  such  measures  as  may  be  resolved 
upon  by  the  Legislature,  and  shall  take  care  that  the  laws  are 
faithfully  executed.  He  shall  receive  for  his  services  an  annual 
salary  of  ten  thousand  dollars,  and  there  shall  be  provided  for 
his  use  a  suitable  and  furnished  executive  residence. 

which  report  was  agreed  to,  and  said  proposition  ordered  reprinted 
as  amended,  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Barnes,  from  the  Committee  on  Legislative  Powers,  re- 
ported by  Proposed  Constitutional  Amendment  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Article  VI,  Section 
thirteen,  in  relation  to  trial  of  impeachment "  (Int.  No.  695), 
which  was  read  twice,  and  said  committee  requests  that  said  Pro- 
posed Amendment  when  printed  be  referred  to  the  Committee  on 
Judiciary,  which  report  was  agreed  to  and  said  Proposed  Amend- 
ment ordered  printed  and  referred  to  the  Committee  on  Judiciary. 


CONSTITUTIONAL  CONVENTION  281 

On  motion  of  Mr.  J.  L.  O'Brian,  the  report  of  the  Committee 
on  Kules  submitted  June  23d  in  favor  of  the  adoption  of  the  fol- 
lowing resolution: 

In  Kule  32  strike  out  the  words  "  all  proposed  constitutional 
amendments  reported  shall,  if  the  report  be  agreed  to,  be  com- 
mitted to  the  Committee  of  the  Whole  and  immediately  printed," 
and  insert  in  lieu  thereof  the  words  "  all  proposed  constitutional 
amendments  reported  favorably  shall  be  committed  to  the  Com- 
mittee of  the  Whole  and  immediately  printed  unless  a  different 
order  be  made  not  inconsistent  with  Kule  34. 

was  taken  from  the  table. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

The  President  announced  the  general  orders. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  general  orders,  being  the 
Proposed  Amendment  entitled  as  follows : 

"  Proposed  Constitutional  Amendment  to  amend  Article  I  of 
the  Constitution  by  striking  therefrom  the  provisions  of  Section 
thirteen  of  said  article,  relating  to  leases  and  grants  of  agricultural 
land."     (No.  34,  Int.  No.  34.) 

After  some  time  spent  therein,  the  President  resumed  the  chair, 
and  Mr.  Brackett,  from  said  committee,  reported  in  favor  of  strik- 
ing out  the  enacting  clause  of  said  Proposed  Amendment,  which 
report  was  agreed  to. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  general  orders,  being  the 
Proposed  Amendment  entitled  as  follows: 

"  Proposed  Constitutional  Amendment  to  amend  Section  twenty- 
eight  of  Article  III  of  the  Constitution,  in  relation  to  the  granting 
or  allowing  of  extra  compensation  by  legislative  bodies  or  audit- 
ing boards,  bodies  or  officers."     (No.  410,  Int.  No.  289.) 

After  some  time  spent  therein,  the  President  resumed  the  chair, 
and  Mr.  Brackett,  from  said  committee,  reported  progress  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 


282  JOURNAL  OF  THE 

On  motion  of  Mr.  Wickersham,  the  amendments  offered  in  the 
Committee  of  the  Whole  to  Proposed  Constitutional  Amendment 
No.  410,  Int.  No.  289,  and  pending  at  the  time  the  committee 
rose,  were  ordered  printed  upon  the  Calendar. 

Mr.  Cullinan  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  •Committee  on  Suffrage  be  discharged  from 
the  further  consideration  of  the  last  section  of  Proposed  Amend- 
ment (No.  695,  Int.  No.  678)  entitled  "  Proposed  constitutional 
amendment  to  amend  Sections  one,  four  and  six  of  Article  II, 
and  Section  one' of  Article  XII  of  the  Constitution,  in  relation 
to  the  organization  of  summer  resorts  and  qualifications  of  voters 
at  their  elections, "  and  that  the  same  be  referred  to  the  Commit- 
tee on  Counties,  Towns  and  Villages,  their  Organization,  Govern- 
ment, etc. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  R.  B.  Smith  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following : 

Resolved,  That  Minnie  C.  Hullar,  telephone  operator,  be 
granted  leave  of  absence  with  pay  on  account  of  illness  contracted 
in  the  service  of  the  State. 

which  was  referred  to  the* Committee  on  Contingent  Expenses. 

Mr.  Wiggins  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following : 

Resolved,  That  all  committees  to  which  a  copy  of  any  proposed 
amendment  has  been  referred  for  its  opinion  be  requested  so  soon 
as  practicable  to  transmit  its  opinion  to  the  committee  having 
original  jurisdiction  of  the  amendment,  to  the  end  that  such 
opinion  shall  accompany  any  report  to  the  convention  on  such 
amendment  by  the  committee  having  original  jurisdiction. 

which  was  referred  to  the  Committee  on  Rule3. 


CONSTITUTIONAL  CONVENTION  283 


FRIDAY,  JULY  9,  1915 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  Dr.  Kearton. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Wednesday,  July 
7th,  was  approved. 

The  President  presented  resolutions  passed  by  the  common 
councils  of  the  cities  of  North  Tonawanda  and  Fulton,  which  were 
referred  to  the  Committee  on  Cities. 

Mr.  S.  K.  Phillips,  from  the  Committee  on  Contingent  Ex- 
penses, reported  in  favor  of  the  passage  of  the  following  resolu- 
tion: 

Resolved,  That  the  compensation  of  Miss  Helen  F.  Dittrich, 
transferred  June  24th  from  the  list  of  general  stenographers  to 
be  stenographer  to  Vice-President  O'Brien,  be  five  dollars  per 
day,  dating  from  July  first;  and, 

Resolved,  That  Mrs.  Edna  Gould  be  transferred  from  the  list 
of  general  stenographers  to  be  stenographer  to  Vice-President 
Schurman  at  a  compensation  of  five  dollars  per  day  from  July 
first. 

Approved. 

John  K.  Marshall, 

Official  Stenographer. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  S.  K.  Phillips,  from  the  Committee  on  Contingent  Ex- 
penses, to  which  was  referred  the  resolution  relative  to  the  trans- 
fer of  Lee  V.  Gardner,  now  employed  as  messenger,  to  the  position 
of  assistant  mailing  clerk,  reported  in  favor  of  the  adoption  of 
the  same,  with  the  following  amendment: 

Resolved,  That  Lee  V.  Gardner,  now  employed  as  messenger, 
be  transferred  to  the  position  of  general  clerk,  at  a  salary  of  $5.00 
per  day,  in  place  of  Truman  C.  Bossard,  general  clerk,  resigned, 
and  that  he  be  assigned  to  duty  in  the  mailing  department,  from 
July  first. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 


284  JOURNAL  OF  THE 

Mr.  Brackett,  from  the  Committee  on  The  Legislature,  its  Or- 
ganization, etc.,  to  which  was  referred  Proposed  Amendment  in- 
troduced by  Mr.  Leggett  (No.  88,  Int.  No.  88),  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Section  one  of  Article 
XIII  of  the  Constitution,  relating  to  the  official  oath,"  reported 
in  favor  of  the  passage  of  the  same,  without  amendment,  which 
report  was  agreed  to,  and  said  proposition  referred  to  the  Commit- 
tee of  the  Whole. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  reported  in 
favor  of  the  passage  of  the  following  resolution : 

Resolved,  That  Rule  50,  paragraph  1,  be  amended  by  insert- 
ing at  the  beginning  of  said  paragraph  the  words  "  except  as  pro- 
vided in  Rule  56,"  and  by  inserting  after  the  word  "  debate " 
the  following  language :  "  whether  reported  by  a  committee,  or 
otherwise  introduced ;  "  so  that  paragraph  1  of  said  rule  as  so 
amended  will  read  as  follows: 

"  Except  as  provided  in  Rule  56,  all  resolutions  giving  rise 
to  debate,  whether  reported  by  a  committee,  or  otherwise  intro- 
duced, unless  they  relate  to  the  disposition  of  business  immedi- 
ately before  the  Convention,  to  the  business  of  the  day  on  which 
they  may  be  offered,  or  to  adjournments  or  recesses,  shall  lie  over 
one  day  for  consideration,  after  which  they  may  be  called  up,  as 
of  course,  under  their  appropriate  order  of  business." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  Barnes,  from  the  Committee  on  Legislative  Powers,  to 
which  was  referred  Proposed  Amendment  introduced  by  Mr.  Dun- 
more  (No.  728,  Int.  No.  573),  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  III  of  the  Constitution,  in  relation 
to  powers  of  the  Legislature  to  pass  bills  and  of  State  agencies  and 
officials  to  adopt  regulations,"  reported  in  favor  of  the  passage  of 
the  same,  without  amendment,  which  report  was  agreed  to,  and 
said  proposition  referred  to  the  Committee  of  the  Whole. 

Mr.  Barnes,  from  the  Committee  on  Legislative  Powers,  to 
which  was  referred  Proposed  Amendment  introduced  by  Mr. 
Wickersham  (No.  640,  Int.  No.  624),  entitled  "  Proposed  consti- 
tutional amendment  to  amend  Section  eighteen  of  Article  III  of 
the  Constitution,"  reported  the  same  for  the  consideration  of  the 
Convention. 


CONSTITUTIONAL  CONVENTION  285 

On  motion  of  Mr.  Hinman,  consideration  of  said  report  was 
postponed  until  Monday  next. 

Mr.  Hinman,  from  the  Committee  on  Legislative  Powers,  re- 
ported by  Proposed  Constitutional  Amendment  entitled  "  Pro- 
posed constitutional  amendment  to  amend  generally  Article  III 
of  the  Constitution  following  Section  nine  of  such  article"  (Int. 
No.  696),  which  was  read  twice,  ordered  printed  and  referred  to 
the  Committee  on  Legislative  Powers. 

Mr.  Stimson  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  answer  of  the  State  Comptroller  to  a  reso- 
lution of  the  Convention,  relative  to  the  sinking  funds  of  the 
State,  be  printed  as  a  document. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

The  President  announced  the  General  Orders,  none  of  which 
were  moved. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


SATURDAY,  JULY  10,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Thursday,  July 
8th,  was  approved. 

The  President  presented  the  resolutions  of  the  common  council 
of  the  city  of  Beacon,  which  were  referred  to  the  Committee  on 
Cities. 

Mr.  Bunce  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  Denton  G.  Lake  be  employed  as  tally  clerk  of 
this  Convention  at  a  compensation  of  eight  dollars  per  day. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  Wiggins  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  Henry  E.  Kenny  be  appointed  a  messenger  at 


286  JOURNAL  OF  THE 

a  salary  of  $3  per  day  from  July  first,  in  place  of  Lee  V.  Gardner 
transferred. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

The  President  announced  the  General  Orders,  none  of  which 
were  moved. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


MONDAY,  JULY  12,  1915 

The  Convention  met  pursuant  to  adjournment.  The  President 
in  the  chair. 

Prayer  by  Rev.  F.  G.  Coffin,  D.  D. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Friday,  July 
9th,  was  approved. 

The  President  presented  the  resolutions  of  the  common  councils 
of  the  cities  of  New  Rochelle  and  Newburgh,  which  were  referred 
to  the  Committee  on  Cities. 

The  President  presented  the  communication  of  the  clerk  of  the 
Court  of  Claims  in  response  to  a  resolution  of  the  Convention, 
passed  May  21st,  which  was  referred  to  the  Committee  on 
Judiciary. 

Mr.  J.  G.  Saxe  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following : 

Resolved,  That  the  Committee  of  the  Whole  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  215,  Int. 
No.  214)  entitled  "  Proposed  constitutional  amendment  to  amend 
Section  eighteen,  Article  III  of  the  Constitution,  in  relation  to 
limitations  of  the  power  of  the  Legislature  to  pass  private  or 
local  bills,  by  prohibiting  private  claim  bills." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr.  J.  G. 
Saxe,  the  same  was  amended  as  follows : 

Page  2,  at  end  of  line  11  and  before  the  period,  insert  in  italics 
",  or  against  any  political  subdivision  thereof  ". 

Between  lines  11  and  12  insert  in  italics  the  following  para- 
graph, "Authorizing  any  political  subdivision  of  the  State  to  allow 
or  pay  any  claim  or  account." 


CONSTITUTIONAL  CONVENTION  -287 

Ordered,  Reprinted  and  recommitted  to  the  Committee  of  the 
Whole. 

Mr.  Stimson  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  State  Finances,  Revenues  and 
Expenditures  be  discharged  from  the  further  consideration  of 
Proposed  Amendment  (No.  716,  Int.  No.  692),  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Sections  two,  four  and 
five  of  Article  VII  of  the  Constitution,  in  relation  to  debts  con- 
tracted by  the  State." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Stimson,  the  same  was  amended  as  follows : 

Strike  out  all  after  the  enacting  clause  and  insert  Print  No.  739. 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.  Clinton  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  Mrs.  Frances  Dulin,  stenographer,  be  excused 
for  failure  to  attend  on  Thursday,  Friday  and  Saturday  of  the 
past  week  because  of  a  death  in  her  family. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Wickersham  called  up  the  report  from  the  'Committee  on 
Legislative  Powers  on  Proposed  Constitutional  Amendment  (No. 
640,  Int.  No.  624),  entitled  "  Proposed  Constitutional  Amend- 
ment to  amend  Section  eighteen  of  Article  III  of  the  Constitu- 
tion," consideration  of  which  was  set  down  for  this  day. 

Said  report  having  been  announced,  on  motion  of  Mr.  Wicker- 
sham, consideration  of  the  same  was  postponed  until  Wednesday 
next. 

The  President  announced  the  General  Orders. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  General  Orders,  being  the 
Proposed  Amendment  (No.  410,  Int.  No.  289),  introduced  by  Mr. 
R.   B.    Smith,   entitled   as  follows :      "  Proposed   Constitutional 


288  JOURNAL  OF  THE 

Amendment  to  amend  Section  28  of  Article  III  of  the  Constitu- 
tion, in  relation  to  the  granting  or  allowing  of  extra  compensation 
by  legislative  bodies  or  auditing  boards,  bodies  or  officers,"  with 
pending  amendments. 

After  some  time  spent  therein,  the  President  resumed  the  chair, 
and  Mr.  Whipple,  from  said  Committee,  reported  progress  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  General  Orders,  being  the 
Proposed  Amendment  (No.  376,  Int.  No.  78),  introduced  by  Mr. 
Austin,  entitled  as  follows:  "  Proposed  Constitutional  Amend- 
ment to  amend  iSection  15  of  Article  III  of  the  Constitution  rela- 
tive to  the  passage  of  bills  by  the  Legislature,  by  striking  out  the 
authorization  for  the  passage  of  bills  under  emergency  messages 
from  the  Governor." 

After  some  time  spent  therein,  the  President  resumed  the  chair, 
and  Mr.  Whipple,  from  said  committee,  reported  progress  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  General  Orders,  being  the 
Proposed  Amendment  (No.  699,  Int.  No.  290),  introduced  by  Mr. 
R.  B.  Smith,  entitled  as  follows :  "  Proposed  Constitutional 
Amendment  to  amend  Section  10  of  Article  III  of  the  Constitu- 
tion, in  relation  to  the  powers  of  each  house  of  the  Legislature." 

After  some  time  spent  therein,  the  President  resumed  the  chair, 
and  Mr.  Whipple,  from  said  committee,  reported  in  favor  of  the 
passage  of  the  above  Proposed  Amendment,  which  report  was 
agreed  to  and  said  proposition  ordered  to  a  third  reading. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION  289 


TUESDAY,  JULY  13,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President  in 
the  chair. 

Prayer  by  Rev.  H.  Dykheizen. 

On  motion  of  Mr.  Wickersham  the  Journal  of  Friday,  July 
10th,  was  approved. 

The  President  presented  the  resolutions  of  the  common  council 
of  the  city  of  Albany  which  were  referred  to  the  Committee  on 
Cities. 

Mr.  Tanner  offered  for  the  consideration  of  the  Convention  a 
resolution  in  the  words  following : 

Resolved,  That  when  the  Convention  adjourns  to-day,  it  ad- 
journ as  an  expression  of  sympathy  for  Delegate  Rush  Rhees  of 
the  45th  District,  on  the  death  of  his  mother  which  took  place 
during  the  past  week.     And  it  is  further 

Resolved,  That  the  adoption  of  this  resolution  be  signified  by 
a  rising  vote. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution  and  it  was  determined  in  the  affirmative. 

The  President  announced  the  General  Orders. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  General  Orders,  being  the 
Proposed  Amendment  entitled :  Proposed  Constitutional  Amend- 
ment, to  amend  Section  18,  Article  III,  of  the  Constitution,  in  rela- 
tion to  limitations  of  the  power  of  the  legislature  to  pass  private 
or  local  bills  by  prohibiting  private  claim  bills  (No.  738,  Int.  No. 
214). 

After  some  time  spent  therein  the  President  resumed  the  chair 
and  Mr.  Clinton,  from  said  committee,  reported  progress  and  asked 
leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again  and 
it  was  determined  in  the  affirmative. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Convention 
a  resolution  in  the  words  following : 

Resolved,  That  Delancey  Nicoll,  Jr.,  be  appointed  assistant  clerk 
to  the  Committee  on  the  Judiciary  without  compensation. 
19 


290  JOURNAL  OF  THE 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution  and  it  was  determined  in  the  affirmative. 

Mr.  Cullinan  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  Dr.  Mary  Walker  be  granted  the  privilege  of 
addressing  the  Convention  at  some  future  day, 

which  was  referred  to  the  Committee  on  Rules. 

On  motion  of  Mr.  Wickersham  the  Convention  adjourned. 


WEDNESDAY,  JULY  14,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President  in 
the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham  the  journal  of  Monday,  July 
12th,  was  approved. 

Mr.  Coles  presented  a  memorial  from  the  Genesee  Yearly  Meet- 
ing of  Friends,  which  was  referred  to  the  Committee  on  Military 
Affairs. 

Mr.  Quigg  moved  that  when  the  Convention  adjourns  on  Friday, 
July  16th,  it  shall  be  to  meet  on  Monday,  July  19th,  at  8 :30 
o'clock  P.  M. 

Debate  being  had  thereon,  the  said  motion  was  laid  over  under 
the  rule. 

Mr.  Quigg  gave  notice  that  he  would  call  up  the  said  motion  for 
consideration  prior  to  adjournment  on  Friday  next. 

Mr.  Barnes  called  up  the  report  from  the  Committee  on  Legis- 
lative Powers,  on  Proposed  Constitutional  Amendment  (No.  640, 
Int.  No.  624),  entitled  Proposed  Constitutional  Amendment,  to 
amend  Section  18,  Article  III  of  the  Constitution,  consideration 
of  which  was  set  down  for  this  day. 

Said  proposition  having  been  announced,  Mr.  Barnes  moved 
that  said  Proposed  Constitutional  Amendment  be  referred  to  the 
Committee  of  the  Whole. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Mr.  Westwood  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 


CONSTITUTIONAL  CONVENTION  291 

Resolved,  That  the  Committee  on  Legislative  Powers  be  dis- 
charged from  the  further  consideration  of  Proposed  Amendment 
(Xo.  683,  Int.  No.  667),  entitled  Proposed  Constitutional  Amend- 
ment, to  amend  Section  13,  Article  III  of  the  Constitution,  by 
limiting  the  number  of  bills  which  may  be  passed  weekly  by  the 
houses  of  the  legislature,  and  that  the  same  be  referred  to  the 
Committee  on  Legislative  Organization.  . 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr*  Tanner,  from  the  Committee  on  Governor  and  Other  State 
Officers,  to  which  was  referred  Proposed  Amendment  introduced 
by  Mr.  Tanner  (No.  365,  Int.  ISTo.  360),  entitled  Proposed  Consti- 
tutional Amendment,  to  amend  Section  9,  Article  IV  of  the  Con- 
stitution, by  extending  the  time  in  which  the  Governor  may  ap- 
prove bills  after  adjournment,  reported  in  favor  of  the  passage  of 
the  same  with  the  following  amendment : 

Page  2,  line  14,  strike  out  "  sixty  "  and  insert  "  forty-five " 

which  report  was  agreed  to  and  said  proposition  ordered  reprinted 
as  amended,  and  referred  to  the  Committee  of  the  Whole. 

Mr.  S.  K.  Phillips,  from  the  Committee  on  Contingent  Ex- 
penses, to  which  was  referred  the  resolution  relative  to  granting 
leave  of  absence  to  Minnie  C.  Hullar,  telephone  operator,  on  ac- 
count of  illness,  reported  in  favor  of  the  adoption  of  the  following 
resolution : 

Resolved,  That  Minnie  C.  Hullar,  telephone  operator,  be 
granted  leave  of  absence  with  pay  on  account  of  illness  contracted 
in  the  service  of  the  state. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  S.  K.  Phillips,  from  the  Committee  on  'Contingent  Ex- 
penses, to  which  was  referred  the  resolution  relative  to  appoint- 
ment of  Henry  F.  Kenney  as  messenger  in  place  of  Lee  V.  Gard- 
ner, transferred,  reported  in  favor  of  the  adoption  of  the  following 
resolution : 

Resolved,  That  Henry  F.  Kenney  be  appointed  at  a  salary  of 
$3  per  day  from  July  first,  in  place  of  Lee  V.  Gardner,  trans- 
ferred. 


292  JOURNAL  OF  THE 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  offered  for 
the  consideration  of  the  Convention  a  resolution  in  the  words  fol- 
lowing : 

Resolved,  That  the  secretary  forthwith  cause  to  be  printed  as 
a  document  the  rules  of  this  Convention  as  amended  to  this  date, 
and  that  he  cause  to  be  printed  in  convenient  size  500  copies  of 
said  rules,  bound  in  flexible  covers,  for  the  use  of  this  Convention. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative, 
a  majority  of  all  the  delegates  elected  to  the  Convention  voting 
in  favor  thereof. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  offered  for 
the  consideration  of  the  Convention  a  resolution  in  the  words  fol- 
lowing : 

Resolved,  That  the  resignation  of  Thomas  C.  Eipper  as  Clerk 
to  the  Committee  on  Cities  be  accepted  to  take  effect  this  day,  and 
that  Frederick  W.  Myers  be  appointed  as  Clerk  in  his  stead  at  the 
compensation  of  $10  per  day. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative, 
a  majority  of  all  the  delegates  elected  to  the  Convention  voting 
in  favor  thereof. 

On  motion  of  Mr.  Wickersham  the  Convention  was  adjourned. 


THURSDAY,  JULY  15,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  James  J.  Halliday,  Binghamton. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Tuesday,  July 
13th,  was  approved. 

Mr.  President  presented  the  communication  of  A.  S.  Wardle, 
President  of  the  New  York  State  Pharmaceutical  Association, 
which  was  referred  to  the  Committee  on  Legislative  Powers. 


CONSTITUTIONAL  CONVENTION  293 

Also,  the  communication  of  Frank  W.  Grinnell,  which  was  re- 
ferred to  the  Committee  on  Legislative  Powers. 

Also,  the  resolutions  of  the  common  councils  of  the  cities  of 
Mechanicville,  Schenectady  and  Auburn,  which  were  referred  to 
the  Committee  on  Cities. 

Also,  the  communication  of  the  Secretary  of  State,  in  relation 
to  proposed  amendments,  which  was  referred  to  the  Committee  on 
Future  Amendments  and  Revisions  of  the  Constitution. 

The  President  presented  the  communication  of  the  Secretary 
of  State,  in  response  to  the  resolution  of  the  Convention,  which 
was  referred  to  the  Committee  on  Judiciary. 

Also,  the  communication  of  the  commissioner  of  records  of  the 
county  of  New  York,  in  response  to  resolution  of  the  Convention, 
which  was  referred  to  the  Committee  on  Judiciary. 

Mr.  Parsons  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  opinion  of  the  Court  of  Appeals,  rendered 
July  13,  1915,  in  the  Matter  of  the  Claim  of  Marie  Jensen  for 
compensation  under  the  Workmen's  Compensation  Law  against 
the  Southern  Pacific  Company,  Employer  and  Self -insurer,  be 
printed  as  a  document. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Quigg  called  up  his  motion  of  July  14th  in  relation  to 
the  adjournment  of  the  Convention  from  Friday,  July  16th,  to 
Monday,  July  19th. 

Debate  was  had. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

Mr.  Betts  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  500  copies  of  the  hearings  on  capital  punishment 
before  the  Bill  of  Rights  Committee  be  printed  as  a  document  for 
the  use  of  the  members  of  this  Convention. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  Cullinan,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  following  Proposed  Amendments: 

Mr.  Steinbrink  (No.  42,  Int.  No.  42),  entitled  "  Proposed  con- 


294  JOURNAL  OF  THE 

stitutional  amendment  to  amend  Section  4  of  Article  II  of  the  Con- 
stitution of  the  State  of  New  York,  so  as  to  provide  for  absentee 
voting;" 

Mr.  Nixon  (No.  91,  Int.  No.  91),  entitled  "  Proposed  consti- 
tutional amendment  to  amend  Section  1  of  Article  II,  providing 
privilege  of  suifrage  for  absent  voters ;  " 

Mr.  Wiggins  (No.  127,  Int.  No.  127),  entitled  "  Proposed  con- 
stitutional amendment  to  amend  Section  4  of  Article  II  of  the 
Constitution  of  the  State  of  New  York ;  " 

Mr.  A.  E.  Smith  (No.  250,  Int  No.  247),  entitled  "  Proposed" 
constitutional  amendment  to  amend  Section  1  of  Article  II  of 
the  Constitution,  relative  to  permitting  certain  railroad  employees 
absent  from  their  places  of  residence  to  vote  at  general  elections ;  " 

Mr.  Mann  (No.  288,  Int.  No.  285),  entitled  "  Proposed  con- 
stitutional amendment  to  amend  Section  1  of  Article  II  of  the 
Constitution,  relative  to  absent  electors." 

reported  in  favor  of  the  passage  of  the  following  substitute : 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To  Amend  Article  Two  of  the  Constitution,  by  Adding 
Thereto  a  New  Section  in  Relation  to  Absentee  Regis- 
tration by  Federal  Employees,  Commercial  Travelers  or 
Those  Regularly  Employed  on  Railroad  Trains. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in  Con- 
vention assembled,  do  propose  as  follows: 

Article  II  of  the  constitution  is  hereby  amended  by  adding  a 
new  section  to  read  as  follows : 

§  — .  The  Legislature  shall  provide  for  the  registration  with- 
out personal  appearance  of  citizens  entitled  to  vote,  who  are  federal 
employees  or  commercial  travelers,  or  are  regularly  employed  on 
railroad  trains,  and  who  shall  have  been  absent  from  the  county 
in  which  they  reside  on  the  day  or  days  designated  far  registration. 

which  report  was  agreed  to,  and  said  proposition  ordered  reprinted, 
as  amended,  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Cullinan,  from  the  Committee  on  Suffrage,  to  which  was 
referred  Proposed  Amendment  introduced  by  Mr.  J.  G.  Saxe  (No. 
729,  Int.  No.  4),  entitled  "Proposed  constitutional  amendment 


CONSTITUTIONAL  CONVENTION  295 

to  amend  Section  4  of  Article  II  of  the  Constitution,  in  respect 
to  the  enactment  of  election  and  registration  laws,"  reported  in 
favor  of  the  passage  of  the  same,  without  amendment,  which  re- 
report  was  agreed  to  and  said  proposition  referred  to  the  Com- 
mittee of  the  Whole. 

Mr.  Cullman,  from  the  Committee  on  Suffrage,  to  which  was 
referred  Proposed  Amendment  introduced  by  Mr.  Tierney  (No. 
105,  Int.  No.  105 ),  entitled  "  Proposed  constitutional  amendment 
to  amend  Section  4  of  Article  II  of  the  Constitution,  in  relation 
to  the  enactment  of  election  and  registration  laws,"  reported  in 
favor  of  the  passage  of  the  same,  with  the  following  amendments : 

On  page  1,  line  4,  after  the  word  "  made  "  italicize  the  words 
"  regulating  nominations  and  general  and  special  elections." 

On  line  7  strike  out  the  words  "  state  offices  ". 

Strike  out  all  of  lines  8,  9,  10  and  11,  on  page  1,  and  the  new 
matter  on  page  2,  line  1. 

Insert  on  page  1,  line  7,  after  the  words  "nominations  for  ",  the 
following  new  matter,  in  italics :  "  elective  offices  to  be  filled  by 
the  voters  of  the  entire  State  and  for  all  elective  judicial,  congres- 
sional, senatorial,  assembly,  city,  borough  and  county  offices,  ex- 
cept to  fill  vacancies  in  nominations,  shall  be  made  by  party  con- 
ventions.    Voters  shall  be  registered  annually." 

On  page  2,  line  2,  after  the  words  "  before  each  "  insert,  in 
italics,  the  word  "  general  ". 

which  report  was  agreed  to,  and  said  proposition  ordered  reprinted 
as  amended,  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Barnes,  from  the  Committee  on  Legislative  Powers,  to 
which  was  referred  Proposed  Amendment  introduced  by  Mr.  R. 
B.  Smith  (No.  594,  Int.  No.  579),  entitled  "  Proposed  constitu- 
tional amendment  to  amend  Section  16  of  Article  III  of  the 
Constitution,  in  relation  to  private  and  local  bills,"  reported  in 
favor  of  the  passage  of  the  same,  with  the  following  amendments : 

Page  1,  line  6,  after  the  word  "  invalid  "  strike  out  the  words 
"  by  reason  "  and  insert  in  italics  the  word  "  because  ". 

Page  1,  line  7  before  the  word  "  years  "  strike  out  the  word 
"  five  "  and  insert  in  italics  the  word  "  twenty  ". 

which  report  was  agreed  to  and  said  proposition  ordered  reprinted 
as  amended,  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Tanner,  from  the  Committee  on  Governor  and  Other  State 


296  JOURNAL  OF  THE 

Officers,  etc.,  to  which  was  referred  Proposed  Amendment  intro- 
duced by  Mr.  R  B..  Smith  (No.  392,  Int.  No.  385),  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Sections  6  and  7  of 
Article  IV  of  the  Constitution,  in  relation  to  succession  to  the  office 
of  Governor,"  reported  in  favor  of  the  passage  of  the  same,  with 
the  following  amendments : 

Page  2,  line  1,  omit  "  impeachment  "  ;  omit  the  word  "  or  "  and 
insert  in  the  place  thereof  a  comma.  After  the  word  "  absence  " 
insert  in  italics  "  or  the  pendency  of  such  impeachment ". 

Page  2,  line  8,  omit  bracket. 

Line  10,  after  the  period  and  before  "  If  "  insert  a  bracket. 

Page  2,  line  22,  after  the  word  "  Governor "  and  before  the 
words  "  before  the  residue  of  the  term  "  insert  in  italics  "  until 
the  commencement  of  the  political  year  next  succeeding  the  first 
annual  election  at  which  a  successor  to  the  Governor  can  be  chosen, 
and  such  successor  shall  then  be  chosen  ". 

Page  2,  line  26,  omit  "  impeachment ". 

Page  2,  line  28,  omit  the  word  "  or  "  and  insert  in  place  thereof 
a  comma. 

Page  3,  line  1,  after  the  word  "  absence  "  insert  in  italics  "  or 
the  pendency  of  such  impeachment." 

which  report  was  agreed  to,  and  said  proposition  ordered  reprinted 
as  amended,  and  referred  to  the  Committee  of  the  Whole. 

Mr.  S.  K.  Phillips,  from  the  Committee  on  Contingent  Expenses, 
to  which  was  referred  the  resolution  relative  to  having  the  answer 
of  the  State  Comptroller,  in  response  to  a  resolution  of  the  Con- 
vention, printed  as  a  public  document,  as  requested  by  the  Com- 
mittee on  State  Finances,  reported  in  favor  of  the  adoption  of  the 
following  resolution : 

Resolved,  That  the  document,  which  is  the  answer  of  the  State 
Comptroller  to  a  resolution  of  this  Convention,  asking  for  infor- 
mation relative  to  the  sinking  funds  of  the  State  of  New  York,  be 
printed  as  a  document. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  Lindsay,  from  the  Committee  on  The  Legislature,  its 
Organization,  etc.,  to  which  was  referred  the  Proposed  Consti- 
tutional Amendment,  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  6  of  Article  III  of  the  Constitution, 
in  relation  to  the  compensation  and  expenses  of  members  of  the 


CONSTITUTIONAL  CONVENTION  297 

Legislature"  (Int.  No.  697),  which  was  read  twice,  and  said  com- 
mittee recommends  that  the  same  be  referred  to  the  Committee  of 
the  Whole. 

The  following  reasons  are  presented  as  representing  the  views  of 
the  majority  in  support  of  said  report: 

The  present  rate  of  compensation  for  members  of  the  Legisla- 
ture was  fixed  by  a  constitutional  amendment  adopted  November 
3,  1874.  Prior  to  that  date,  under  the  Constitution  of  1846  it 
had  been  $3  per  day,  limited  to  $300  for  the  per  diem,  with  mile- 
age as  at  present.  The  Constitutional  Convention  of  1894  only 
continued  the  existing  compensation.  Legislators  are,  therefore, 
now  serving  for  a  compensation  considered  adequate  by  the  people 
of  the  State  forty-one  years  ago,  and  based  on  the  conditions  then 
existing.  Since  then  the  necessary  cost  of  living  has  greatly  in- 
creased, so  that  the  purchasing  power  of  a  dollar  then  and  now  is 
essentially  different.  Salaries  of  other  officers  and  employees  of 
the  State  have  from  time  to  time  been  greatly  increased.  It  is 
conceded,  we  think,  that  the  present  compensation  of  members  of 
the  Legislature  is  wholly  inadequate,  and  that  members  give  their 
time  and  service  to  the  State  at  an  actual  loss. 

The  Legislature  is  the  most  important  department  of  the  State, 
has  the  most  important  duties  to  perform  relative  to  the  man- 
agement of  affairs  of  the  State,  and  its  members  are  peculiarly  the 
agents  of  the  people  for  the  performance  of  those  duties.  It  is 
also  generally  conceded  that  the  Legislature  should  be  representa- 
tive of  all  classes  of  citizens,  rich  and  poor,  exalted  and  humble. 
At  the  present  rate  of  compensation  it  has  become  practically  im- 
possible for  a  poor  man  to  accept  the  office  and  properly  attend  to 
its  duties,  and  particularly  is  it  impossible  for  the  laboring  man 
whose  absence  not  only  prevents  him  from  otherwise  earning  sup- 
port for  his  family,  but  frequently  results  in  his  being  compelled, 
after  his  period  of  service,  to  seek  a  new  position.  The  committee 
does  not  believe  that  the  salary  should  be  made  so  large  as  to 
make  the  position  attractive  from  a  merely  money  point  of  view, 
but  it  does  believe  that  it  should  be  sufficient  to  reasonably  com- 
pensate for  services  of  the  member  of  the  State,  and  prevent  him 
from  actual  loss. 

The  provision  in  the  Proposed  Amendment  for  mileage,  the 
committee  believes  to  be  not  only  fair,  but  that  it  will  result  in 
equalizing  the  burdens  imposed  upon  members  residing  in  dif- 
ferent parts  of  the  State.  A  majority  of  the  committee  are  con- 
vinced that  the  small  increase  in  pay  proposed  by  this  amendment 
will  result  in  very  many  more  intelligent  and  well-qualified  per- 
sons aspiring  to  the  position,  and  that  the  general  result  will  be 
improvement  in  the  general  character  and  standing  of  the  Legis- 
lature.   Finally,  the  committee  is  convinced  that  there  is  a  general 


298  JOURNAL  OF  THE 

demand  for  a  reasonable  increase  in  such  compensation,  and  that 
the  increase  proposed  is  reasonable  and  will  meet  the  approval 
of  the  voters  of  the  State.  Voters  are  not  unjust,  and  do  not 
demand  that  their  servants  shall  work  for  them  at  a  loss.  The 
vote  given  in  1911  for  the  amendment  to  increase  the  salary  of 
Assemblymen  to  $3,000,  and  of  Senators  to  $3,500,  with  mileage 
at  three  cents  per  mile  is  no  criterion.  It  is  true  that  amendment 
was  defeated,  principally  for  the  reason  that  nearly  half  the 
voters  failed  to  express  an  opinion  on  the  question ;  and  it  is  sig- 
nificant that  the  entire  seven  amendments  submitted  that  year  all 
failed  of  passage.  Undoubtedly  the  great  objection  to  that  amend- 
ment, if  any,  would  be  that  it  provided  for  actual  mileage  at  three 
cents  a  mile,  which  gave  the  impression  that  there  was  an  attempt 
to  make  money  out  of  the  mileage  over  its  actual  cost. 

Perhaps  the  strongest  evidence  of  this  general  demand  is  the 
action  taken  by  the  New  York  State  Federation  of  Labor,  set  forth 
in  its  memorial  of  June  8,  1915,  which  is  printed  as  Document 
No.  17  of  this  Convention.  Resolution  No.  17,  of  said  memorial 
is  as  follows : 

17.  Resolved,  With  a  view  of  having  the  members  of  the 
Legislature  in  a  more  independent  position  financially,  this 
conference  recommend  to  the  Constitutional  Convention  the 
wisdom  of  raising  the  salaries  of  the  members  of  the  Legis- 
lature to  an  adequate  amount. 
For  the  foregoing  reasons,  your  committee  recommends  the 
adoption  of  said  amendment. 

(Signed)  James  P.  Lindsay, 

For  the  majority  of  the  Committee. 

which    report    was    agreed    to,    and  said    Proposed    Amendment 
ordered  printed  and  referred  to  the  Committee  of  the  Whole. 
Mr.  Brackett  presented  the  following  minority  report : 

To  the  Convention: 

With  great  respect  for  the  opinion  of  our  fellow  members  of 
the  Committee  on  Legislative  Organization,  we  feel  constrained 
to  dissent  from  the  report  of  the  committee  recommending  the 
raising  of  the  salaries  of  members  of  the  Legislature  from  $1,500, 
a  year,  as  now  established,  to  $2,500. 

Among  others,  these  are  our  reasons  for  such  dissent : 

1.  It  is  not  a  time  favorable  to  the  increase  of  official  salaries. 

It  should  always  be  remembered  that  the  expenses  of  the  State 
are  paid  in  part  by  persons  whose  incomes  are  smaller  than  the 
salaries  of  the  majority  of  the  public  servants,  to  which  payers 
any  increase  of  taxation  is  burdensome.     This  time  of  financial 


CONSTITUTIONAL  CONVENTION  299 

stress  should  not  be  seized  upon  to  increase  such  burden  in  the 
slightest  degree  if  it  is  avoidable.     It  is  avoidable  here. 

2.  We  do  not  forget  the  claim  that  many  salaries  are  now  so 
large  as  to  make  the  salary  of  legislators  ridiculously  small  in 
comparison.  Our  reply  is  that  such  present  disproportionately 
large  salaries  should  be  greatly  reduced,  rather  than  that  any 
attempt  be  here  made  to  grade  the  lower  up  to  them. 

The  public  service  is  no  place  in  which  to  amass  a  fortune.  It 
is  one  of  the  penalties  of  such  service  that  the  money  returns  there- 
for are,  and  must  remain,  very  moderate. 

3.  There  are  two  lines  of  reasoning  with  respect  to  salaries  of 
those  in  the  State  service.  One  is  that  the  larger  salary  will  at- 
tract to  such  service  a  better  and  more  efficient  class  of  public 
servants;  the  other  that  such  larger  compensation  will  draw  to 
it  men  who  are  willing  to  become  professional  politicians,  with  a 
chief  view  of  drawing  the  salary  regardless  of  the  character  of  the 
service  rendered. 

We  believe  that  the  best  service  to  the  State  in  the  Legislature 
is  not  rendered  by  the  man  devoting  his  whole  time  to  political 
life  and  who  is  lured  by  the  salary,  but  rather  by  those  who,  busy 
in  their  own  affairs,  are  yet  willing  to  sacrifice  of  their  time  in 
serving  the  public  in  places  of  honor,  and  who  find  much  of  their 
compensation  for  such  service  in  the  confidence  and  regard  of  the 
constituency  electing  them  and  in  the  satisfaction  that  comes  from 
the  consciousness  of  duty  well  performed. 

It  must  be  borne  in  mind  that  the  active  duties  of  a  member  of 
the  Legislature  are  not  continuous,  do.  not  usually  engage  more 
than  about  a  third  of  the  year  and  that  they  are  so  distributed  as 
to  leave  reasonable  time  for  a  man  diligent  in  business  to  care 
somewhat  for  his  private  affairs,  while  still  well  serving  the  public. 

For  these  reasons,  believing  that  the  present  compensation  of 
$1,500,  a  year  for  each  legislator,  while  not  large,  is  still  sufficient 
to  indemnify  the  average  Senator  or  member  for  his  time  rendered 
and  expense  incurred  in  the  public  service,  we  present  this  minority 
report  for  the  consideration  of  the  Convention. 

July  14,  1915. 

(Signed)  Edgar  T.  Brackett, 

Lemuel  E.  Quigg, 
Thomas  A.  Kirby, 
Lewis  H.  Ford. 

The  President  announced  the  General  Orders. 
•On  motion  of  Mr.   Wickersham,   the  further   reading  of  the 
calendar  was  dispensed  with. 

Mr.  Berri  was  excused  from  the  session  of  July  17th. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


300  JOURNAL  OF  THE 

FRIDAY,  JULY  16,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  Vice-Presi- 
dent Schurman  in  the  chair. 

Prayer  by  Rev.  James  J.  Halliday. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Wednesday, 
July  14th,  was  approved. 

Mr.  Quigg  moved  that  the  Convention  do  now  adjourn. 

Mr.  Wickersham  raised  the  point  of  order  that  the  motion  of 
Mr.  Quigg  was  not  in  order. 

Mr.  President  declared  the  point  of  order  not  well  taken. 

Mr.  Wickersham  appealed  from  the  decision  of  the  Chair. 

The  President  put  the  question  "  Shall  the  decision  of  the 
Chair  stand  as  the  judgment  of  the  Convention  ? "  and  it  was 
determined  in  the  affirmative. 

The  President  announced  the  General  Orders. 

On  motion  of  Mr.  WTickersham,  the  further  calling  of  the  calen- 
dar was  dispensed  with. 

Mr.  Quigg  moved  that  the  roll  of  the  Convention  be  called  to 
ascertain  if  a  quorum  is  present. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

Mr.  Quigg  moved  that  when  the  Convention  adjourn  this  day, 
it  be  to  meet  again  Monday,  July  19th,  at  8 :30  o'clock  p.  if. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


SATURDAY,  JULY  17,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  Burton  J.  Hotaling. 

On  motion  of  Mr.  Wickersham  the  journal  of  Thursday,  July 
15th  was  approved. 

The  President  presented  resolutions  adopted  by  the  common 
councils  of  the  cities  of  Batavia,  Lockport  and  Syracuse,  which 
were  referred  to  the  Committee  on  Cities. 


CONSTITUTIONAL  CONVENTION  301 

Also,  resolutions  adopted  by  the  board  of  trade  of  the  city  of 
Cohoes,  which  were  referred  to  the  Committee  on  Cities. 

Also,  resolutions  adopted  by  the  chamber  of  commerce  of  the 
city  of  Glens  Falls,  which  were  referred  to  the  Committee  on 
Cities.  I 

Mr.  Haffen  presented  the  Memorial  of  the  Bronx  County  Bar 
Association,  which  was  referred  to  the  Committee  on  Judiciary. 

On  motion  of  Mr.  Quigg  the  Convention  adjourned. 


MONDAY,  JULY  19,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Kev.  Charles  M.  Nickerson,  Troy. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Friday,  July 
16th,  was  approved. 

The  President  presented  the  resolutions  of  the  common  council 
of  the  city  of  Tonawanda,  which  were  referred  to  the  Committee 
on  Cities. 

Also,  the  resolutions  of  the  Chamber  of  Commerce  of  the  city 
of  Cohoes,  which  were  referred  to  the  Committee  on  Cities. 

Also,  the  resolutions  of  the  common  council  of  the  city  of 
Canandaigua,  which  were  referred  to  the  Committee  on  Cities. 

Mr.  Barnes  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Legislative  Powers  be  dis- 
charged from  further  consideration  of  Proposed  Amendment  (No. 
377,  Int.  No.  315)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Article  III  of  the  Constitution,  relating  to  the 
powers  of  the  Legislature." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Barnes,  the  same  was  amended  as  follows : 

Page  1,  line  5,  after  the  word  "  Granting "  insert  the  word 
"  hereafter  " ;  also  strike  out  the  words  "  person  or  persons  "  and 
insert  in  place  thereof  "  class  of  individuals  ". 

Page  1,  strike  out  all  of  line  6  and  insert  the  following  "  not 
granted  equally  to  all  the  members  of  the  State. " 


302  JOURNAL  OF  THE 

Page  1,  line  8,  after  the  word  "person  "  strike  out  balance  of 
line  and  all  of  line  9,  and  insert  in  place  thereof  the  following 
"  except  for  services  rendered  upon  employment  by  the  State  or 
a  political  division  thereof." 

Page  1,  line  11,  strike  out  the  words  "  or  employees  by  an  "  and 
insert  "  by  a  private  ". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  General  Orders,  being  the 
Proposed  Amendment  (No.  410,  Int.  No.  289)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Section  twenty-eight  of 
Article  III  of  the  Constitution  in  relation  to  granting  or  allowing 
of  extra  compensation  by  legislative  bodies  or  auditing  boards, 
bodies  or  officers." 

After  some  time  spent  therein,  the  President  resumed  the  chair 
and  Mr.  Phillips,  from  said  committee,  reported  in  favor  of  the 
passage  of  the  above  Proposed  Amendment  with  amendments, 
which  report  was  agreed  to  and  said  proposition  ordered  reprinted 
and  placed  on  the  order  of  third  reading. 

The. Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  General  Orders,  being  the 
Proposed  Amendment  (No.  376,  Int.  No.  78)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Section  fifteen  of 
Article  III  of  the  Constitution,  relative  to  the  passage  of  bills" 
by  the  striking  out  the  authorization  for  the  passage  of  bills  under 
emergency  messages  from  the  Governor. 

After  some  time  spent  therein,  the  President  resumed  the  chair 
and  Mr.  Phillips,  from  said  committee,  reported  in  favor  of  the 
passage  of  the  above  Proposed  Amendment  with  amendments, 
which  report  was  agreed  to  and  said  proposition  ordered  reprinted 
and  placed  on  the  order  of  third  reading. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  General  Orders,  being  Pro- 
posed Amendment  (No.  700,  Int.  No.  275)  entitled  "  Proposed 
constitutional  amendment  to  amend  Section  seventeen  of  Article 
III  of  the  Constitution,  in  relation  to  references  in  a  bill  to  exist- 
ing law." 

After  some  time  spent  therein,  the  President  resumed  the  chair 


CONSTITUTIONAL  CONVENTION  303 

and  Mr.  Phillips,  from  said  committee,  reported  that  the  com- 
mittee recommends  that  said  Proposed  Amendment  be  recom- 
mitted to  the  Committee  on  Legislative  Powers,  which  report  was 
agreed  to,  and  said  proposition  recommitted  to  the  Committee  on 
Legislative  Powers. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  General  Orders,  being  the 
Proposed  Amendment  (No.  734,  Int.  No.  291)  entitled  "Pro- 
posed constitutional  amendment  to  amend  Article  III  and  Sec- 
tion four  of  Article  IV  of  the  Constitution,"  in  relation  to  extra- 
ordinary sessions  of  the  Legislature  and  the  Assembly. 

After  some  time  spent  therein,  the  President  resumed  the  chair 
and  Mr.  Phillips,  from  said  committee,  reported  in  favor  of  the 
passage  of  the  above  Proposed  Amendment,  which  report  was 
agreed  to  and  said  proposition  ordered  to  a  third  reading. 

Mr.  Schurman,  from  the  Committee  on  Education,  to  which 
was  referred  Proposed  Amendment  by  Mr.  Linde  (No.  67,  Int. 
No.  67),  entitled  "Proposed  constitutional  amendment  to  amend 
Section  one  of  Article  IX  of  the  Constitution,  relating  to  educa- 
tion." 

And  Proposed  Amendment  by  Mr.  Schurman  (No.  525,  Int. 
No.  513),  entitled  "  Proposed  constitutional  amendment  to  amend 
Section  one  of  Article  IX  of  the  Constitution,  in  relation  to  the 
supervision  and  control  of  education  by  the  State." 

reports  by  Proposed  Constitutional  Amendment  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Section  one  of  Article 
IX  of  the  Constitution,  in  relation  to  the  supervision  and  control 
by  the  State  of  the  education  of  children  "  (Int.  No.  698),  which 
was  read  twice,  and  said  committee  requests  that  said  Proposed 
Amendment  be  referred  to  the  Committee  of  the  Whole,  which 
report  was  agreed  to,  and  said  Proposed  Amendment  ordered 
printed  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Tanner,  from  the  Committee  on  Governor  and  Other  State 
Officers,  etc.,  submitted  the  following  report: 

Proposed  constitutional  amendment  No.  4  (Print  No.  729),  by 
Mr.  J.  G.  Saxe.  was  transmitted  to  the  Committee  on  Governor 
and  other  State  Officers,  etc.,  for  information  and  opinion.  The 
committee,  after  deliberation,  reports  unanimously  that  in  its 
opinion  the  Proposed  Amendment  should  not  be  adopted  for  the 


304  JOURNAL  OF  THE 

reason  that  a  provision  compelling  the  people  or  political  parties 
to  make  nominations  for  political  offices  in  a  specified  way, 
whether  by  convention,  direct  primaries  or  otherwise,  is  not  a 
proper  subject  for  constitutional  provision. 

Frederick  C.  Tanner, 

Chairman. 

On  motion  of  Mr.  Brackett,  said  report  was  ordered  laid  upon 
the  table. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


TUESDAY,  JULY  20    1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President  in 
the  chair. 

Prayer  by  Rev.  H.  Dykheizen. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Saturday,  July 
17th,  was  approved. 

The  President  presented  the  communication  of  the  State  En- 
gineer and  Surveyor,  in  response  to  a  resolution  of  the  Convention, 
in  relation  to  the  Board  of  Claims,  which  was  referred  to  the 
Committee  on  Judiciary. 

Mr.  Austin  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Secretary  of  the  Convention  be  instructed 
to  place  upon  the  desks  of  the  members  daily,  in  separate  files,  all 
amendments  which  are  upon  the  third  reading  or  general  orders 
calendars,  arranged  in  the  order  of  their  appearance  thereon. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  Westwood  offered  for  the  consideration  of  the  Convention 
a  resolution  in  the  words  following : 

Resolved,  That  the  Committee  on  Taxation  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  436,  Int. 
No.  424)  entitled  "  Proposed  constitutional  amendment  to  amend 
Article  III  of  the  Constitution,  by  adding  a  new  section,  providing 
that  no  real  property  whatsoever,  except  that  of  the  United  States, 
shall  hereafter  be  exempt  from  taxation." 

which  was  agreed  to. 


CONSTITUTIONAL  CONVENTION  305 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Westwood,  the  same  was  amended  as  follows: 

Strike  out  the  comma  in  line  3  and  all  following,  and  add  in 
place  thereof  the  following  in  italics :  "  shall  be  exempt  from 
taxation,  except  that  by  general  laws  exemption  may  be  granted 
upon  places  of  worship,  and  the  land  upon  which  they  'stand ; 
upon  buildings  of  charitable  institutions,  actually  used  in  the 
administration  of  the  charity,  supported  entirely  by  State,  muni- 
cipal or  private  philanthropy;  upon  cemeteries,  held  exclusively 
and  without  profit  for  burial  purposes ;  and  upon  property  owned 
by  the  Federal,  State,  county,  city,  town,  village  or  school  district 
governments,  located  within  such  county,  city,  town,  village  or 
school  district  respectively.  The  Legislature  shall  enact  laws  for 
the  enforcement   of  the  foregoing  provisions." 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
The  President  announced  the  General  Orders. 
On  motion   of  Mr.   Wickersham,   the  further  reading  of  the 
Calendar  was  dispensed  with. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


WEDNESDAY,  JULY  21,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.   J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Monday,  July 
19th,  was  approved. 

The  President  presented  the  resolutions  of  the  common  council 
and  citizens  of  the  city  of  Kingston,  which  were  referred  to  the 
Committee  on  Cities. 

Mr.  Hinman  offered  for  the  consideration  of  the  Convention, 
a  resolution  in  the  words  following: 

Resolved,  That  Ellen  M.  B.  Hagan,  assistant  telephone  oper- 
ator, be  assigned  to  the  position  of  acting  chief  operator,  to  take 
the  place  of  Minnie  C.  Hullar  who,  on  July  14,  1915,  was  granted 
leave  of  absence  on  account  of  illness  by  the  Convention,  and  that 
her  pay  dating  from  July  14,  1915,  be  the  same  as  that  hereto- 
fore paid  the  chief  operator;  and  be  it  further 


306  JOURNAL  OF  THE 

Resolved,  That  Louise  Patten  be  appointed  as  assistant  tele- 
phone operator  during  the  absence  of  Miss  Hullar,  at  the  same 
compensation  heretofore  paid  to  the  assistant  operator,  and  that 
her  pay  date  from  July  16,  1915. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

On  motion  of  Mr.  Clinton  printed  copies  of  Proposed  Amend- 
ments : 

No.  15,  Int.  No.  15,  entitled  "  Proposed  constitutional  amend- 
ment, to  amend  Section  1  of  Article  VI  of  the  Constitution,  re- 
lating to  the  jurisdiction  of  the  Supreme  Court." 

No.  95,  Int.  No.  95,  entitled  "  Proposed  constitutional  amend- 
ment, to  amend  Section  1  of  Article  I  of  the  Constitution,  by 
providing  that  suits  may  be  brought  against  the  State  as  against 
an  individual." 

No.  414,  Int.  No.  402,  entitled  "  Proposed  constitutional 
amendment,  to  amend  Article  VI  of  the  Constitution,  in  relation 
to  the  jurisdiction  of  the  Supreme  Court,  by  extending  such  juris- 
diction over  claims  against  the  State,  and  by  creating  a  branch 
of  the  Supreme  Court  to  be  known  as  the  claims  division,  and  by 
abolishing  the  Court  of  Claims." 

heretofore;  referred  to  the  Committee  on  the  Judiciary  were 
ordered  sent  to  the  Committee  on  Canals,  with  authority  to  report 
such  opinions  thereon  as  it  may  deem  advisable. 

Mr.  Barnes  offered  for  the  consideration  of  the  Convention  a 
resolution  in  the  words  following: 

Resolved,  That  the  Committee  of  the  Whole  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  728,  Int. 
No.  573),  entitled  "  Proposed  constitutional  amendment,  to 
amend  Article  III  of  the  Constitution,  in  relation  to  powers  of 
the  Legislature  to  pass  bills,  and  of  State  agencies  and  officials  to 
adopt  regulations  ", 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Barnes  the  same  was  amended  as  follows: 

Page  1,  line  6,  strike  out  the  words  "which  is  unreasonable" 
and  insert  in  italics  in  place  thereof  "  unless  there  is  a  reason- 
able necessity  for  the  exercise  of  such  power  to  protect  the  general 
interests  of  the  community  ". 

Ordered  reprinted  and  recommitted  to  said  committee. 


CONSTITUTIONAL  CONVENTION  307 

Mr.  Barnes  presented  the  following  statement  of  the  Committee 
on  Legislative  Powers : 

In  advocating  the  adoption  of  the  bill  introduced  by  Mr.  Dun- 
more,  Int.  No.  573,  the  Committee  on  Legislative  Powers  and 
Limitations  desires  to  file  with  the  Convention  the  following 
memorandum : 

This  bill  proposes  to  write  into  the  basic  law  of  the  State  the 
principle  of  reasonableness  in  legislation  in  the  exercise  of  the 
police  power  which  is  a  part  of  the  unwritten  constitutional  law 
of  this  State. 

In  the  case  of  the  People  vs.  Ringe,  197  N.  Y.,  the  Court  of 
Appeals  held  unanimously  as  follows : 

"  Power  and  authority  exist     *     *     *     in  the  legislature 
to  license  and  regulate  certain  vocations,  notwithstanding  the 
provisions  of  the  Federal  and  State  Constitutions,  but  such 
power  and  authority  are  dependent  upon  a  reasonable  neces- 
sity for  its  exercise  to  protect  health,  morals,  or  the  general 
welfare  of  the  State." 
This  principle  was  fully  discussed  in  the  prevailing  and  dissent- 
ing opinion  of  the  Supreme  Court  of  the  United  States  in  the 
Slaughter  House  Cases  as  early  as  1872,  and  although  the  court 
divided  in  respect  to  monopoly  and  special  privilege,  there  was 
general  agreement  to  the  effect  that  the  States  have  reserve  power 
to  enact  police  laws  in  all  cases  where  it  is  necessary  to  protect 
the  general  interests  of  the  community. 

Inasmuch  as  citizens  generally  have  failed  to  understand  the 
distinction  between  the  written  and  the  actual  construction  and 
application  of  the  Constitution  and  the  recognition  by  the  courts 
of  this  power  of  the  State,  it  has  seemed  to  this  Committee  that 
it  is  of  great  importance  in  so  fundamental  a  matter  that  the 
written  Constitution  should  clearly  express  the  precise  status  of 
the  law  and  leave  no  question  for  discussion  or  misunderstanding 
as  to  the  power  of  the  limitations  of  the  Legislature  or  of  the 
courts. 

The  provision  to  the  effect  that  the  Legislature  shall  not  pass  a 
bill  under  the  police  power,  etc.,  unless  there  is  reasonable  neces- 
sity for  the  exercise  of  such  power  to  protect  the  general  interest 
of  the  community,  which  is  the  phraseology  of  the  Federal  courts, 
or  to  protect  the  health,  morals,  or  the  general  welfare  of  the  State, 
which  is  the  phraseology  of  the  State  courts,  will  clarify  the  entire 
situation,  remove  all  doubts  and  will  be  of  particular  benefit  to 
the  community  in  all  important  respects. 

On  the  one  hand  it  will  relieve  the  Legislature  of  the  charge  of 
attempting  to  do  that  which  it  has  not  the  power  to  do,  and  on 
the  other  hand  will  relieve  the  courts  from  the  charge  of  attempt- 
ing to  deprive  the  Legislature  of  power. 


308  JOUEXAL  OF  THE 

This  adopts  into  the  written  Constitution  the  principle  of  the 
"  rule  of  reason  ",  which  has  prevailed  in  the  Federal  courts  from 
early  times  and  which  was  accentuated  a  short  time  ago  under  the 
decisions  of  the  Standard  Oil  and  Tobacco  cases. 

The  same  rule  of  reason  in  the  construction,  application  and 
determination  of  the  validity  of  a  statute  has  long  prevailed  in 
this  State  and  is  formally  written  into  the  law  in  the  Public  Utili- 
ties Act  of  1907,  in  which,  by  Section  49,  it  was  held  that  the 
orders  of  the  Public  Service  Commission  should  be  just  and  rea- 
sonable, thus  subjecting  their  review  on  the  ground  of  justice  and 
reasonableness.  This  was  also  embodied  in  the  State  Labor  Law 
of  1909  and  was  recognized  and  repeated  with  greater  emphasis 
in  the  amendment  contained  in  the  Industrial  Law  of  1915. 

On  motion  of  Mr.  Barnes,  the  same  was  ordered  printed  as  a 
document. 

The  President  announced  the  General  Orders. 

On  motion  of  Mr.  Wickersham,  the  further  reading  of  the 
calendar  was  dispensed  with. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


THURSDAY,  JULY  22,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  x\ddison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Tuesday,  July 
20th,  was  approved. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  after  Monday,  July  26th,  the  Convention  sit 
ifrom  10  a.  M.  to  1  p.  m.,  from  2  p.  m.  to  5  p.  m.,  and  from  8 :30 
p.  m.  to  10:30  p.  M.,  every  day  except  Sunday. 

Said  resolution  giving  rise  to  debate,  ordered  that  the  same  be 
laid  upon  the  table. 

Mr.  Quigg  moved  that  when  the  Convention  adjourns  Friday, 
July  23rd,  it  be  to  meet  again  Monday,  July  26th,  at  8  :30  o'clock 
p.  m. 


CONSTITUTIONAL  CONVENTION  309 

Said  motion  giving  rise  to  debate,  ordered  that  the  same  be 
laid  upon  the  table. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  reported  in 
favor  of  the  passage  of  the  following  resolution : 

Resolved,  That  the  resignation  of  Benjamin  Kaiser  as  mes- 
senger be  accepted,  and  that  Frank  Ulig  be  employed  this  day  in 
his  stead  as  a  messenger  of  this  Convention  at  the  compensation  of 
$3.00  per  day. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  Barnes,  from  the  Committee  on  Legislative  Powers,  to  which 
was  referred  Proposed  Amendment  introduced  by  Mr.  Barnes 
(No.  748,  Int.  No.  315),  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Article  III  of  the  Constitution,  relating  to  the 
powers  of  the  Legislature/'  reports  by  Proposed  Amendment  en- 
titled "  Proposed  constitutional  amendment  to  amend  Article 
III  of  the  Constitution,  relating  to  the  powers  of  the  Legislature  " 
(Int.  No.  699),  which  was  read  twice,  and  said  committee  reports 
the  same  for  the  consideration  of  the  Convention,  and  requests 
that  said  proposition  be  referred  to  the  Committee  of  the  Whole, 
which  report  was  agreed  to,  and  said  proposition  ordered  printed 
and  referred  to  the  Committee  of  the  Whole. 

Mr.  Barnes,  from  the  Committee  on  Legislative  Powers,  to 
which  was  referred  Proposed  Amendment  introduced  by  Mr. 
Barnes  (No.  748,  Int.  No.  315)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  III  of  the  Constitution,  relating  to 
the  powers  of  the  Legislature,"  reports  by  Proposed  Amendment 
entitled  "  Proposed  constitutional  amendment  to  amend  Article 
III  of  the  Constitution,  relating  to  the  powers  of  the  Legislature  " 
(Int.  No.  700),  which  was  read  twice,  and  said  committee  reports 
in  favor  of  the  passage  of  the  same,  and  requests  that  said  proposi- 
tion be  referred  to  the  Committee  of  the  Whole,  which  repwt  was 
agreed  to,  and  said  proposition  ordered  printed  and  referred  to 
the  Committee  of  the  Whole. 

Mr.  Barnes,  from  the  Committee  on  Legislative  Powers,  to  which 
was  referred  Proposed  Amendment  introduced  by  Mr.   Barnes 


310  JOURNAL  OF  THE 

(No.  748,  Int.  No.  315),  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Article  III  of  the  Constitution,  relating  to  the 
powers  of  the  Legislature, "  reports  by  Proposed  Amendment  en- 
titled "  Proposed  constitutional  amendment  to  amend  Article  III 
of  the  Constitution,  relating  to  the  powers  of  the  Legislature  n 
(Int.  No.  701),  which  was  read  twice,  and  said  committee  reports 
in  favor  of  the  passage  of  the  same,  and  requests  that  said  proposi- 
tion be  referred  to  the  'Committee  of  the  Whole,  which  report  was 
agreed  to,  and  said  proposition  ordered  printed  and  referred  to 
the  Committee  of  the  Whole. 

Mr.  Barnes,  from  the  Committee  on  Legislative  Powers,  pre- 
sented the  following : 

Memorandum  from  the  Committee  on  Legislative  Powers  and 
Limitations  on  bill  introduced  by  Mr.  Barnes  (Int.  No.  365,  Prt. 
No.  748). 

This  proposal  is  based  upon  the  principle  that  the  granting  of 
a  privilege  or  immunity  to  any  class  of  individuals  in  the  State  is 
properly  a  constitutional  and  not  a  legislative  function. 

Privilege  in  its  essence  is  contrary  to  the  spirit  of  American 
institutions,  but  the  right  of  the  voters  to  grant  privilege  is  in- 
herent in  their  sovereign  power.  The  committee,  therefore,  holds 
that  in  the  event,  that  certain  citizens  desire  that  the  State  shall 
grant  similar  privilege  as  has  been  done  in  the  case  of  the  Work- 
men's Compensation  amendment  to  the  Constitution,  their  appeal 
should  be  made  directly  to  the  voters  through  constitutional  amend- 
ment. 

Mr.  Tanner,  from  the  Committee  on  Governor  and  Other  State 
Officers,  etc.,  to  which  were  referred  several  Proposed  Amendments 
to  Section  1  of  Article  IV  of  the  Constitution,  reports  by  proposed 
constitutional  amendment  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  1,  Article  IV  of  the  Constitution  " 
(Int.  No.  702),  which  was  read  twice,  and  said  committee  reports 
in  favor  of  the  passage  of  the  same,  which  report  was  agreed  to: 
and  said  proposition  ordered  printed  and  referred  to  the  Com- 
mittee of  the  Whole. 

We  are  unable  to  agree  with  the  majority  of  the  committee  in 
recommending  the  amendment  to  Section  1,  Article  IV,  extending 
the  term  of  the  Governor  to  four  years  and  making  him  ineligible 
to  succeed  himself. 


CONSTITUTIONAL  COXYEXTIOX  311 

The  chief  function  of  the  Governor  is  the  administration  of  the 
business  of  the  State. 

If  he  does  it  well,  he  should  be  re-elected. 
If  he  does  it  badly,  two  years  is  long  enough. 
The  people  demand  and  should  have  a  close  relation  with  their 
chief  executive.    If  you  take  away  the  frequent  election  you  must 
grant  the  antidote  for  the  long  term,  viz.,  the  recall. 

We  can  not  subscribe  to  this  experiment  and  accordingly  register 
our  dissent. 

Arthur  J.  Baldwin, 

Member  of  the  Committee  on  Governor 
and  other  State  Officers. 

Mr.  Cullinan,  from  the  Committee  on  Suffrage,  to  which  was 
referred  Proposed  Amendment  introduced  by  Mr.  C.  H.  Young 
(Nos.  706,  717,  Int.  No.  686),  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  II  of  the  Constitution,  relative  to  the 
qualification  of  voters,"  reported  in  favor  of  the  passage  of  the 
same,  without  amendment,  which  report  was  agreed  to  and  said 
proposition  referred  to  the  Committee  of  the  Whole. 

Mr.  Cullinan,  from  the  Committee  on  Suffrage,  to  which  com- 
mittee were  referred  several  proposed  constitutional  amendments 
and  a  resolution,  making  provision  with  respect  to  amendments 
coincidently  submitted  by  a  Convention  and  the  Legislature;  and 
a  number  of  hearings  having  been  had  on  the  subject  matter  em- 
braced in  said  proposed  constitutional  amendments  and  resolution, 
the  said  committee  unanimously  reports  by  proposed  constitutional 
amendment  entitled  "  Proposed  constitutional  amendment  to 
amend  Section  3  of  Article  XIV  of  the  Constitution,  by  making 
provision  with  respect  to  amendments  coincidently  submitted  by 
a  Convention  and  the  Legislature  "  (Int.  Xo.  703),  which  was  read 
once. 

On  motion  of  Mr.  Cullinan,  said  report  and  Proposed  Amend- 
ment were  laid  upon  the  table. 

Mr.  M.  Saxe,  from  the  Committee  on  Taxation,  to  which  was 
referred  Proposed  Amendment  introduced  by  the  Committee  on 
Taxation  (Xo.  696,  Int.  Xo.  679)  entitled  "  Proposed  constitu- 
tional amendment  to  amend  the  Constitution,  by  inserting  a  new 


312  JOURNAL  OF  THE 

article  in  relation  to  taxation/'  reported  in  favor  of  the  passage 
of  the  same,  with  the  following  amendments: 

On  page  1,  line  5,  after  the  word  "  away."  add  the  following  in 
italics :  "  No  property  shall  be  exempt  from  taxation  except  as 
expressly  provided  by  law.  Laws  granting  exemption  from  tax- 
ation, whether  heretofore  or  hereafter  enacted,  shall  be  subject  to 
modification  or  repeal.  Hereafter  no  exemption  shall  be  granted 
except  by  general  laws  and  upon  the  affirmative  vote  of  two-thirds 
of  all  the  members  elected  to  each  House." 

On  page  1,  strike  out  from  lines  6  to  11  inclusive  and  insert 
the  following  in  italics :  "  Section  2.  Taxes  shall  be  imposed  by 
general  laws  and  for  public  purposes  only.  The  Legislature  shall 
prescribe  how  taxable  subjects  shall  be  assessed  and  provide  for 
officers  to  execute  laws  relating  to  the  assessment  and  collection 
of  taxes,  any  provision  of  any  other  article  of  this  Constitution 
to  the  contrary  notwithstanding.  The  Legislature  shall  provide  for 
the  supervision,  review  and  equalization  of  assessments." 

On  page  2,  strike  out  lines  1,  2  and  3  and  insert  the  following  in 
italics :  "  Section  3.  For  the  assessment  of  real  property,  heretofore 
locally  assessed,  the  Legislature  shall  establish  tax  districts,  none 
of  which,  unless  it  be  a  city,  shall  embrace  more  than  one  county. 
The  assessors  therein  shall  be  elected  by  the  electors  of  such  dis- 
tricts or  appointed  by  such  authorities  thereof  as  shall  be  designated 
by  law.  The  Legislature  may  provide  that  the  assessment  roll  of 
each  larger  district  shall  serve  for  all  the  lesser  tax  districts  within 
its  boundaries.  The  Legislature  may,  however,  provide  for  the  as- 
sessment by  State  authorities  of  all  the  property  of  designated 
classes  of  public  service  corporations. 

"  Section  4.  The  Legislature  may  empower  State  authorities  to 
review  the  assessment  of  the  real  property  of  a  municipal  corpora- 
tion not  within  the  limits  of  such  corporation  and  to  order  a  reas- 
sessment thereof  subject  to  judicial  review." 

which  report  was  agreed  to,  and  said  proposition  ordered  re- 
printed as  amended,  and  referred  to  the  Committee  of  the  Whole. 

Mr.  S.  K.  Phillips,  from  the  Committee  on  Contingent  Ex- 
penses, to  which  was  referred  the  resolution  relative  to  appoint- 
ment of  telephone  operators,  introduced  by  Mr.  Hinman,  July  21, 
1915,  reported  in  favor  of  the  adoption  of  the  said  resolution. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 


CONSTITUTIONAL  CONVENTION  313 

The  President  announced  the  General  Orders. 

On  motion  of  Mr.  Wickersham,  the  reading  of  the  Calendar  was 
dispensed  with. 

Mr.  Wiggins  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following : 

Resolved,  That  there  be  printed  as  a  document  of  this  Con- 
vention, the  speeches  made  by  William  D.  Guthrie,  D-Cady  Her- 
rick  and  George  WT.  Wickersham,  made  before  the  Suffrage  Com- 
mittee, on  the  subject  of  nominations  by  Convention  system. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 
On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


FRIDAY,  JULY  23,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  S.  H.  Goldenson. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Wednesday,  July 
21st,  was  approved. 

The  President  presented  resolutions  adopted  by  the  common 
councils  of  the  cities  of  Hornell,  Corning,  and  Elmira,  which 
were  referred  to  the  Committee  on  Cities. 

Also  resolutions  adopted  by  citizens  of  the  cities  of  Cortland 
and  Oneonta,  which  were  referred  to  the  Committee  on  Cities. 

On  motion  of  Mr.  Quigg,  his  motion  of  July  22d  relating  to  the 
adjournment  of  the  Convention  from  Friday,  July  23d,  to  Mon- 
day, July  26th,  was  taken  from  the  table. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution  in  words  following: 

Resolved,  That  the  chairmen  of  the  respective  committees  report 
to  the  Convention  Monday  evening,  July  20th.  concerning  the  state 
of  business  of  their  committees,  and  the  time  when  they  expect 
to  be  able  to  report  to  the  Convention  upon  the  principal  matters 
under  consideration  by  them. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 


314 


JOURXAL  OF  THE 


Mr.  Quigg  moved  that  when  the  Convention  adjourns  this  day 
it  be  to  meet  again  Monday,  July  26th,  at  8:15  p.  m. 

Debate  was  had. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

Mr.  Quigg  raised  the  point  of  order,  that  a  quorum  of  the  Con- 
vention was  not  present. 

Upon  the  direction  of  the  President,  the  Secretary  called  the 
roll  of  the  Convention,  when  the  following  members  responded. 


Aiken 

Cobb 

Landreth 

Parmenter 

Steinbrink 

Allen  F  C 

Cullinan 

Latson 

Parsons 

Stirason 

Angell 

Curran 

Law 

Phillips  S  K 

Tanner 

Austin 

Dahm 

Leggett 

Potter 

Tierney 

Baldwin 

Deyo 

Linde 

Quigg 

Tuck 

Bannister 

Dick 

Lindsay 

Rhees 

Unger 

Barnes 

Donovan 

Low 

Rodenbeck 

Van  Ness 

Barrett 

Dow 

Marshall 

Root 

Wafer 

Bayes 

Dunmore 

Martin  L  M 

Ryder 

Waterman 

Bell 

Fobes 

Mealy 

Sanders 

Weed 

Berri 

Franchot 

Meigs 

Schurman 

Westwood 

Betts 

Gladding 

Nicoll  C 

Sears 

White  C  J 

Blauvelt 

Green 

Nixon 

Shipman 

Wickersham 

Bunce 

Haffen 

Nye 

Slevin 

Young  C  H 

Buxbaum 

Hale 

O'Brian  J  L 

Smith  E  N 

Young  F  L 

Clinton 

Hinman 

Owen 

Standart 

Mr.  Wickersham  moved  that  the  call  be  made  a  close  call,  and 
the  Sergeant-at-arms  be  instructed  to  bring  in  the  absent  members. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Mr.  Wickersham  moved  that  all  further  proceedings  under  the 
call  be  suspended. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Wickersham,  the  convention  adjourned. 


SATURDAY,  JULY  24,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  Ernest  M.  Grahn. 

On  motion  of  Mr.  Wickersham  the  journal  of  Thursday,  July 
2 2d,  was  approved. 

Mr.  Wickersham  offered,  for  the  consideration  of  the  Conven- 
tion, a  resolution  in  the  words  following:     Resolved,  That  the 


CONSTITUTIONAL  CONVENTION  315 

Committee  of  the  Whole  be  discharged  from  the  further  considera- 
tion of  Proposed  Amendment  No.  640,  Int.  No.  624,  entitled: 
"  To  amend  section  18  of  article  3  of  the  Constitution,"  which 
was  agreed  to.  Said  proposition  having  been  announced,  on  motion 
of  Mr.  Wickersham,  the  same  was  amended  as  follows : 

Strike  out  all  the  brackets  and  all  the  words  in  italics  on  pages 
1,  2  and  3  down  to  and  including  the  words  "  for  such  purposes  " 
in  line  21  of  page  3. 

After  the  words  "  for  such  purposes  "  in  line  21  of  page  3, 
insert  in  italics  the  words  "  no  private  or  local  bill  in  any  case." 

On  page  4,  line  19,  after  the  word  "  legislature  "  strike  out  the 
period  and  insert  in  lieu  thereof  a  comma,  and  insert  in  italics 
after  said  comma  the  following  words:  "  nor  unless  the  bill  in 
its  final  form  shall  be  published  for  at  least  six  days  in  the  two 
newspapers  designated  by  the  Secretary  of  State  as  last  above 
provided  ". 

In  line  25  of  said  page  4  insert  before  the  word  "  such  "  the 
words  "  local  or  private  ".  Strike  out  the  word  "  such  "  and  after 
the  word  "  bills  w  in  said  line  insert  the  words  "  not  prohibited  in 
this  section  which  rules  shall  be  ". 

Ordered  reprinted  and  referred  to  the  Committee  of  the  Whole. 

Mr.  M.  Saxe  offered  for  the  consideration  of  the  Convention  a 
resolution  in  the  words  following: 

Whereas,  There  has  been  exceedingly  large  demands  for  copies 
of  Proposed  Amendment  No.  756  by  the  Committee  on  Taxation, 
and  whereas  the  supply  as  printed  under  the  rules  of  the  Con- 
vention is  limited, 

Resolved,  That  there  be  printed  for  the  use  of  the  Convention 
500  extra  copies  of  Proposed  Amendment  No.  756,  Introductory 
No.  679,  which  was  referred  to  the  Committee  of  the  Whole  on 
July  22,  1915. 

which  was  referred  to  the  Committee  on  Printing. 

Mr.  Stimson,  from  the  Committee  on  the  State  Finances,  Rev- 
enues and  Expenditures  to  which  was  referred  several  Proposed 
Amendments  in  relation  to. debts  contracted  by  the  State,  reported 
by  Proposed  Amendment  entitled  Proposed  Constitutional  Amend- 
ment to  amend  sections  two,  four,  five,  eleven  and  twelve  of  article 
seven  of  the  Constitution  in  relation  to  debts  incurred  by  the  State. 

Introductory  No.  705  which  was  read  twice  and  said  Committee 
reports  in  favor  of  the  passage  of  the  same,  which  report  was  agreed 
to  and  said  proposition  ordered  printed  and  laid  upon  the  table. 


316  JOUKNAL  OF  THE 

Mr.  'Stimson,  for  the  Committee  on  the  State  Finances, 
Kevenues  and  Expenditures,  submits  the  following  memorandum : 

Your  Committee  has  considered  the  present  situation  of  the 
debts  of  the  State  of  New  York,  the  sinking  funds  created  for 
such  debts  and  the  provisions  of  Article  Seventh  of  the  Constitu- 
tion and  of  the  statutes  governing  and  relating  to  such  debts.  It 
has  also  given  consideration  to  the  various  proposed  amendments 
relating  to  this  article  which  have  been  referred  to  it  by  the  Con- 
vention. As  a  result  of  such  investigation,  it  reports  to  the  Con- 
vention a  Proposed  Amendment  embracing  its  recommendations 
in  respect  to  Article  Seventh  of  the  Constitution. 

The  Increase  of  Ixdebtedxess  ix  New  York  ox  the  Part 
of  the  State  axd  Its  Subdivisioxs 

Your  Committee  finds  that  the  net  debt  of  New  York  State  over 
and  above  all  sinking  funds  has  increased  from  $7,400,000  in  the 
year  1903  to  over  $145,500,000  at  the  present  time.  The  gross 
debt  outstanding  today  is  over  $186,000,000.  The  total  authorized 
debt  today  is  over  $231,000,000.  During  this  period  the  popu- 
lation has' only  increased  from  7,650,000  in  1903  to  9,899,000  in 
1914.  The  per  capita  net  State  debt  has  thus  arisen  from  $0.94 
per  capita  in  1903  to  approximately  $15.04  at  present.  New 
York  has  at  present  not  merely  the  largest  total  debt,  but  by  far 
the  largest  per  capita  direct  debt  of  any  of  the  United  States. 
It  is  much  larger  than  those  of  the  large  states  which  are  its 
neighbors.  Pennsylvania  has  practically  no  debt,  its  sinking  fund 
accumulations  exceeding  its  indebtedness.  In  Illinois,  the  per 
capita  debt  is  but  $0.39;  in  New  Jersey,  $0.24;  in  Indiana, 
$0.49;  in  Michigan,  $2.41,  the  foregoing  figures  being  for  1913. 
Correspondingly  there  has  been  recently  shown  in  New  York 
a  tendency  on  the  part  of  the  political  subdivisions  of  the  State 
to  greatly  increase  their  indebtedness.  The  United  States  Census 
Bureau  Bulletin  of  1915  on  "  County  and  Municipal  Indebted- 
ness "  makes  the  following  statement. 

"  The  civil  divisions  of  the  State  of  New  York  reported  a 
total  indebtedness  far  in  excess  of  that  reported  by  any  other 
State.     The  total  indebtedness,  less  sinking  fund  assets  was 
$1,046,226,813,  which  amount  wTas  equal  to  30.1  per  cent, 
of  the  indebtedness  of  all  civil  divisions  in  the  United  States 
and  more  than  four  times  the  amount  reported  by  Pennsyl- 
vania which  ranks  second  in  total  debt." 
The  per  capita  figures  for  municipal  and  county  indebtedness 
also  show  pre-eminence  on  the  part  of  New  York.     Its  per  capita 
county  and  municipal  debt  is  $107.71.     The  next  highest  per 
capita  debt  of  the  various  states  is  $70.21  for  the  State  of  Wash- 


CONSTITUTIONAL  CONVENTION  317 

ington;  $61.66  for  New  Jersey;  $57.86  for  Oregon;  $52.86  for 
Massachusetts;  $51.18  for  California  and  $47.23  for  Ohio. 

In  eleven  years,  1902  to  1913,  the  per  capita  debt  of  this  class 
in  New  York  has  grown  from  $56.56  to  $107.71,  an  increase  of 
90.1  per  cent.  Your  Committee  finds  that  while  the  credit  of  the 
State  is  still  very  high,  this  great  increase  in  its  indebtedness  has 
been  noticed  and  commented  on  in  the  investment  market  and  that 
there  is  an  increasing  tendency  on  the  part  of  investors  to 
scrutinize  our  securities  and  to  demand  an  improvement  in  our 
financial  methods  of  incurring  and  securing  debt. 

Shortcomings  of  the  Present  Methods 

With  the  general  policy  of  the  provisions  of  Article  Seventh, 
your  Committee  is  in  hearty  accord.  These  provisions  were 
adopted  in  1846  to  remedy  conditions  resulting  from  extrava- 
gance in  the  construction  of  public  improvements  and  the  creation 
of  debt  for  that  purpose  which  had  produced  a  crisis  in  the 
financial  affairs  of  the  State.  In  brief,  the  provisions  of  Article 
Seventh  forbid  the  contraction  of  debts  (excepting  certain 
emergency  debts  provided  for  in  Sections  2  and  3),  unless  the 
law  authorizing  the  debt  has  been  submitted  to  the  people  for 
ratification  at  an  election  where  only  one  such  law  may  be  voted 
for  at  a  time  and  unless  it  also  provides  for  the  payment  of  the 
principal  of  the  debt  within  a  fixed  time  by  a  direct  annual  tax, 
the  proceeds  of  which  are  to  create  a  sinking  fund  for  that  purpose. 

Your  Committee  believes  that  these  restrictions  upon  debts, 
requiring  the  authority  of  the  people  before  their  creation,  and 
permitting  only  one  proposal  to  be  submitted  at  a  time,  have 
exerted  a  conservative  influence  upon  State  policy  which  until 
recently  was  successful  in  keeping  down  the  State  debt. 

Until  recently  it  was  the  settled  policy  of  the  State  to  make  its 
capital  improvements  out  of  current  revenues  without  incurring 
debt  for  the  purpose.  Our  hospitals,  our  charitable  and  penal 
institutions  and  other  permanent  improvements  have  been  built 
out  of  annual  appropriations  and  until  the  recent  decision  of  the 
people  to  incur  large  indebtedness  for  canal  and  highway  im- 
provements the  State  debt  was  very  small.  Your  Committee 
believes  that  this  is  a  sound  and  proper  policy  for  a  common- 
wealth and  believes  that  this  Convention  should  proceed  with 
extreme  caution  in  removing  these  restrictions. 

Nevertheless,  there  have  developed  certain  serious  shortcomings 
in  the  system  which  should  be  remedied.  The  attempt  to  limit  the 
method  of  taxation  to  direct  taxation  has  not  been  satisfactory  and 
has  been  already  modified  by  the  amendment  of  1906  contained  in 


318  JOURNAL  OF  THE 

Section  11  of  the  Article.  The  State  government  has  not  been  suc- 
cessful in  its  methods  of  calculating  and  collecting  the  contributions 
for  the  sinking  funds.  As  a  result  in  some  years  a  very  much  larger 
amount  has  been  contributed  than  would  be  necessary  under  scien- 
tific amortization.  In  other  years,  evidently  in  reliance  upon 
such  excessive  contributions  in  the  past,  no  contributions  what- 
ever have  been  made  to  some  of  the  funds.  There  has  thus  re- 
sulted on  the  one  hand  an  unnecessary  and  oppressive  taxation 
of  the  present  generation  while,  on  the  other,  there  has  been  no 
certain  or  automatic  method  provided  for  the  enforcement  of 
sinking  fund  contributions.  The  unnecessary  burden  which  has 
been  put  upon  present  taxpayers  can  be  readily  seen  when  it  is 
stated  that  up  to  September  30,  1914,  there  had  been  contributed 
to  all  of  the  sinking  funds  $34,487,679.41,  where  only  $4,940,- 
095.13  was  required  under  a  3  per  cent,  actuarial  computation, 
making  a  surplus  at  that  date  accrued  of  $29,547,584.28. 

Sekiae  Bonds  Instead  of  Sinking  Fund  Bonds 

Your  Committee  recommends  that  hereafter  all  debts  except 
emergency  debts  shall  be  based  upon  serial  bonds  payable  in  equal 
instalments.  The  advantages  of  such  a  system  are  so  fundamental 
and  are  so  closely  related  to  sound  governmental  policy,  as  well 
as  to  sound  finance,  that  we  believe  such  a  restriction  to  be  thor- 
oughly worthy  of  a  place  in  the  Constitution.  The  most  certain, 
simple  and  cheap  way  to  amortize  a  debt  is  to  pay  it  off  in  annual 
instalments.  The  uncertainties  of  calculation  which  have  so  un- 
fortunately affected  our  sinking  funds  in  the  past  are  at  once  elim- 
inated. There  is  no  large  fund  left  in  the  hands  of  public  officials 
to  be  cared  for  and  invested  and  reinvested  for  fifty  years  with 
all  the  attendant  risk  and  temptation,  and  the  danger  that  this 
power  of  investment  in  various  local  securities  may  be  perverted 
into  a  political  power  is  entirely  removed.  Furthermore,  the  fact 
that  the  same  administration  which  incurs  a  debt  must  at  once 
begin,  within  one  year,  to  make  provision  for  its  retirement  neces- 
sarily and  strongly  tends  towards  responsibility  and  prudence  in 
the  contraction  of  debt.  Finally,  the  serial  method  produces  an 
immense  saving  in  the  amounts  which  the  State  must  eventually 
pay  to  retire  its  debt.  If  our  present  canal  debt  of  $118,000,000 
had  been  composed  of  serial  bonds  finally  maturing  in  fifty  years 
instead  of  the  present  straight  term  sinking  fund  fifty  year  bonds, 
the  State  government  would  have  saved  $46,677,596.13  according 
to  the  calculation  of  the  Comptroller's  office,  in  the  total  cost  of  re- 
tiring the  debt,  even  if  we  assume  that  the  sinking  fund  was  able 
to  earn  continually  4  per  cent,  on  its  investments. 


CONSTITUTIONAL  CONVENTION  319 

These  considerations,  in  the  opinion  of  your  Committee,  would 
be  decisive  in  favor  of  serial  bonds  for  the  future  even  if  such 
bonds  were  less  marketable  than  straight  term  sinking  fund 
bonds.  The  administrative  benefits  and  actual  cash  saving  of  the 
serial  method  would,'  in  the  end,  far  outweigh  even  a  decided  loss 
in  initial  marketability.  After  careful  investigation,  however, 
your  Committee  is  of  the  opinion  that  serial  bonds  are  quite  as 
marketable  as  sinking  fund  bonds.  At  a  recent  sale  by  the  Finance 
Department  of  New  York  city,  where  a  sale  of  serial  bonds  was 
made  side  by  side  with  sinking  fund  bonds,  the  former  brought, 
when  reduced  to  terms  of  equivalent  maturity,  a  better  price  than 
the  latter,  the  Comptroller  of  the  city  attributing  the  success  of 
the  sale  to  the  serial  bonds.  Inquiry  among  the  large  financial 
houses  of  New  York,  Boston,  Chicago  and  Philadelphia  has 
developed  the  practically  unanimous  opinion  of  those  authori- 
ties that  serial  bonds  are  at  least  as  marketable  as  sinking  fund 
bonds.  The  system  has  already  been  adopted  by  other  States  of 
the  Union  and  is  also  now  in  use  by  many  of  the  cities  and  smaller 
subdivisions  of  this  State. 

The  Life  of  the  Boxds  Shall  Not  Exceed  the  Life  of  the 
Improvement  for  Which  They  Were  Issued 

The  amendment  which  your  Committee  submits  also  provides 
that  hereafter  no  debt  shall  be  contracted  which  shall  run  for  a 
period  longer  than  the  probable  life  of  the  work  or  object  for  which 
the  debt  is  to  be  contracted,  to  be  determined  by  the  Legislature 
under  general  laws.  One  of  the  most  serious  criticisms  which 
your  Committee  finds  has  been  made  against  the  financial  methods 
of  the  State  in  the  past  has  been  its  failure  to  limit  the  life  of  the 
obligations  it  has  incurred  to  the  life  of  the  benefits  which  it 
expected  to  receive  from  the  issue  of  these  obligations.  Thus, 
for  example,  the  State  has  authorized  the  issue  of  $100,000,000 
of  fifty-year  bonds  for  the  improvement  of  our  highways  and 
between  sixty  and  seventy  millions  of  this  debt  have  already  been 
contracted.  Of  this  amount  your  Committee  finds  that  the  pro- 
ceeds of  approximately  30  per  cent,  have  been  spent  for  construct- 
ing the  surface  of  highways,  the  life  of  which  surface  cannot  or- 
dinarily exceed  four  or  fLYe  years  and  often  is  much  less.  This 
means  that  generations  of  taxpayers  in  this  State  will  be  paying 
heavy  interest  and  sinking  fund  charges  for  improvements  from 
which  they  will  receive  not  an  atom  of  benefit.  Road  surface 
which  has  been  purchased  with  some  thirty  millions  of  these 
bonds  will  have  to  be  replaced  perhaps  ten  times  before  the  date 
when  these  bonds  will  become  due.     Your  Committee  finds  that 


320  JOUK^AL  OF  THE 

this  improvidence  of  method  has  brought  down  upon  it  serious 
condemnation  on  the  part  of  all  dealers  in  our  securities  and  that 
it  is  pointed  out  as  one  of  the  most  serious  evils  now  existing  in 
our  methods. 

After  carefully  considering  various  suggested  methods  for  re- 
form your  Committee  has  reached  the  conclusion  that  the  most 
practical  method  is  that  now  in  force  in  the  State  of  Massachusetts 
where  the  Legislature  provides  by  general  laws  the  length  of  term 
for  which  bonds  may  be  issued  in  respect  to  various  classes  of 
improvements,  making  the  length  of  such  term  correspond  with 
the  anticipated  life  of  the  improvement.  Under  the  terms  of  the 
amendment  submitted  herewith  no  further  debt  can  be  authorized 
until  such  statutes  have  been  passed  by  the  Legislature  in  con- 
formity to  the  policy  thus  laid  down  in  the  Constitution.  At  the 
same  time,  in  order  that  bonds  issued  upon  the  faith  of  such  stat- 
utes may  not  be  invalidated  by  evidence  indicating  that  the  Legis- 
lature was  mistaken  in  its  estimate  of  probable  life,  the  determina- 
tion of  the  Legislature  embodied  in  the  statute  is  made  conclusive. 

Even  with  this  proposed  remedy  in  force  for  the  future  your 
Committee  recognizes  the  seriousness  of  the  situation  which  has 
been  created  by  the  absence  of  such  precaution  in  the  past,  par- 
ticularly in  regard  to  the  highway  debt.  A  very  serious  and 
unjust  burden  has  been  in  this  way  placed  upon  future  taxpayers 
of  the  State.  This  has  been  one  of  the  considerations  which  have 
determined  your  Committee  to  recommend  that  the  present  exces- 
sive accumulations  in  some  of  the  sinking  funds  should  not  be 
depleted  for  the  purpose  of  modifying  present  taxation.  The 
unnecessary  burden  thus  cast  upon  present  taxpayers  by  these 
existing  accumulations  in  the  sinking  funds  will  barely  offset  the 
unnecessary  and  unfair  burden  which  has  been  thrown  upon  future 
taxpayers  by  the  highway  debt.  The  present  taxpayers  have  been 
compelled  to  pay  about  $30,000,000  unnecessarily  into  the  sink- 
ing funds.  Future  taxpayers  will  be  compelled  to  pay  about  $30,- 
000,000  for  the  surface  of  highways  from  which  they  will  have 
no  benefit.  The  burden  of  one  generation  will  roughly  balance  the 
burden  of  the  other. 

Treatment  of  the  Present  Sinking  Funds 

Your  Committee  has  endeavored  in  its  treatment  of  this  diffi- 
cult subject  to  keep  constantly  in  mind  both  the  credit  of  the 
State  and  the  rights  of  the  bondholders  on  the  one  side,  and  the 
necessity  of  relief  for  the  taxpayers  from  unnecessary  taxation 
on  the  other.  Although  there  is  at  present  in  nearly  all  of  the 
funds  an  accumulation  which  is  wholly  unnecessary  to  a  scientific 
amortization  of  the  debt,  your  Committee  feels  that  it  would  be 
very  unwise  and  improper  to  take  out  of  those  funds  any  of  those 


CONSTITUTIONAL  CONVENTION  321 

accumulations.  The  amounts  of  these  funds  have  been  publicly 
advertised  and  reported  by  the  Comptroller;  purchasers  of  State 
bonds  have  undoubtedly  known  of  and  relied  on  this  information ; 
and  to  diminish  the  funds  —  whether  or  not  it  were  a  violation 
of  contract  —  would  undoubtedly  seriously  affect  the  State's  credit 
and  reputation  for  good  faith. 

Nevertheless,  your  Committee  has  felt  that  it  was  highly  im- 
portant that  a  correct  and  automatic  method  of  accumulation 
should  be  provided  for  these  funds  in  the  future.  Such  a  method, 
we  believe,  is  provided  in  the  amendment  herewith  submitted. 
Each  year  the  Comptroller  must  appraise  the  value  of  the  securi- 
ties in  each  fund  and  calculate  afresh  the  amount  of  the  contri- 
bution which  will  be  annually  required  to  amortize  the  debt  at 
its  maturity,  estimating  the  income  on  the  securities  at  the  con- 
servative rate  of  3  per  cent.  Thereupon  it  is  made  the  duty  of 
the  Legislature  to  appropriate  the  amount  thus  estimated  as  the 
contribution  to  the  fund  for  that  year.  If  the  Legislature  fails 
to  make  this  appropriation,  the  duty  is  imposed  upon  the  Comp- 
troller, as  the  chief  fiscal  officer  of  the  State,  to  take  the  amount 
in  question  from  the  next  general  revenues  of  the  State  in  his 
hands  and  apply  it  to  the  fund  in  question.  The  method  of 
taxation  to  be  employed  is  thus  left  to  the  discretion  of  the 
Legislature  but  if  that  body  fails  to  act,  what  is  essentially  a  lien, 
superior  to  the  current  requirements  of  the  State  government,  is 
put  upon  its  general  revenues  in  favor  of  the  bondholder. 

The  same  method  of  enforcement  is  also  made  applicable  to  the 
payment  of  the  instalments  of  principal  and  the  interest  on  all 
future  debts  of  the  State.  Your  Committee  feels  that  in  this 
way  the  completion  of  the  sinking  fund  for  the  old  debt  and  the 
faithful  payment  of  the  recurring  instalments  of  the  new  debt 
is  made  as  simple  and  automatic  as  possible.  In  order  to  give 
to  the  persons  most  interested  in  the  enforcement  of  the  debt  a 
right  to  put  in  motion  the  machinery  for  its  collection,  an  express 
right  to -mandamus  against  the  Comptroller  is  given  to  the  bond- 
holder. This  remedy  is  placed  in  the  Constitution  because,  under 
existing  law,  it  would  otherwise  be  doubtful  whether  such  a  writ 
would  lie  against  a  State  officer. 

Three  of  the  existing  sinking  funds  are  so  near  completion  that 
no  further  contributions  to  them  are  required.  The  regular 
accumulations  upon  the  amounts  already  contributed  are  much 
more  than  enough  to  amortize  the  principal  of  the  debt  by  the 
time  of  its  maturity  and  leave  in  addition  a  large  annual  income 
unnecessary  for  that  purpose.  Your  Committee  recommends  that 
this  excess  income  be  applied  to  the  interest  on  the  debt.  Your 
Committee  believes  that  such  application  is  within  the  original 
contract  with  the  bondholders  contemplated  by  the  terms  of  the 


322  JOURNAL  OF  THE 

present  Constitution,  and  that,  so  far  as  those  funds  are  con- 
cerned, the  good  faith  of  the  State  will  be  literally  maintained 
and  at  the  same  time  a  certain  measure  of  relief  will  be  afforded 
to  the  present  taxpayers. 

Authorization  to  Refund  the  Outstanding  Sinking  FuNn 
Debt  with  Serial  Bonds 

Your  Committee  feels  that  its  recommendations  would  be  incom- 
plete unless  authority  were  granted  to  replace  the  present  straight 
term  fifty  year  debt  with  serial  bonds.  It  would  be  of  little  avail 
to  provide  a  new  and  better  system  for  the  future  and  at  the  same 
time  to  leave  the  State  for  over  forty  years  without  authority  to 
free  itself  from  the  burdens  and  inconveniences  of  the  system 
about  to  be  abandoned  by  exchanging  the  old  form  of  debt  into 
the  new.  Of  course,  such  exchange  can  only  be  accomplished  by 
the  consent  of  the  outstanding  bondholders.  Your  Committee 
finds,  however,  that  even  if  it  were  necessary  to  offer  a  slightly 
higher  rate  of  interest  on  the  new  securities  as  an  inducement  for 
turning  in  the  old,  the  resulting  saving  in  expense  to  the  State 
would  be  very  large.  It  has  been  calculated  by  the  State  Comp- 
troller's office  that  if  the  existing  canal  debt  of  one  hundred  and 
eighteen  millions  were  refunded  into  serial  bonds  bearing  a  rate 
of  interest  of  4%  per  cent,  as  against  the  present  average  rate  of 
less  than  41/?  per  cent.,  the  consequent  saving  to  the  State  would 
be  no  less  than  $34,120,091.91. 

Accordingly,  in  its  submitted  amendment,  your  Committee  h as- 
proposed  that  authority  be  given  to  the  Legislature  to  provide  for 
the  exchange  of  the  outstanding  sinking  fund  bonds  into  serial 
bonds  of  the  same  final  maturity  upon  such  terms  and  conditions 
as  the  Legislature  may  authorize  subject  only  to  the  restrictions 
that  the  new  debt  shall  mature  no  later  than  the  old  and  that  the 
total  cost  of  debt  in  its  new  form  shall  not  be  larger  than  the 
cost  to  the  State  of  the  existing  debt. 

Debts  Created  in  Anticipation  of  Revenues 
Whatever  express  authority  is  granted  by  the  present  Constitu 
tion  to  the  State  government  to  borrow  for  the  purpose  of  meet 
ing  casual  deficits  in  current  revenues  or  in  anticipation  of  the 
receipt  of  taxes  is  contained  in  section  2  of  article  seventh.     The 
form  of  this  article  is,  in  the  opinion  of  your  Committee,  imper- 
fect, first,  in  that  it  limits  such  borrowing  power  to  a  million 
dollars,  and,  second,  that  it  does  not  strictly  confine  it  to  the  fore- 
going purposes.     Your  Committee  finds  that  in  1912,  the  State 
issued  $990,000  bonds  under  this  provision  for  the  purpose  of 
acquiring  the  Saratoga  reservation,  thereby  practically  exhausting 
all  of  its  emergency  borrowing  power  in  the  creation  of  a  debt  for- 
a  permanent  improvement. 


CONSTITUTIONAL  CONVENTION  323 

During  the  past  year,  owing  to  the  exhaustion  of  its  surplus 
and  the  exigencies  created  by  the  European  War,  the  State  found 
itself  obliged  to  borrow  moneys  for  the  current  expenditures  of 
the  government  in  anticipation  of  the  collection  of  its  taxes. 
Owing  to  the  fact  that  the  amount  named  in  section  2  was-  thus 
exhausted  it  was  obliged  to  fall  back  upon  its  implied  power  to 
contract  such  an  indebtedness.  Your  Committee  finds  that  con- 
siderable embarrassment  was  caused  thereby  and  that,  although 
the  Appellate  Division  of  the  Third  Department  has  sustained  the 
State's  contention  that  it  had  such  an  implied  power,  considerable 
difficulty  was  found  in  the  negotiation  of  its  securities  for  that 
purpose. 

Your  Committee  thinks  that  this  situation  should  be  put  beyond 
doubt  and  has,  therefore,  recommended  an  amendment  of  section  2 
which  limits  the  debts  to  be  contracted  thereunder  to  debts  for 
the  purposes  and  within  the  amounts  of  appropriations  already 
made,  the  additional  limitation  being  imposed  that  the  bonds  or 
other  obligations  issued  for  this  purpose  shall  be  payable  and  paid 
within  one  year  from  the  date  of  issue. 

Highway  Debt 

In  November,  1905,  the  Constitution  was  amended  by  the 
insertion  of  section  12  of  Article  VII,  which  authorized  the 
creation  of  a  debt  for  the  improvement  of  highways  and  provided 
that  the  aggregate  of  the  debt  authorized  by  this  section  should 
not,  at  any  one  time,  exceed  the  sum  of  $50,000,000.  It  also  pro- 
vided that  none  of  the  provisions  of  section  4  of  this  article 
should  apply  to  the  debts  for  the  improvement  of  highways 
thus  authorized  by  section  12.  Seven  yeans'  later,  in  1912,  an 
additional  $50,000,000  of  bonds  were  authorized  by  a  referen- 
dum under  section  4  of  Article  VII.  These  $100,000,000 
of  bonds  for  highway  improvement  have  thus  been  authorized 
under  two  different  sections  of  the  Constitution,  one  of  them  pro- 
viding for  a  referendum  to  the  people  and  the  other  authorizing 
the  issue  of  bonds  without  further  authority  from  the  people  than 
that  conferred  by  the  enactment  of  section  12.  Under  section  12 
it  would  also  seem  evident  that  the  original  debt  of  $50,000,000, 
as  fast  as  it  is  retired,  may  be  replaced  by  new  issues  of  bonds 
under  the  authority  of  the  Legislature  alone,  provided  only  that 
the  aggregate  outstanding  at  any  one  time  shall  not  exceed 
$50,000,000. 

Your  Committee  sees  no  reason  for  this  divergence  of  methods 
and  of  authority  in  the  creation  of  highway  debts.  It  believes 
that   all  future  debts  created  for  highway  construction  should 


324  JOURNAL  OF  THE 

require  the  sanction  of  the  people  of  the  State  expressed  at  a 
referendum  under  the  formalities  and  restrictions  of  section  4. 
The  proposed  amendment  which  it  submits,  therefore,  carries 
out  this  recommendation  and  repeals  the  authority  contained  in 
section  12  for  the  creation  of  any  further  highway  debts  other 
than  under  the  provisions  of  section  4. 

Ratification  of  Existing  Debts 

Fully  realizing  the  importance  that  there  should  be  no  possible 
misunderstanding  in  the  creation  of  a  new  Constitution  as  to  the 
intention  and  readiness  of  the  State  to  stand  behind  its  existing 
debts  with  the  utmost  good  faith,  your  Committee  has  inserted  in 
the  proposed  amendment  an  express  assurance  to  that  effect. 

Your  Committee  desires  to  express  its  appreciation  of  the 
assistance  it  has  derived  from  the  proposed  amendments  sub- 
mitted by  Messrs.  Parsons,  Wagner,  Blauvelt,  A.  E.  Smith, 
Austin,  R.  B.  Smith,  Lincoln,  Cullman,  Van  Ness  and  E.  N* 
Smith.  These  amendments  have  been  carefully  considered  and 
many  of  the  proposals  embodied  in  the  amendment  submitted 
herewith  by  your  Committee  have  been  suggested  in  one  or  the 
other  of  the  proposals  submitted  by  these  gentlemen. 
Respectfully  submitted  for  the  Committee, 

Henry  L.  Stimson, 

Chairman. 

Mr.  Wagner  presented  the  following  minority  report: 

I  disagree  with  the  report  of  the  Committee  on  Finance  so  far 
as  it  relates  to  the  disposition  of  the  excess  in  our  sinking  funds 
for  the  following  reasons: 

1.  It  fails  to  carry  out  the  indisputable  intent  of  the  people 
when  they  voted  the  canal  and  highway  referendums,  namely  to 
distribute  equitably  the  payment  of  the  debt  over  a  period  of 
fifty  years. 

2.  The  proposed  amendment  requires  the  future  appropriation 
from  the  general  fund  of  money  to  pay  the  interest  on  existing 
debts,  notwithstanding  the  fact  that  more  than  $25,000,000  has 
already  been  taken  improperly  from  the  general  fund  for  this 
purpose.  No  further  demands  ought  to  be  made  upon  the  general 
fund  for  sinking  fund  purposes  until  this  large  amount  improp- 
erly taken  in  excess  of  the  legal  requirement  has  been  used  for 
the  purpose  for  which  the  sinking  funds  were  created  under  the 
provisions  of  the  Constitution. 

3.  Its  adoption  would  compel  the  levy  next  year  of  an  unjust 
direct  tax  of  $11,000,000  which  ought  not  to  be  levied,  since  it 
is  conceded  by  everyone  familiar  with  our  sinking  funds  that  the 


CONSTITUTIONAL  CONVENTION  325 

excess  in  the  different  funds  can  be  used  for  the  payment  of  the 
interest  upon  the  bonds  without  in  any  way  affecting  the  security 
of  the  investment  or  in  any  way  violating  the  provisions  of  the 
Constitution.  Indeed,  the  excess  has  been  collected  unjustly  from 
the  present  taxpayer  and  we  ought  as  near  as  possible  cure  this 
injustice  by  giving  the  present  taxpayer  the  benefit  of  this  excess. 

4.  For  the  reason  that  while  the  report  favors  the  serial  bond 
method  for  future  State  debts,  the  proposal  for  the  amortization 
of  the  present  funded  debt  does  not  include  or  adopt  the  prin- 
ciple upon  which  the  serial  bond  system  is  based. 

Briefly,  the  history  of  the  principal  sinking  funds  is  as  follows : 
The  first  issue  of  bonds  for  the  barge  canal  consisted  of  $2,000,000 
3  per  cent  18-year  bonds.  By  an  adjustment  made  in  1914,  the 
sinking  fund  now  equals  the  principal  and  its  earnings  meet  the 
interest  charges  from  year  to  year.  The  next  sinking  fund  for 
barge  canal  bonds  was  created  to  provide  for  the  payment  of 
$21,000,000  of  3  per  cent  50-year  bonds  authorized  by  an  amend- 
ment to  the  Constitution  in  1905.  Instead  of  raising  a  tax  as 
provided  by  the  Constitution  to  provide  a  sinking  fund  for  the 
bonds  issued  under  this  authority,  the  Legislature  levied  a  tax  rate 
of  .481  of  a  mill  upon  the  entire  valuation  of  the  State  upon 
the  theory  that  a  sinking  fund  should  be  created  for  the  entire 
authorized  issue  of  $99,000,000  whether  the  bonds  had  been  actu- 
ally issued  or  not.  The  result  was  the  creation  of  an  unnecessary 
and  illegal  excess  in  this  sinking  fund  of  over  $16,000,000.  In 
other  words,  the  Legislature  provided  a  sinking  fund  in  the  years 
1906,  1907,  1908  and  1909  for  the  bonds  which  had  been  issued 
and  for  the  bonds  which  have  been  issued  since,  and  there  ought 
not  to  be  any  question  about  using  this  excess  for  the  purpose  for 
which  it  was  raised,  that  is,  the  contribution  to  the  sinking  fund 
for  those  bonds  which  were  subsequently  issued. 

The  next  sinking  fund  is  to  provide  for  the  retirement  of  $40,- 
000,000  4  per  cent  50-year  bonds  issued  under  the  authority  of 
another  amendment  to  the  Constitution,  which  permitted  the 
Legislature  to  increase  the  rate  of  interest.  When  the  Legis- 
lature provided  a  tax  rate  for  these  bonds,  it  reduced  it  from 
.481  of  a  mill  to  .4  of  a  mill  although  the  rate  of  interest  had 
been  increased,  thus  disclosing  and  confessing  the  error  which  had 
been  made  in  1906.  This  sinking  fund  also  contains  an  excess 
due  to  the  fact  that  after  the  tax  rate  was  fixed,  the  assessed 
valuation  of  the  State  was  greatly  increased  and  the  consequent 
contribution  to  the  sinking  fund  was  much  larger  than  was  neces- 
sary and  also  to  the  fact  that  the  earnings  of  the  sinking  fund 
were  much  larger  than  were  contemplated  when  the  tax  rate  was 
fixed. 


JOUKNAL  OF  THE 

The  other  barge  canal  sinking  fund  provides  for  the  retirement 
of  50-year  4y2  per  cent  bonds  and  this  sinking  fund  has  a  large 
excess  due  to  the  payment  into  it  of  large  amounts  received  for 
premiums  and  accrued  interest.  All  the  canal  sinking  funds  have 
received  premiums  and  accrued  interest  which  are  not  necessary 
to  meet  the  requirement  in  the  Constitution  and  which  are  en- 
tirely unnecessary  for  the  amortization  of  the  bonds. 

The  excess  in  the  highway  sinking  funds  is  due  to  the  fact  that 
the  Constitution  provided  for  the  setting  aside  of  a  proportionate 
part  of  the  debt  each  year  but  failed  to  make  use  of  the  earnings 
of  such  sinking  funds  with  the  result  that  the  earnings  of  the 
funds  have  been  placed  in  the  highway  sinking  funds  and  created 
excesses  to  that  amount. 

The  highway  sinking  funds  have  also  been  unduly  enlarged  by 
the  payment  into  them  of  the  premiums  received  on  the  sale  of 
bonds.  What  is  true  of  the  barge  canal  sinking  funds  is  also 
true  of  the  barge  canal  terminal  sinking  funds,  of  the  Cayuga  and 
Seneca  sinking  funds  and  the  Palisades  Park  sinking  funds  so 
that  the  unnecessary  amount  in  the  several  funds  as  stated  by  the 
Comptroller  in  his  report  to  this  Convention  is  as  follows: 

The  surplus  or  excess  of  available  resources  over  the  reserves 
calculated  in  accordance  with  the  method  stated  in  the  balance 
sheet,  Exhibit  A,  as  of  April  30,  1915,  was  $28,904,706.05, 
classified  as  follows : 

Canal  Debt  sinking  funds $20,671,850  68 

Highway  Debt  sinking  funds 8,136,684  81 

Palisades  Interstate  Park  Debt  sinking  funds.  .  96,170  56 

Total $28,904,706  05 


The  report  of  the  Finance  Committee  accompanying  their  pro- 
posal condemns  the  creation  of  this  large  excess  in  the  several 
sinking  funds  and  admits  that  it  was  placed  there  improperly 
and  through  an  error  in  judgment  and  not  through  any  require- 
ment of  the  Constitution.  Nevertheless,  their  proposal  does  not 
permit  the  use  of  any  of  this  excess  for  the  purpose  for  which  it 
was  created,  and  the  Committee  gives  as  its  reasons  for  not  re- 
lieving the  taxpayer  by  the  use  of  these  funds  in  excess  of  the 
requirement  that  the  purchasers  of  the  bonds  knew  of  the  exist- 
ence of  these  abnormal  sinking  funds  and  that  it  would  therefore 
be  a  violation  of  good  faith  on  the  part  of  the  State  to  use  them 
and  consequently  would  impair  the  credit  of  the  State.  The 
contention  of  the  Committee  in  this  regard  is  not  convincing 
because  the  purchasers  of  the  bonds  also  knew  what  the  consti- 


CONSTITUTIONAL  CONVENTION  327 

tutional  provisions  for  sinking  funds  were  and  purchased  the  bonds 
with  that  knowledge.  So  far  as  impairing  the  credit  of  the  State 
is  concerned,  for  two  years  in  three  different  sinking  funds  the 
State  has,  through  the  Legislature,  made  use  of  a  portion  of  this 
excess  and  there  has  been  no  impairment  of  the  credit  of  the 
State  because  the  sale  of  bonds  subsequent  to  this  action  of  the 
Legislature  produced  the  greatest  premium  that  the  State  ever 
received  and  furthermore  since  this  action  of  the  Legislature,  the 
value  of  the  State  bonds  involved  has  increased  and  not  decreased. 
The  Committee  also  leaves  open  the  question  of  the  legality  of 
using  any  part  of  the  sinking  fund.  Without  attempting  to  dis- 
cuss that  question,  the  fact  that  the  Committee  itself  proposes 
in  the  future  to  use  a  part  of  the  excess  destroys  the  force  of  that 
contention.  The  other  reason  for  not  using  any  part  of  the  ex- 
cess in  the  sinking  funds,  which  is  set  forth  by  the  Committee,  is 
that  the  highway  bonds  are  fifty-year  bonds  while  the  highway 
improvement  will  last  only  a  few  years,  and  the  Committee  con- 
tends that  for  that  reason  future  taxpayers  will  be  burdened  with 
a  tax  for  which  they  received  no  benefit  equal  to  the  tax  which 
the  present  taxpayers  have  been  obliged  to  pay  by  the  creation 
of  the  excess  in  the  sinking  funds.  This  contention  of  the  Com- 
mittee is  made  on  the  assumption  that  the  highway  improvements 
last  for  four  or  five  years  in  some  cases  and  then  are  lost  to  the 
State.  The  fact  is  that  poor  judgment  on  the  part  of  the  High- 
way Department  caused  the  construction  of  a  considerable  number 
of  State  roads  which  could  not  endure  for  more  than  six  or  seven 
years.  They  have  also  constructed  many  roads  which  ought  to 
endure  during  the  life  of  the  bond,  but  in  the  case  where  the 
improvement  is  short-lived  the  present  taxpayer  has  to  provide 
out  of  the  general  funds  of  the  State  each  year  money  to  place 
these  poor  roads  in  the  class  of  permanent  roads.  So  that  while 
these  roads  will  be  used  by  the  future  taxpayer  with  the  same 
enjoyment  and  benefit  as  if  they  were  originally  constructed  in 
permanent  form,  the  future  taxpayer  will  only  pay  his  portion 
of  the  debt. 

It  will  be  noticed  by  examining  the  Comptroller's  report  to 
this  Convention,  which  is  Document  No.  18,  that  there  is 
now  in  the  sinking  funds  a  total  of  $40,568,351.32  available, 
according  to  the  report,  for  both  interest  and  principal  of  the 
debt;  that  of  this  sum  of  $40,568,351.32  there  is  an  excess  over 
the  reserve  required  of  $28,904,706.05.  It  is  my  contention  that 
this  excess  should  be  applied  to  the  purpose  for  which  the  several 
sinking  funds  were  created,  namely,  the  payment  of  principal 
and  interest.  In  that  way  we  can  avoid  next  year  a  direct  tax 
of  over  $11,000,000.     I  particularly  urge  this  action  at  this  time, 


328  JOURNAL  OF  THE 

not  only  because  it  is  just  to  the  present  taxpayer  who  has  paid 
this  excess,  and  the  use  of  the  excess  will  not  in  any  way  affect 
the  integrity  of  the  sinking  fund  or  the  security  of  the  bond 
holder,  but  particularly  because  it  will  lift  a  burden  from  the 
shoulders  of  the  taxpayers  of  New  York  city  which  they  can 
hardly  bear  in  view  of  the  tremendous  budget,  for  local  purposes, 
of  the  city  of  New  York. 

For  the  reasons  as  stated,  I  disagree  with  the  report,  of  the 
Committee  in  that  it  did  not  make  this  additional  requirement  of 
using  the  excess  for  the  payment  of  interest  now,  but  so  far  as 
their  other  recommendations  are  concerned  I  heartily  concur  in 
their  views. 

Robert  Wagner. 

Mr.  Schurman  from  the  Committee  on  Education  reported  by 
Proposed  Amendment  entitled: 

Proposed  Constitutional  Amendment  to  amend  article  nine  of 
the  Constitution  in  relation  to  city  boards  of  education.  (Int. 
No.  704)  which  was  read  twice  and  said  committee  reported  in 
favor  of  the  passage  of  the  same. 

which  report  was  agreed  to  and  said  proposition  ordered  printed 
and  laid  upon  the  table. 

The  President  announced  the  General  Orders. 

On  motion  of  Mr.  Wickersham  the  reading  of  the  calendar  was 
dispensed  with. 

Messrs.  Deyo,  Wadsworth  and  Waterman  were  excused  from 
to-day's  session. 

On  motion  of  Mr.  Wickersham  the  Convention  adjourned. 


MONDAY,  JULY  26,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  Frederick  A.  Bower. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Friday,  July 
23d,  was  approved. 

The  President  presented  resolutions  adopted  by  the  common 
councils  of  the  cities  of  Auburn  and  Olean,  which  were  referred 
to  the  Committee  on  Cities. 

Also,  resolutions  adopted  by  the  city  officials  and  citizens  of 
the  cities  of  Fulton,  Gloversville,  Oneida  and  Johnstown,  which 
were  referred  to  the  Committee  on  Cities. 


CONSTITUTIONAL  CONVENTION  329 

The  Secretary  called  the  roll  of  committees,  whereupon  the 
chairmen  of  the  several  committees  reported  on  the  progress  of 
work  in  those  committees. 

Mr.  Clinton,  from  the  Committee  on  Canals,  to  which  was 
referred  Proposed  Amendment  introduced  by  Mr.  Austin  (No. 
368,  Int.  No.  363),  entitled  "  Proposed  constitutional  amendment 
to  amend  Section  five  of  the  Constitution,  by  abolishing  the  com- 
missioners of  the  canal  fund,  and  providing  that  the  duties  of 
said  commissioners  shall  devolve  upon  the  Comptroller,"  reported 
in  favor  of  the  passage  of  the  same,  with  the  following  amend- 
ment: 

Page  2,  line  3,  after  the  word  "  comptroller,"  insert  in  italics 
"  subject  to  the  power  of  the  Legislature  to  alter  and  regulate  the 
same." 

which  report  was  agreed  to,  and  said  proposition  ordered  reprinted 
as  amended,  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Latson,  from  the  Committee  on  Militia  and  Military 
Affairs,  to  which  was  referred  Proposed  Amendment  introduced 
by  Mr.  Latson  (No.  546,  Int.  No.  531),  entitled  "Proposed 
constitutional  amendment  to  amend  Section  four,  Article  XI  of 
the  Constitution,  in  relation  to  the  appointment  of  military 
officers  by  the  Governor,"  reported  in  favor  of  the  passage  of  the 
same,  with  the  following  amendments : 

On  line  3,  page  1,  strike  out  the  words  "  appointment  of  mili- 
tary officers  by  the  Governor  ". 

On  line  5,  page  1,  strike  out  the  words  "  the  Adjutant-General 
of  the  State,". 

On  line  6,  page  1,  after  the  words  "  military  secretary  "  insert 
the  following  words  in  italics  "  and  the  Adjutant-General  of  the 
State  ". 

which  report  was  agreed  to,  and  said  proposition  ordered  reprinted 
as  amended,  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Latson,  from  the  Committee  on  Militia  and  Military 
Affairs,  to  which  was  referred  Proposed  Amendment  introduced 
by  Mr.  Latson  (No.  549,  Int.  No.  534),  entitled  "  Proposed 
constitutional  amendment  to  amend  Section  five  of  Article  XI  of 
the  Constitution,  in  relation  to  the  manner  of  election  of  military 
officers  prescribed  by  Legislature,"  reported  in  favor  of  the  pas- 
sage of  the  same,  with  the  following  amendment : 

In  line  3,  page  1,  strike  out  the  words  "  Manner  of  election  of 
military  officers  prescribed  by  Legislature." 


330  JOURNAL  OF  THE 

which  report  was  agreed  to,  and  said  proposition  ordered  reprinted 
as  amended,  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Latson,  from  the  Committer  on  Militia  and  Military 
Affairs,  to  which  was  referred  Proposed  Amendment  introduced 
by  Mr.  Latson  (No.  547,  Int.  No.  532),  entitled  "  Proposed  con- 
stitutional amendment  to  amend  Section  one  of  Article  XI  of  the 
Constitution,  in  relation  to  the  composition  of  the  State  militia/' 
reported  in  favor  of  the  passage  of  the  same,  with  the  following 
amendment : 

On  line  3,  page  1,  strike  out  the  words  "  State  militia". 

which  report  was  agreed  to,  and  said  proposition  ordered  reprinted 
as  amended,  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Latson,  from  the  Committee  on  Militia  and  Military 
Affairs,  to  which  was  referred  Proposed  Amendment  introduced 
by  Mr.  Latson  (No.  550,  Int.  No.  535),  entitled  "Proposed  con- 
stitutional amendment  to  amend  Section  six  of  Article  XI  of  the 
Constitution,  in  relation  to  the  removal  of  commissioned  officers 
for  absence  without  leave,"  reported  in  favor  of  the  passage  of 
the  same,  with  the  following  amendment: 

On  line  3,  page  1,  strike  out  the  words  "  Commissioned  officers, 
their  removal." 

which  report  was  agreed  to,  and  said  proposition  ordered  reprinted 
as  amended,  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Schurman  moved  to  take  from  the  table  the  report  of  &Ht 
Committee  on  Education  in  favor  of  the  passage  of  Propo©t4 
Amendment  (No.  757,  Int.  No.  704)  entitled  "  Proposed  con- 
stitutional amendment  to  amend  Article  IX  of  the  Constitution, 
in  relation  to  city  boards  of  education,"  which  was  agreed  to. 

On  motion  of  Mr.  Schurman,  said  Proposed  Amendment  was 
referred  to  the  Committee  of  the  Whole. 

Mr.  Stimson  moved  to  take  from  the  table  the  report  of  the 
Committee  on  the  State  Finances,  Revenues  and  Expenditures  in 
favor  of  the  passage  of  Proposed  Amendment  (No.  758,  Int.  No. 
705)  entitled  "  Proposed  constitutional  amendment  to  amend 
Sections  two,  four,  five,  eleven  and  twelve  of  Article  VII  of  the 
Constitution,  in  relation  to  debts  contracted  by  the  State,"  which 
was  agreed  to. 


CONSTITUTIONAL  CONVENTION  331 

On  motion  of  Mr.  Stimson,  said  Proposed  Amendment  was  re- 
ferred to  the  Committee  of  the  Whole. 

Mr.  Parsons,  from  the  Committee  on  Industrial  Interests  and 
Relations,  to  which  was  referred  Proposed  Amendment  introduced 
by  Mr.  A.  E.  Smith  (No.  195,  Int.  No.  194),  entitled  "Pro- 
posed constitutional  amendment  to  amend  Article  III  of  the  Con- 
stitution by  inserting  a  new  section,  in  relation  to  delegation  of 
legislative  power  in  matters  affecting  employees,"  reported  as 
follows : 

The  Committee  on  Industrial  Interests  and  Relations  recom- 
mends the  passage  of  the  said  amendment  with  the  following 
amendments : 

Strike  out  in  line  4  the  words  "  in  its  discretion  ". 

Strike  out  in  lines  4  and  5  the  words  "  duly  constituted  "  and 
insert  in  lieu  thereof  the  words  "  State  board  or  ". 

Strike  out  in  line  5  the  words  "  board  or  administrative 
agency  ". 

Strike  out  in  line  6  the  word  "  varying  ". 

Strike  out  in  line  7  the  words  "  to  existing  conditions "  and 
insert  in  lieu  thereof  the  following  ",  according  to  varying  con- 
ditions,". 

Strike  out  in  line  8  the  words  "  comfort  "  and  "  general ". 

Strike  out  in  line  9  the  word  "  employees  "  and  insert  in  lieu 
thereof  the  words  "  any  class  or  classes  of  persons  or  the  public 
generally  ". 

which  report  was  agreed  to,  and  said  proposition  ordered  reprinted 
as  amended,  and  referred  to  the  Committee  of  the  Whole. 

The  object  of  this  Proposed  Amendment  is  to  enable  the  Legis- 
lature to  delegate  some  of  its  power. 

The  complexity  of  modern  industrial  conditions  is  such  that 
it  is  impossible  for  the  Legislature,  in  dealing  with  them,  to  have 
in  mind  their  great  variety  and  to  deal  with  each  of  them  ade- 
quately and  fairly.  This  results  in  laws  which  are  unnecessarily 
harsh  in  their  application  to  some  conditions  and  which  affect 
others  which  they  were  not  intended  to  affect. 

While  the  Legislature  may  now  authorize  the  making  of  rules 
and  regulations  and  in  that  way  delegate  some  of  its  functions,  it 
may  only  "  delegate  the  power  to  determine  some  facts  or  state 
of  things  upon  which  a  statute  makes,  or  intends  to  make,  its 
own  action  depend."  8  Cyc.  of  Law  and  Practice,  p.  830 ;  Ruling 
Case  Law,  Sec.  179. 

It  cannot  delegate  powers  which  are  "  inherently  and  ex- 
clusively legislative."     Village  of  Saratoga  Springs  v.  Saratoga 


332  JOUKNAL  OF  THE 

Gas,  Electric  Light  and  Power  Co.,  191  X.  Y.  123,  at  p.  133. 
The  result  of  this  is  that  rules  and  regulations  cannot  be  formu- 
lated to  deal  with  some  situations  as  to  which  a  board  or  commis- 
sion can,  as  a  practical  matter,  better  determine  what  should  be 
done  than  can  the  Legislature. 

For  instance,  the  Court  of  Appeals  has  held  that  it  was  a  dele- 
gation of  "  inherently  and  exclusively  legislative "  power,  and 
therefore  unconstitutional,  to  insert  in  the  one  day  of  rest  in 
seven  law  a  provision  exempting  "  employees,  if  the  Commissioner 
of  Labor  in  his  discretion  approves,  engaged  in  the  work  of  any 
industrial  or  manufacturing  process  necessarily  continuous  in 
which  no  employee  is  permitted  to  work  more  than  eight  hours  in 
any  calendar  day  ",  *  *  *  "  because  of  the  attempt  which 
the  Legislature  has  made  to  delegate  its  power  to  the  Commissioner 
of  Labor".     People  v.  KlincJc  Mfg.  Co.,  214  K  Y.,  at  p.  138. 

There  is  a  law  against  smoking  in  factories.  There  are  some 
factories,  however,  where  there  is  no  danger  from  smoking,  and 
where  it  could  reasonably  be  allowed.  It  has  been  found  im- 
practicable to  draw  a  general  statute  which  would  leave  it  to  the 
Commissioner  to  find  facts  so  as  to  allow  the  exemption.  In  such 
cases  a  board  or  commission  sitting  throughout  the  year  could  give 
fuller  hearings  than  can  the  Legislature,  and  could  more  fairly 
classify  the  exemptions. which  should  be  made. 

The  delegation  of  such  power  would  make  more  effective  the 
work  of  the  State  Industrial  Commission,  which  was  created,  as 
bad  been  the  Industrial  Board,  to  meet  the  needs  of  the  industrial 
situation. 

Both  the  representatives  of  employers  and  the  representatives 
of  employees  who  were  heard  before  your  committee  approved  such 
a  delegation  of  power. 

The  power  can  only  be  delegated  to  a  body  consisting  of  more 
than  one,  inasmuch  as  the  terms  u  board  "  and  "  commission " 
imply  more  than  one  person.     Wilson  v.  Bleloch,  125  A.  D.  191. 

The  phrase  "  rules  and  regulations "  implies  "  uniformity, 
publicity  and  the  establishment  of  standards  *  *  *.  A 
rule  must  necessarily  be  of  general  application,  and  a  regulation 
must  apply  impartially."  State  Racing  Commission  v.  Latonia 
Agricultural  Association,  123  S.  W.,  681,  685. 

This  limited  delegation  of  power  would  not  permit  favoritism 
in  individual  cases,  but  would  require  rules  for  all  similarly 
situated. 

The  words  "  supplementing  ",  "  modifying  "  and  "  adapting  " 
are  defined  to  mean  the  following : 

Supplementing.  Adding  to  anything  to  make  it  more  full  and 


CONSTITUTIONAL  CONVENTION  333 

complete.     Filling  up,  or  supplying  by  additions,  making  up  de- 
ficiencies in. 

Modifying.  Qualifying;  especially  moderating  or  reducing  in 
extent  or  degree;  altering  slightly  or  not  very  much;  varying. 

Adapting.  Making  suitable;  making  to  correspond;  suiting; 
fitting  by  altering,  modifying  or  remodeling  for  a  different  pur- 
pose ;  making  by  altering  or  fitting  something  else ;  producing  by 
changing  of  form  or  character. — (Century  Dictionary.) 

This  amendment  is  a  mere  grant  of  power  to  the  Legislature. 
The  Legislature  may  impose  such  limitations  upon  its  exercise  by 
those  to  whom  it  delegates  the  power  as  it  sees  fit,  and  would 
presumably  reserve  the  right  to  annul  at  any  time  any  action  taken 
under  such  delegation  of  power. 

Herbert  Parsons, 

Chairman, 
Committee  on  Industrial  Interests  and  Relations. 

Mr.  Parsons,  from  the  Committee  on  Industrial  Interests  and 
Relations,  to  which  was  referred  Proposed  Amendment  introduced 
by  Mr.  A.  E.  Smith  (No.  196,  Int.  No.  195),  and  Proposed 
Amendment  introduced  by  Mr.  Parsons  (No.  419,  Int.  No.  407), 
both  of  w^hich  relate  to  the  power  of  the  Legislature  to  prohibit 
manufacturing  in  dwellings,  reported  as  follows: 

The  Committee  on  Industrial  Interests  and  Relations  recom- 
mends the  passage  of  Proposed  constitutional  amendment  (No. 
419,  Int.  No.  407),  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Article  III  of  the  Constitution,  in  regard  to  the 
power  of  the  Legislature  to  prohibit  manufacturing  in  structures 
used  for  dwelling  purposes,"  without  amendment,  which  report 
was  agreed  to,  and  said  Proposed  Amendment  referred  to  the 
Committee  of  the  Whole. 

There  is  question  whether  the  police  power  of  the  State  as 
declared  by  the  courts  is  extensive  enough  to  prohibit  manu- 
facture in  dwellings.  This  is  due  to  the  decision  of  the  Court  of 
Appeals,  in  Matter  of  Jacobs,  98  N.  Y.  99,  where  an  act  which 
prohibited  the  manufacture  of  cigars  in  any  part  of  any  floor 
which  was  occupied  for  the  purposes  of  living,  sleeping,  cooking 
or  doing  any  household  work  in  a  tenement  house  was  held  un- 
constitutional and  in  which  Judge  Earl,  writing  the  opinion  of 
the  court,  said  (at  p.  113)  : 

"  To  justify  this  lawT,  it  would  not  be  sufficient  that  the    *    *    * 


334  JOURNAL  OF  THE 

manipulation  (of  tobacco)  may  be  injurious  to  those  who  are 
engaged  in  its  preparation  and  manufacture;  but  it  would  have 
to  be  injurious  to  the  public  health.  *  *  *  It  cannot  be  per- 
ceived how  the  cigarmaker  is  to  be  improved  in  his  health  or  in 
his  morals  by  forcing  him  from  his  home  with  its  hallowed 
associations  and  beneficent  influences  to  ply  his  trade  elsewhere 
*  *  *  What  possible  relation  can  cigar  making  in  any  build- 
ings have  to  the  health  of  the  general  public  ?     *    *     *  n 

Earlier  in  the  opinion  the  court  had  said  of  the  cigarmaker 
(p.  104) : 

"He  may  choose  to  do  his  work  where  he  can  have  the  super- 
vision of  his  family  and  their  help,  *  *  *.  •  He  may  desire 
the  advantage  of  cheap  production  in  consequence  of  his  cheap 
rent  and  family  help,  and  of  this  he  is  deprived." 

Even  if  it  be  argued  that  later  opinions  of  the  court  would 
justify  such  legislation,  the  power  should  not  be  left  in  doubt. 

Some  of  the  objections  to  permitting  manufacture  in  dwellings 
are  the  following: 

The  public  health  is  imperiled.  Sanitary  laws  and  regula- 
tions of  manufacture  cannot  be  enforced,  nor  can  restrictions  on 
the  hours  of  labor  of  women  and  children  be  enforced  or  their 
night  work  prevented.  Tenement  manufacture  is  a  breeder  of 
tuberculosis.  We  spend  vast  sums  of  money  to  cure  tuberculosis, 
a  large  amount  of  which  is  caused  by  manufacture  in  tenements 
which  we  do  not  prevent.  To  allow  manufacture  in  dwellings 
operates  unfairly  to  the  enlightened  manufacturer  who  prefers 
to  have  his  employees  work  in  sanitary  surroundings.  His  com- 
petitor who  has  the  work  done  in  dwellings  is  relieved  of  the 
cost  of  rent,  light  and  fuel  and  of  maintaining  sanitary  condi- 
tions, and  all  other  laws  regulating  factory  buildings.  Manu- 
facture in  dwellings  is  manufacture  at  very  low  compensation 
and  depresses  the  general  wage  scale.  It  tends  to  aggravate 
irregularity  (of  employment.  The  manufacturer  endeavors  to 
keep  a  supply  of  capable  employees  for  his  factory.  This  is  un- 
necessary if  he  is  contracting  out  his  work  to  be  performed  in 
dwellings.  One  of  the  worst  results  of  manufacture  in  dwellings 
is  the  use  of  the  labor  of  children.  Very  young  children  can  be 
and  are  employed.  Their  employment  cannot  be  prevented  be- 
cause it  would  require  an  army  of  inspectors  to  prevent  it.  As 
soon  as  an  inspector  enters  the  ground  floor  of  a  tenement  the 
children  on  the  other  floors  can  be  dismissed  from  their  work, 
and  the  inspector  finds  nothing.  It  also  leads  to  lack  of  school 
attendance. 

There  is,  of  course,  a  great  deal  of  work  done  in  dwellings 


CONSTITUTIONAL  CONVENTION  335 

which  is  not  at  all  objectionable.  It  will  be  for  the  Legislature 
to  so  legislate  under  the  power  which  this  amendment  gives  that 
such  work  will  not  be  interfered  with. 

Herbert  Parsons, 

Chairman, 
Committee  on  Industrial  Interests  and  Relations. 

Mr.  Hinman  moved  to  take  from  the  table  the  report  of  the 
Committee  on  Suffrage  on  Proposed  Amendment  (Int.  No.  703) 
entitled  "  Proposed  constitutional  amendment  to  amend  Section 
three  of  Article  XIV  of  the  Constitution,  by  making  provision 
with  respect  to  amendments  coincidently  submitted  by  a  Conven- 
tion and  the  Legislature,"  which  was  agreed  to. 

On  motion  of  Mr.  Hinman,  said  report  was  referred  to  the 
Committee  on  Future  Amendments  and  Revisions  of  the  Consti- 
tution. 

The  President  announced  the  General  Orders. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  General  Orders,  being  the 
Proposed  Amendments  entitled  as  follows: 

"  Proposed  constitutional  amendment  to  amend  Section  eigh- 
teen, Article  III  of  the  Constitution,  in  relation  to  limitations  of 
the  power  of  the  Legislature  to  pass  private  or  local  bills,  by  pro- 
hibiting private  claim  bills."     (No.  738,  Int.  No.  214.) 

"  Proposed  constitutional  amendment  to  amend  Section  nine- 
teen of  Article  III  of  the  Constitution,  in  relation  to  the  passage 
of  private  claim  bills."     (No.  732,  Int.  No.  550.) 

"  Proposed  constitutional  amendment  to  amend  Section  eigh- 
teen of  Article  III  of  the  Constitution."  (No.  759,  Int.  No. 
624.) 

After  some  time  spent  therein,  the  President  resumed  the  Chair 
and  Mr.  A.  E.  Smith,  from  said  committee,  recommended  that 
said  Proposed  Amendments  be  placed  at  the  foot  of  the  Calendar, 
which  report  was  agreed  to,  and  said  Proposed  Amendments 
were  ordered  placed  at  the  foot  of  the  Calendar. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 


336  JOURNAL  OF  THE 

and  proceeded  to  the  consideration  of  General  Orders,  being  the 
Proposed  Amendment  entitled  as  follows: 

"Proposed  constitutional  amendment  to  amend  Article  II  of 
the  Constitution,  by  adding  thereto  a  new  section  in  relation  to 
absentee  registration  by  federal  employees,  commercial  travelers, 
or  those  regularly  employed  on  railroad  trains."  (No.  742,  Int. 
ISTos.  42,  91,  127,  247,  285.) 

After  some  time  spent  therein,  the  President  resumed  the  Chair, 
and  Mr.  A.  E.  Smith,  from  said  committee,  reported  progress 
and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

Mr.  Mulry  was  excused  from  the  session  of  Tuesday  next. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


TUESDAY,  JULY  27,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  D.  J.  Many,  Jr.,  Rensselaer. 

On  motion  of  Mr.  Wickersham  the  journal  of  Saturday,  July 
24th,  was  approved. 

The  President  presented  the  resolutions  adopted  by  a  conference 
of  the  civil  organizations  and  citizens  of  Binghamton  which  were 
referred  to  the  Committee  on  Cities. 

The  President  presented  the  response  of  the  commissioner  of 
records  of  the  county  of  Kings,  in  response  to  a  resolution  of 
the  Convention,  which  was  referred  to  the  Committee  on  County, 
Town  and  Village  Government. 

Mr.  Franchot  offered  for  the  consideration  of  the  Convention, 
a  resolution  in  the  words  following: 

Resolved,  That  the  Committee  on  Industrial  Interests  and  Re- 
lations be  discharged  from  the  further  consideration  of  proposed 
amendment  (No.  725,  Int.  No.  131),  entitled  "  Proposed  constitu- 
tional amendment  to  amend  article  five  of  the  Constitution,  by 
striking  therefrom  the  provisions  of  section  eight  of  said  article. 


CONSTITUTIONAL  CONVENTION  337 

prohibiting  the  creation  of  offices  for  the  weighing,  gauging,  meas- 
uring, culling  or  inspecting  any  merchandise,  produce,  manufac- 
ture or  commodity  whatever, 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Franchot  the  same  was  amended  as  follows: 

Page  1,  line  1,  strike  out  the  word  "  Article  "  and  insert  "  Sec- 
tion eight  of  Article  ",  and  strike  out  the  words  "  by  striking  " 
and  all  of  line  2  and  insert  "  to  read  ". 

Line  4,  strike  out  the  bracket  before  the  section  mark  and 
place  brackets  about  the  word  "  All  "  and  insert  in  italics  "  No  ". 

Line  6,  place  bracket  before  the  comma  following  the  word 
"  whatever  "  and  another  after  the  word  "  office  ". 

Line  8,  place  brackets  about  the  word  "  abrogate  "  and  insert 
in  italics    thereafter  "  prevent  the  creation  of  ". 

Page  2,  line  1,  after  the  word  "  health  "  insert  in  italics  "  the 
non-compulsory  inspection  and  grading  of  food  products  ". 

Line  3,  place  a  bracket  before  the  comma  following  the  word 
"  measures  ". 

Line  4,  insert  a  bracket  before  the  period,  and  strike  out  the 
bracket  which  follows  the  period. 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

The  President  announced  the  General  Orders. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole, 
and  proceeded  to  the  consideration  of  General  Orders,  being  the 
Proposed  Amendment,  entitled  as  follows: 

"Proposed  constitutional  amendment,  to  amend  Section  1  of 
Article  XIII  of  the  Constitution,  relating  to  the  official  oath  " 
(No.  88,  Int.  No.  88). 

After  some  time  spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Deyo  from  said  committee  recommended  that  the 
enacting  clause  of  said  Proposed  Amendment  be  stricken  out, 
which  report  was  agreed  to  and  the  enacting  clause  of  said  Pro- 
posed Amendment  stricken  out. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole, 
and  proceeded  to  the  consideration  of  General  Orders,  being  the 
Proposed  Amendments,  entitled  as  follows: 

"  Proposed  constitutional  amendment,  to  amend  the  Constitu- 
tion by  inserting  a  new  article,  in  relation  to  taxation  "  (No.  756, 
Int.  No.  679). 


338  JOURNAL  OF  THE 

"  Proposed  constitutional  amendment  to  amend  Section  1  of 
Article  IX  of  the  Constitution,  in  relation  to  the  supervision 
and  control  by  the  state  of  the  education  of  children  "  (No.  749, 
Int.  No.  698). 

After  some  time  spent  therein,  the  President  resumed  the  chair, 
and  Mr.  Deyo  from  said  committee  reported  progress  and  asked 
leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


WEDNESDAY,  JULY  28,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  Chair. 

Prayer  by  Rev.  Frank  F.  Blessing. 

On  motion  of  Mr.  Wickersham,  the  Journal  of  Monday,  July 
26  th  was  approved. 

The  President  presented  the  communication  of  the  mayor  of 
the  city  of  Jamestown,  which  was  referred  to  the  Committee  on 
Cities. 

Also,  the  resolutions  adopted  by  the  common  councils  of  the 
cities  of  Lackawanna,  Ithaca  and  Niagara  Falls,  which  were  re- 
ferred to  the  Committee  on  Cities. 

Also,  the  resolutions  adopted  by  the  chamber  of  commerce  of 
the  cities  of  Syracuse  and  Rome,  which  were  referred  to  the  Com- 
mittee on  Cities. 

Also,  the  resolutions  of  the  city  boards  of  the  city  of  Little 
Falls,  which  were  referred  to  the  Committee  on  Cities. 

Mr.  Cole  presented  the  memorial  of  the  Religious  Society  of 
Friends,  in  relation  to  Capital  Punishment,  which  was  referred 
to  the  Committee  on  Bill  of  Rights. 

Also,  the  memorial  of  the  Religious  Society  of  Friends,  in 
relation  to  Military  Service,  which  was  referred  to  the  Committee 
on  Militia  and  Military  Affairs. 

Mr.  Hale,  from  the  Committee  on  Public  Utilities,  submitted 
the  following  report: 

First:     Proposed  Amendment  introduced  by  Mr.  Foley  (No. 


CONSTITUTIONAL  CONVENTION  339 

715,  Int.  No.  98),  entitled  "  Proposed  constitutional  amendment, 
to  amend  article  V  of  the  Constitution,  by  adding  a  new  section 
thereto  in  relation  to  public  service  commissions  for  the  first  and 
second  districts;'' 

Second:  Proposed  Amendment  introduced  by  Mr.  Schurman 
(No.  161, Int.  No.  161), entitled  "  Proposed  constitutional  amend- 
ment, to  amend  Article  V  of  the  Constitution  by  adding  a  new 
section  thereto  in  relation  to  public  service  commissions;" 

Third:  Proposed  Amendment  introduced  by  Mr.  Olcott  (No. 
718,  Int.  No.  249),  entitled  "  Proposed  constitutional  amend- 
ment, to  amend  the  Constitution  by  adding  a  new  article  creating 
public  utilities  commissions  and  prescribing  their  jurisdiction, 
powers  and  duties;" 

Fourth :  Proposed  Amendment  introduced  by  Mr.  Coles  (No. 
494,  Int.  No.  482),  entitled  "  Proposed  constitutional  amend- 
ment, to  amend  Article  V  of  the  Constitution  by  adding  a  new 
section  thereto  in  relation  to  public  service  commissions;" 

Fifth :  Proposed  i^mendment  introduced  by  Mr.  Hinman  (No. 
655,  Int.  No.  639),  entitled  "  Proposed  constitutional  amend- 
ment, to  amend  the  Constitution  by  adding  a  new  article  creating 
public  service  commissions  and  prescribing  their  jurisdiction, 
powers  and  duties;"  and 

Sixth:  Proposed  Amendment  introduced  by  Mr.  Landreth 
(No.  708,  Int.  No.  688),  entitled  "  Proposed  constitutional 
amendment,  to  amend  iVrticle  V  of  the  Constitution  in  relation 
to  the  public  service  commission,  its  powers  and  duties;" 

Reported  by  Proposed  Amendment,  entitled  "  Proposed  consti- 
tutional amendment,  to  amend  Article  V  of  the  Constitution  by 
adding  a  new  section  thereto  relating  to  public  service  commis- 
sions "  (Int.  No.  706),  which  was  read  twice,  and  said  com- 
mittee reported  in  favor  of  the  passage  of  said  proposed  amend- 
ment, which  report  was  agreed  to  and  said  proposition  ordered 
printed  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Kirby  presented  the  following  minority  report: 

To  the  Convention: 

The  undersigned  hereby  dissents  from  the  report  of  the  Com- 
mittee on  Public  Utilities,  relative  to  the  office  of  Public  Service 
Commissioners,  and  gives  the  following  reasons  therefor : 

First:  That  the  continuation  in  office  of  the  commissioners  in 
the  Second  District  at  the  present  salary  of  $15,000  each,  and  at 
a  greater  salary  than  judges  of  the  Court  of  Appeals  and  justices 


340  JOURNAL  OF  THE 

of  the  Supreme  Court,  except  in  the  first  department,  should  not 
be  tolerated. 

Second:  That  the  proposal  of  the  committee  does  not  prevent 
the  Legislature  from  further  raising  the  compensation  of  the 
commissioners. 

Third:  That  the  right  to  review,  and  the  extent  and  manner 
thereof,  of  the  decisions  and  orders  of  the  commission  should  not 
be  left  to  the  Legislature  but  should  be  fixed  by  the  Convention. 

Thomas   A.   Kieby. 

Mr.  S.  K.  Phillips,  from  the  Committee  on  Contingent  Ex- 
penses, to  which  was  referred  the  resolution  relative  to  the  placing 
upon  the  desks  of  the  members  daily  separate  files  containing 
amendments  on  third  reading  or  general  orders  upon  the  cal- 
endar, introduced  by  Mr.  Austin  July  20,  1915,  reported  in  favor 
of  the  adoption  of  the  same  with  the  following  amendments : 

Resolved,  That  the  Secretary  of  the  Convention  be  instructed 
to  place  upon  the  desks  of  the  members  daily,  an  additional  copy  of 
each  amendment  which  is  upon  the  third  reading  or  general 
orders  calendars,  such  copies  to  be  arranged  in  the  order  of  their 
appearance  thereon. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution  and  it  was  determined  in  the 
aflirmative. 

Mr.  Cullinan  offered,  for  the  consideration  of  the  Convention, 
a  resolution  in  the  words  following: 

Resolved,  That  the  Committee  of  the  Whole  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  742, 
Int.  Nos.  42,  91,  127,  247,  285),  entitled  "  Proposed  constitu- 
tional amendment,  to  amend  Article  II  of  the  Constitution,  by 
adding  thereto  a  new  section,  in  relation  to  absentee  registration 
by  federal  employees,  commercial  travelers,  or  those  regularly 
employed  on  railroad  trains," 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr.  Cul- 
linan the  same  was  recommitted  to  the  Committee  on  Suffrage. 

Mr.  Mereness,  from  the  Committee  on  County,  Town  and  Vil- 
lage Officers,  to  which  was  referred  proposed  .amendment,  in- 
troduced by  Mr.  Kirby  (No.  57,  Int.  No.  57),  entitled  "  Pro- 
posed constitutional  amendment,  to  amend  Section  1,  Article  X, 


CONSTITUTIONAL  CONVENTION  341 

of  the  Constitution,"  reported  in  favor  of  the  passage  of  the  same, 
without  amendment,  by  a  vote  of  10  ayes  and  5  nays,  which  report 
was  agreed  to  and  said  proposition  referred  to  the  Committee  of 
the  Whole. 

Mr.  Clearwater,  from  the  Committee  on  State  Prisons,  Ee- 
formatories,  Penal  Institutions  and  the  Prevention  and  Punish- 
ment of  Crime  (No.  477,  Int.  No.  465),  entitled  "  Proposed 
constitutional  amendment,  to  amend  Section  29  of  Article  III 
of  the  Constitution,  in  relation  to  prison  labor,  reported  in  favor 
of  the  passage  of  the  same,  with  the  following  amendment: 

Page  2,  line  7,  insert  in  italics  "  situate  within  one  mile  from 
any  State  Prison,"  also  strike  out  the  period  in  the  same  line 
following  the  word  "  class  "  and  insert  "  comma." 

which  report  was  agreed  to,  and  said  proposition  ordered  re- 
printed as  amended,  and  referred  to  the  Committee  of  the  Whole. 

The  President  announced  the  General  Orders. 

On  motion  of  Mr.  Wickersham,  the  reading  of  the  calendar  was 
dispensed  with. 

Mr.  Potter  was  excused  for  the  week  on  account  of  illness. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


THURSDAY,  JULY  29,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President  in 
the  chair. 

Prayer  by  Eev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Tuesday,  July 
27th,  was  approved. 

The  President  presented  resolutions  adopted  by  the  common 
council  of  the  city  of  Yonkers,  which  were  referred  to  the  Coa»- 
mittee  on  Cities. 

Also,  the  resolutions  adopted  by  the  city  officials  and  citizens 
of  the  city  of  Pome,  which  were  referred  to  the  Committee  on 
Cities. 


342  JOURNAL  OF  THE 

The  President  presented  a  letter  from  Hon.  J.  W.  Wadsworth, 
Jr.,  which  was  referred  to  the  Committee  on  Legislature,  Its 
Organization,  etc.,  with  a  copy  to  the  Committee  on  Governor 
and  Other  State  Officers  with  authority  to  report  such  opinion 
thereon  as  it  may  deem  advisable. 

Mr.  Fogarty  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Industrial  Interests  and 
Relations  be  discharged  from  the  further  consideration  of  pro- 
posed amendment  (No.  500,  Int.  No.  488)  entitled  "  Proposed 
constitutional  amendment  to  amend  Article  V  of  the  Constitution 
by  inserting  a  section,  in  relation  to  loss  and  damage  by  ex- 
plosion of  pressure  carrying  vessels." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Fogarty,  the  same  was  amended  as  follows: 

Strike  out  all  after  the  enacting  clause  and  insert :  "  Article 
III  of  the  Constitution  is  hereby  amended  by  inserting  therein 
a  new  section,  to  be  appropriately  numbered,  to  read  as  follows: 

§  —  "  The  Legislature  shall,  by  general  laws  of  uniform  appli- 
cation throughout  the  State,  provide  for  the  licensing  and  in- 
spection of  steam  boilers  and  of  all  vessels  subject  to  gaseous  pres- 
sure and  prescribe  standards  for  the  manufacture  thereof." 

Amend  the  title  to  read  as  follows: 

"  Proposed  constitutional  amendment  to  amend  Article  III  of 
the  Constitution,  in  relation  to  legislation  for  the  licensing  and 
inspection  of  boilers  and  for  prescribing  standards  of  construc- 
tion." 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

Mr.  Stimson  moved  that  General  Order  No.  35,  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Sections  two,  four,  five, 
eleven  and  twelve  of  Article  VII  of  the  Constitution,  in  relation 
to  debts  contracted  by  the  State,"  be  made  a  special  order  for 
Thursday  next. 

On  motion  of  Mr.  Wickersham,  said  motion  was  referred  to 
the  Committee  on  Rules. 

Mr.  Hinman  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  words  following: 


.CONSTITUTIONAL  CONVENTION"  343 

Resolved,  That  Joseph  V.  Allen,  heretofore  appointed  page 
and  for  some  time  past  acting  chief  of  pages,  be  and  hereby 
is  appointed  chief  of  pages  at  a  compensation  of  five  dollars  a 
day,  said  appointment  to  date  from  July  first. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  Barnes  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Legislative  Powers  be  dis- 
charged from  the  further  consideration  of  proposed  amendment 
(No.  737,  Int.  No.  696)  entitled  "  Proposed  constitutional  amend- 
ment to  amend,  generally,  Article  III  of  the  Constitution,  follow- 
ing Section  nine  of  such  article." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  on  motion  of  Mr. 
Barnes,  the  same  was  amended  as  follows : 

Page  3,  line  17,  after  the  word  "  appropriate"  insert  a  bracket. 

Page  3,  line  18,  after  the  words  "  tion  of  "  at  the  beginning 
of  the  sentence,  insert  a  bracket ;  also  after  the  word  "accounts  " 
insert  "against  the  state  ". 

Page  4,  line  7,  after  the  word  "  before  "  strike  out  the  words 
11  October  first  of  the "  and  insert  "April  first  of  the  second 
calendar". 

Page  6,  line  4,  after  the  word  "  supervisors  "  insert  in  italics 
the  following:  "  or  other  governing  body". 

Page  6,  line  13,  before  the  word  "  sovereignty "  insert  the 
words  "welfare  and";  also  before  the  word  "state"  insert  the 
words  "  people  of  the  ". 

Page  6,  line  16,  strike  out  after  "  25."  balance  of  line  and  all 
of  lines  17  to  21  inclusive,  and  insert  in  place  thereof  the  follow- 
ing: 

"  [The  Legislature  shall  not  nor  shall  the  common  council  of  any 
city  nor  board  of  supervisors  grant  any  extra  compensation  to 
any  public  officer,  servant,  agent  or  contractor.]  No  extra  com- 
pensation shall  be  granted  or  allowed  to  any  public  officer,  servant, 
agent  or  contractor,  by  the  State  or  any  civil  division  thereof  or 
by  any  board,  officer,  or  other  agency  of  the  State,  or  of  any  such 
civil  division." 

Page  7,  line  15,  after  the  word  "legislature"  strike  out  the 
word  "may " ;  also  before  the  word  "  convene  "  insert  the  word 
"may". 


344  JOURNAL  OF  THE 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

Mr.  Clearwater,  from  the  Committee  on  State  Prisons,  Re- 
formatories, Penal  Institutions  and  the  Prevention  and  Punish- 
ment of  Crime,  to  which  was  referred  proposed  amendment  intro- 
duced by  Mr.  Marshall  (No.  272,  Int.  No.  269),  entitled  "  Pro- 
posed constitutional  amendment  to  repeal  Section  five  of  Article 
IV  of  the  Constitution,  relating  to  the  pardoning  power  of  the 
Governor,  and  to  amend  Sections  eleven  and  twelve  of  Article 
VIII  of  the  Constitution  so  as  to  provide  for  the  creation  of  a 
State  board  of  pardons  and  the  transfer  to  it  of  the  pardoning 
power  now  vested  in  the  Governor,"  reported  in  favor  of  the 
passage  of  the  same  with  the  following  amendments: 

Page  2,  line  9,  after  the  word  "  debtors  "  insert  semicolon. 

Page  2,  line  10,  after  the  word  "  pardons  "  insert  in  italics 
comma  "  to  consist  of  three  members  "  comma. 

Page  2,  line  15,  after  the  word  "  proper  "  strike  out  the  words 
"  subject  to  the  approval  of  the  Governor". 

Page  2,  line  16,  after  the  word  "  treason  "  strike  out  the  word 
"  it "  and  insert  in  italics  in  place  thereof  the  words  "  such 
Board  of  Pardons  ". 

Page  2,  line  20,  after  the  words  "  to  the  "  strike  out  the  words 
"  Governor  and  the  ". 

which  report  was  agreed  to,  and  said  proposition  ordered  re- 
printed as  amended,  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Clearwater,  from  the  Committee  on  State  Prisons,  Re- 
formatories, Penal  Institutions  and  the  Prevention  and  Punish- 
ment of  Crime,  to  which  was  referred  proposed  amendment  intro- 
duced by  Mr.  Clearwater  (No.  580,  Int.  No.  565),  entitled  "Pro- 
posed constitutional  amendment  to  amend  Section  eleven  of 
Article  VIII  of  the  Constitution  of  the  State  of  New  York,  in 
relation  to  the  State  Probation  Commission,"  reported  in  favor 
of  the  passage  of  the  same,  without  amendment,  which  report  was 
agreed  to,  and  said  proposition  referred  to  the  Committee  of  the 
Whole. 

Mr.  Brenner,  from  the  Committee  on  Corporations,  to  which 
have  been  referred  proposed  amendments: 

Pr.  No.  122,  Int.  No.  122,  proposed  by  Mr.  Marshall. 
Pr.  No.  143,  Int.  No.  143,  proposed  by  Mr.  Doughty. 


CONSTITUTIONAL  CONVENTION  345 

Pr.  No.  180,  Int.  No.  180,  proposed  by  Mr.  L.  M.  Martin. 

Pr.  No.  341,  Int.  No.  337,  proposed  by  Mr.  Bayes. 

Pr.  No.  395,  Int.  No.  388,  proposed  by  Mr.  Deyo. 

Pr.  No.  504,  Int.  No.  492,  proposed  by  Mr.  Sargent  (for 
opinion). 

Pr.  No.  516,  Int.  No.  504,  proposed  by  Mr.  Sbipman. 

Pr.  No.  623,  Int.  No.  608,  proposed  by  Mr.  Lincoln  (for 
opinion) . 

Pr.  No.  664,  Int.  No.  648,  proposed  by  Mr.  E.  N.  Smith. 

Pr.  No.  623-685,  Int.  No.  608,  proposed  by  Mr.  Lincoln  (for 
opinion) . 

After  numerous  and  extended  bearings  given  to  all  desirous 
of  being  heard  on  the  proposed  amendments  referred  to  the  com- 
mittee, and  after  fully  and  carefully  considering  the  arguments 
and  communications  received  in  favor  of  and  against  the  same, 
the  Committee  on  Corporations  begs  leave  to  report  that  in  its 
judgment  no  amendment  should  be  made  to  the  provisions  of 
the  existing  Constitution  relating  to  the  subject  of  corporations. 

Jacob  Bkennee, 

Chairman. 

which  report  was  agreed  to. 

Mr.  Alan  C.  Eobes,  from  the  Committee  on  Banking  and  Insur- 
ance, to  which  have  been  referred: 

Proposed  Amendments  Nos.  (Pr.  No.  486,  Int.  No.  474),  Mr. 
Leggett  (Pr.  No.  595,  Int.  No.  580),  Mr.  K.  B.  Smith  (for 
opinion),  (Pr.  No.  596,  Int.  No.  581)  Mr.  K.  B.  Smith  (for 
opinion),  relating  to  the  subject  of  banking  and  insurance,  re- 
spectfully report  that  they  have  fully  considered  said  propositions, 
and  that  in  the  judgment  of  the  committee  no  amendment  should 
be  made  to  provisions  of  the  existing  Constitution  relating  to  that 
subject. 

The  Committee  on  Banking  and  Insurance  has  examined  the 
General  Laws  of  the  State  relative  to  these  subjects.  It  has 
heard  in  Committee  representatives  of  the  Banking  and  Insur- 
ance interests,  and  others  who  have  desired  a  hearing,  and  has 
considered  all  proposals  suggested,  whether  formally  or  infor- 
mally. 

Having  completed  its  work  your  Committee  begs  leave  to  re- 
port that  in  its  opinion  the  laws  governing  banking  and  insurance 


346  JOUKNAL  OF  THE 

are  working  well  and  giving  general  satisfaction.  That  any  modi- 
fication of  these  laws  that  changed  conditions  may  from  time 
to  time  require,  may  properly  become  the  subject  of  Legislative 
consideration  and  action,  and  that  no  change  in  the  Constitution 
relative  to  the  subjects  of  banking  and  insurance  are  necessary 
or  desirable. 

Alan  C.  Fobes, 

Chairman, 

Mr.  Leggett  presented  the  following  minority  report  in  relation 
to  u  Proposed  constitutional  amendment  to  amend  Article  III  of 
the  Constitution  by  inserting  a  new  section,  in  relation  to  delega- 
tion of  legislative  power  in  matters  affecting  employees  "  (No. 
765,  Int.  No.  194) : 

The  minority  of  the  committee  opposes  the  adoption  of  this  pro- 
posal for  the  following  reasons : 

That  no  instances  were  quoted  to  the  committee  calling  for 
additional  power  in  the  Legislature  to  remedy  the  evils  sought  to 
be  cured. 

That  the  wording  of  the  proposal  is  so  broad  as  to  easily  make 
possible  the  adoption  by  executive  boards  of  rules  and  regulations 
that  would  cover  ground  not  contemplated  by  the  Legislature. 

This  would  at  the  best  constitute  the  board  a  Legislature  without 
the  safeguards  of  a  Legislature  and  without  its  responsibility  to 
the  people,  and  at  the  worst,  it  would  go  so  far  as  practically  to 
defeat  the  will  of  the  Legislature. 

J.  C.  Leggett. 

Mr.  Leggett  presented  the  following  minority  report  in  relation 
to  il  Proposed  constitutional  amendment  to  amend  Article  III  of 
the  Constitution,  in  regard  to  the  power  of  the  Legislature  to  pro- 
hibit manufacturing  in  structures  used  for  dwelling  purposes  " 
(No.  419,  Int.  No.  407) : 

The  minority  of  the  committee  respectfully  opposes  the  adoption 
of  this  proposal  for  the  following  reasons: 

That  the  right  of  the  individual  to  earn  his  own  living  and  that 
of  his  family  by  the  labor  of  his  own  hands  in  his  own  home 


CONSTITUTIONAL  CONVENTION  347 

through  the  pursuit  of  a  lawful  and  innocent  occupation  should 
never  be  at  the  risk  of  the  tyranny,  caprice  or  mistake  of  the  Legis- 
lature. 

That  this  is  a  right  which  has  existed  from  time  immemorial 
and  which  the  State  should  not  be  permitted  to  take  away. 

Men  have  organized  rebellions  and  suffered  death  for  less  cause 
than  would  be  possible  under  this  proposal. 

J.  C.  Leggett. 


Mr.  Lindsay,  from  the  Committee  on  Relations  to  the  Indians, 
to  which  have  been  referred  several  proposed  amendments  relating 
to  abolishing  of  Indian  courts  and  extending  the  laws  of  the  State 
of  New  York  to  the  Indians,  reports  by  proposed  constitutional 
amendment  entitled  "  Proposed  constitutional  amendment  to 
amend  Section  fifteen  of  Article  I  of  the  Constitution  of  the  State 
of  New  York,  in  relation  to  Indians"  (Int.  No.  707),  which  was 
read  twice  and  said  committee  reports  in  favor  of  the  passage  of 
the  same,  which  report  was  agreed  to,  and  said  proposed  amend- 
ment ordered  printed  and  referred  to  the  Committee  of  the  Whole. 

The  following  reasons,  among  others,  are  presented  in  support 
of  said  report: 

Your  Committee  is  convinced  that  the  time  has  come  when  the 
Indians  of  the  State  of  New  York  should  be  treated  as  civilized 
persons,  and  not  as  barbarians.  The  theory  of  the  State  and 
Federal  Government  for  more  than  a  century  has  been  to  treat 
them  as  dependents,  in  a  state  of  tutelage,  with  the  ultimate  end 
in  view  of  full  citizenship.  Although  this  policy  has  been  pursued 
through  four  generations,  our  method  of  governing  these  people, 
our  attitude  toward  them,  and  their  knowledge  of  our  laws  remain 
practically  as  they  were  a  half  century  ago. 

During  that  period  the  American  Negro,  at  the  beginning  of 
the  period  fully  as  incapable  of  self-government  as  the  Indian,  has 
passed  from  slavery  and  dense  ignorance  to  good  citizenship  and 
comparative  intellectuality.  Indeed,  when  the  American  Indian 
in  this  State  was  an  intelligent,  independent,  and,  in  a  measure, 
self-governing  individual,  the  American  Negro  was  much  lower  in 


348  JOURNAL  OF  THE 

the  scale  of  civilization,  and  was  a  slave.  The  reason  for  the 
progress  of  the  Negro,  and  the  stagnant  condition  of  the  Indian 
is  not  hard  to  find.  One  associated  with  the  white  man,  was  gov- 
erned by  his  laws,  later  had  the  benefit  of  these  laws  conferred 
upon  him,  and  was  compelled  to  know  and  obey  them ;  the  other, 
treated  as  a  child,  left  to  his  own  devices  and  government,  in  doubt 
as  to  his  allegiance  and  rights  under  our  laws,  has  drifted  along 
without  an  object  and  without  hope  as  to  his  future.  Ultimate 
citizenship  has  been  the  cry  of  presidents  and  governors  in  their 
recommendations,  of  commissioners  of  the  Federal  Government 
and  of  this  State,  for  nearly  a  century ;  while  the  method  of  gov- 
ernment of  the  Indians  in  New  York  during  all  that  time  has 
tended  in  exactly  the  opposite  direction. 

In  1888,  the  Legislature  of  this  State  appointed  a  commission, 
of  which  Mr.  Whipple  of  this  Committee  was  Chairman,  to  in- 
vestigate and  report  on  almost  every  phase  of  the  State  Indian 
problem.  This  Commission  performed  its  duties  with  thorough- 
ness, and  made  a  report  in  January,  1889,  covering  in  detail  and 
with  the  greatest  fullness  and  accuracy,  all  questions  relating  to 
the  lands,  moral  and  social  condition,  government  and  needs  of 
the  Indians,  and  collecting  in  the  report  the  treaties,  laws  and 
contracts  which  relate  thereto.  This  report,  commonly  known  as 
the  Whipple  report,  among  other  things,  made  the  following  rec- 
ommendation : 

(4)  "  The  repeal  of  all  existing  laws  relating  to  the  Indians 
of  the  State,  excepting  those  prohibiting  the  sale  of  liquors  to 
them  and  intrusion  upon  their  lands,  the  extension  of  the  laws  of 
the  State  over  them,  and  their  absorption  into  citizenship." 

Practically  nothing  has  been  done  by  the  Legislature  in  pur- 
suance of  such  recommendation. 

In  1905,  the  Legislature  appointed  another  Committee  to  in- 
quire and  report  upon  the  powers  of  the  State  to  legislate  for  the 
Indians,  and  what,  if  any,  additional  legislation  was  needed.  This 
Committee,  for  which  Mr.  Eay  B.  Smith  of  this  Convention  was 
counsel,  took  evidence  upon  the  various  reservations  and  else- 
where, and  in  1906  made  its  report.  Both  the  Whipple  Com- 
mission and  this  Committee  strongly  condemned  the  Indian  courts, 
the  law  conferring  upon  the  peacemakers  of  the  Seneca  Indians 
on  the  Allegheny  and  Cattaraugus  reservations  exclusive  power 


CONSTITUTIONAL  CONVENTION  349 

over  marriage  and  divorce,  and  the  unsettled  condition  of  the  In- 
dian with  reference  to  our  laws  and  the  jurisdiction  of  our  courts. 
Still  nothing  has  been  done. 

Our  present  Indian  laws  are  substantially  as  they  were  enacted 
from  1813  to  1849,  except  that  the  exclusive  power  over  marriage 
and  divorce  was  conferred  on  the  peacemakers'  courts  of  the  Al- 
legheny and  Cattaraugus  reservations  by  Chapter  374,  Laws  of 
1859.  Very  few  of  these  laws  are  of  a  general  nature  applying  to 
all  Indians  within  the  State.  The  Indians  on  the  Tonawanda, 
Allegheny  and  Cattaraugus  reservations  have  peacemakers'  courts ; 
the  two  last  named  have  Surrogates'  Courts,  and  the  Tonawandas 
have  not;  the  peacemakers'  courts  of  the  Allegheny  and  Catta- 
raugus reservations  have  exclusive  jurisdiction  over  marriage  and 
divorce,  and  the  Tonawandas  have  not.  The  Tuscaroras,  Onon- 
dagas,  St.  Eegis,  and  Shinnecocks  have  no  courts  of  any  kind.  The 
power  to  contract  is  conferred  upon  all  Indians,  and  then  nullified 
in  the  same  section  by  a  provision  forbidding  any  person  to  sue 
an  Indian  of  the  Tonawanda  or  Seneca  nation  or  Onondaga  tribe 
upon  any  contract  under  heavy  penalties,  leaving  the  St.  Regis, 
Tuscarora,  Oneida  and  Shinnecock  Indians  open  to  such  suits. 
The  statute  extends  the  State  laws  as  to  marriage  and  divorce  to 
all  Indians,  and  in  the  same  section  excepts  those  on  the  Allegheny 
and  Cattaraugus  reservations.  This  report  cannot  be  extended 
to  indicate  all  these  anomalies  and  contradictions  in  our  present 
Indian  law. 

At  the  present  time  in  the  great  State  of  New  York,  on  the  Al- 
legheny and  Cattaraugus  reservations,  two  ignorant  Indians, 
called  peacemakers,  may  at  the  request  of  an  Indian  release  him 
from  his  wife,  and  set  her  adrift  without  provision  or  remedy,  and 
without  any  trial,  except  an  informal  hearing.  She  may  appeal 
to  the  Indian  Council,  but  the  evidence  shows  it  seldom  acts.  She 
cannot  have  any  relief  under  our  laws  or  in  our  courts. 

It  is  a  piece  of  patchwork,  out  of  date,  and  its  worst  features 
enacted  to  suit  the  whims  of  certain  classes  of  the  Indians.  The 
evidence  taken  by  the  various  commissions,  as  well  as  communi- 
cations from  the  better  class  of  Indians  who  desire  some  relief 
from  present  conditions,  show  conclusively  that  the  present  con- 
ditions of  the  laws  is  fostering  shiftlessness,  immorality,  and 
crime  upon  the  reservations,  and  retarding  the  development  of 
the  Indian  toward  good  citizenship. 


350  JOURNAL  OF  THE 

No  doubt  the  failure  of  the  State  to  take  some  drastic  action 
heretofore  has  been  because  of  doubt  as  to  how  far  the  State 
could  extend  its  laws.  Your  Committee  is  convinced  that  there 
is  nothing  to  prevent  legislation  on  the  part  of  the  State,  in  prac- 
tically every  instance  where  the  Federal^  Government  has  not  as- 
sumed to  legislate.  It  is  remarkable  that  the  Federal  Government 
has  never  assumed  by  treaty,  or  laws,  to  govern  the  Indians  within 
this  State.  It  has  by  treaty  guaranteed  them  in  the  possession  of 
their  lands,  provided  for  the  punishment  of  certain  crimes  of  a 
more  important  nature,  restrained  them  in  their  contracts  with 
agents  and  attorneys  respecting  collection  of  claims,  etc.,  but  never 
provided  any  code  of  laws  governing  them.  On  the  other  hand,  the 
State  has,  from  its  earliest  existence,  passed  laws  for  their  gov- 
ernment and  control,  which  have  been  approved  by  the  courts.  In 
consolidating  the  laws  of  this  State  in  1909,  the  schedule  of  laws 
repealed  shows  about  160  chapters  of  Indian  enactments  running 
from  1779  to  1902,  as  repealed;  so  that  the  State  has  always  as- 
sumed to  act,  while  the  Federal  Government,  for  over  a  hundred 
years,  has  been  content  to  withhold  such  action  for  the  Indians  of 
this  State. 

Ordinary  justice  requires  that  the  Indian  should  be  recognized 
in  our  Constitution,  that  he  be  guaranteed  the  protection  of  our 
laws  and  the  process  of  our  courts  to  enforce  his  rights.  Exper- 
ience shows  that  legislatures  shift  the  responsibility  to  Commit- 
tees of  Investigation  or  to  Congress,  and  when  the  Federal  Gov- 
ernment fails  to  act,  as  it  has  always  done,  the  matter  is  aban- 
doned and  forgotten. 

The  amendment  proposed  is  not  intended  to  affect,  nor  can  it 
in  any  way  affect,  the  tribal  lands  of  the  Indians,  nor  does  it  in- 
terfere with  the  maintenance  of  their  tribal  relations.  Its  object 
is  mainly  to  insure  to  the  Indians  justice  among  themselves  by 
abolishing  the  inefficient  and  often  corrupt  tribal  courts  which  a 
few  reservations  have,  and  conferring  the  protection  of  our  State 
courts  upon  all  alike. 

Your  Committee  has  been  requested  to  submit  for  the  infor- 
mation of  the  Convention  a  condensed  statement  of  the  title  and 
law  governing  Indian  lands  and  the  position  of  the  law  as  to  gov- 
ernment of  Indians  in  this  State,  and  for  that  purpose  submits 
the  following: 


CONSTITUTIONAL  CONVENTION  351 


INDIAN  LANDS  IN  NEW  YORK 

The  United  States  never  had,  and  has  not  now,  any  title  or 
right  to  the  lands  of  the  Indians  in  this  State.  The  title,  that  is, 
the  preemptive  right  to  all  these  lands  was  originally  vested  in 
either  the  commonwealth  of  Massachusetts  under  the  grant  to  the 
colony  in  1628,  or  in  the  State  of  New  York  under  the  grant  to 
the  Duke  of  York  in  1664.  This  title  is  what  has  been  called  the 
preemptive  right  —  that  is,  the  right  to  extinguish  the  Indian 
title  of  possession,  by  purchase  or  treaty  —  after  which  the  lands 
would  belong  to  the  State. 

In  1786  the  State  of  New  York  and  the  commonwealth  of  Mas- 
sachusetts, with  the  consent  of  the  United  States,  settled  their 
differences,  Massachusetts  thereby  ceding,  granting,  releasing  and 
confirming  to  New  York  forever  all  its  claim,  right  and  title  "  to 
the  Government,  sovereignty  and  jurisdiction "  of  the  lands 
claimed  by  the  State  of  New  York ;  and  the  State  of  New  York 
ceding,  granting,  releasing  and  confirming  to  Massachusetts  and 
to  the  use  of  the  commonwealth,  their  grantees  and  the  heirs  and 
assigns  of  such  grantees  forever,  the  right  of  preemption  of  the 
soil  from  the  native  Indians,  and  all  their  estate,  right,  title  and 
property  (the  right  of  title  of  Government,  sovereignty  and  juris- 
diction excepted)  in  that  portion  of  the  said  lands  which  included 
practically  the  whole  of  New  York  (except  a  mile  along  Niagara 
river)  west  of  a  line  drawn  north  and  south  from  a  point  82  miles 
west  of  the  northeast  corner  of  Pennsylvania ;  together  with  some 
other  lands  between  the  Owego  and  Chenango  rivers. 

Massachusetts  then  ceded  the  like  preemption  right  of  all  other 
lands  claimed  in  New  York  to  this  State,  and  reserved  the  right 
to  assign  its  preemption  right  to  persons  who  thus  would  be  able 
to  extinguish  the  Indian  title;  but  purchases  from  the  Indians 
were  to  be  void  unless  approved  by  a  superintendent  appointed 
by  that  State  and  confirmed  by  it. 

Massachusetts  made  various  transfers  of  its  rights  to  individuals 
and  associations,  and  thus  has  divested  itself  of  these  rights,  ex- 
cept 'the  right  to  be  represented  at  any  extinguishment  of  the 
Indian  title;  and  by  contracts  made  with  the  Indians  by  these 
various  assignees,  with  the  consent  of  Massachusetts,  New  York 
and  the  United  States,  this  preemptive  title  has  been  extinguished 
as  to  all  the  lands  except  those  of  the  Allegheny,  Cattaraugus,  and 


352  JOURNAL  OF  THE 

probably  about  1,920  acres  of  the  Tuscarora  reservations.  The 
remainder  of  the  Tuscarora  lands,  4,329  acres,  the  Tuscarora 
nation  owns  in  fee. 

The  Oneidas  own  400  acres  of  land  which  they  hold  in 
severalty. 

The  Cayugas  now  have  no  lands  in  the  State. 

The  Shinnecock  Indians  own  400  acres  on  Long  Island  in  fee. 
They  are  largely  a  mixed  race,  few  of  them  being  full  blood 
Indians. 

The  St.  Regis  Indians  have  14,030  acres  of  land  in  Franklin 
County,  the  title  to  which  is  in  the  State,  and  the  right  of  oc- 
cupancy and  possession  in  the  tribe. 

The  Onondaga  Indians  have  7,300  acres  near  Syracuse,  the 
title  to  which  is  in  the  State,  and  the  right  of  occupancy  and  pos- 
session in  the  tribe. 

The  Tonawandas  have  7,548  acres  in  the  Counties  of  Erie  and 
Genesee  which  they  purchased,  and  the  title  to  which  is  now  in 
the  State  Comptroller  of  this  State  and  his  successors  in  office  in 
trust  for  the  tribe. 

The  Seneca  Indians  have  30,469  acres  on  the  Allegheny  reserva- 
tion and  21,680  acres  on  the  Cattaraugus  reservation,  the  title 
to  which  is  in  the  Seneca  nation,  subject  to  the  preemptive  right 
of  what  is  popularly  known  as  the  Ogden  Company,  upon  the 
extinguishment  of  the  Indian  title. 

The  foregoing  comprise  all  Indian  lands  in  the  State. 

The  only  claim  of  the  United  States  Government  is  that  as 
general  guardian  or  protector  of  all  Indians,  and  its  general  right 
to  make  treaties  with  them,  and  under  its  treaties  with  the 
Senecas,  no  disposition  of  their  lands  can  be  made  without  its 
consent.  It  is  therefore  impossible  for  either  the  State  of  New 
York,  the  Indians  themselves,  the  owners  of  the  preemptive  right, 
or  all  three  combined  to  dispose  of  these  lands  without  the  consent 
of  the  United  States.  The  extension,  therefore,  of  the  general 
State  laws,  and  jurisdiction  of  the  State  courts  over  the  Indians 
would  have  no  effect  upon  these  tribal  lands. 


CONSTITUTIONAL  CONVENTION  353 


Government  of  Indians  of  New  York 

The  United  States,  first  treating  Indians  as  foreign  nations, 
then  as  dependent  nations,  within  its  borders,  made  treaties  with 
them  until  1871,  when  by  an  act  of  Congress  it  forbade  recogni- 
tion of  them  as  an  independent  nation  with  whom  treaties  could 
be  made. 

Act  of  March  3,  1871,  Chap.  120.     Sec.  2079,  Eevised 
Statutes.     U.  8.  v.  Kagama,  118  U.  S.  375. 

Prior  to  this,  the  only  treaties  made  by  the  United  States  with 
New  York  Indians  were  for  the  purpose  qf  insuring  peace,  set- 
tling boundary  lines,  and  guaranteeing  them  and  their  posterity 
in  the  possession  of  certain  lands,  or  consenting  to  the  disposition 
of  parts  thereof.  No  treaty  contains  any  provision  for  govern- 
ment of  the  Indians  except  that  in  the  treaties  of  1789  and  1795 
with  the  Six  Nations  provisions  was  made  for  surrender  and  pun- 
ishment in  cases  of  robbery,  murder,  etc. 

The  United  States  has  never  passed  any  laws  for  the  govern- 
ment of  Indians  in  New  York  except  such  as  are  of  general  ap- 
plication to  all  Indians,  and  there  appear  to  be  only  two  or  three 
of  these.  One  provides  the  method  by  which  contracts  made  by 
an  Indian  for  services  relating  to  claims  for  lands  and  moneys 
due  from  the  United  States  shall  be  made  (U.  S.  Stat.  Sec.  2103) 
and  another  is  an  amendment  to  the  Penal  Laws  (Chap.  321, 
U.  S.  Laws  of  1909)  which  provides  for  punishment  and  jurisdic- 
tion in  case  of  certain  crimes  of  Indians  against  the  person  or 
property  of  another  Indian  within  the  limits  of  any  reservation, 
viz:  murder,  manslaughter,  rape,  assault  with  intent  to  kill,  as- 
sault with  a  deadly  weapon,  arson,  burglary  and  larceny. 

This  statute  was  before  our  Court  of  Appeals  in  People  ex  rel. 
Cusick  v.  Daly,  212  N.  Y.  183,  where  it  was  held  that  as  the 
Federal  Government  has  chosen  to  legislate  on  this  subject  it  con- 
trolled and  excluded  State  legislation  on  the  same  subject.  In 
this  case  the  court  seems  to  assume  "  that,  in  the  absence  of 
Federal  legislation,  the  State  has  most  ample  power  to  legislate 
for  the  Indians  within  its  borders."  This  is  undoubtedly  true 
because  the  United  States  Constitution  nowhere  prohibits  it  except 
as  to  treaties  and  regulations  of  commerce  with  the  Indians.  The 
23 


354  JOURNAL  OF  THE 

only  other  restriction  is  the  right  claimed  by  the  Federal  Govern- 
ment as  guardian  to  legislate  for  their  protection.  The  various 
State  courts  so  construe  the  rights  of  the  State,  as  witness  Far- 
rington  v.  Wilson,  29  Wis.  383,  Smith  v.  Smith,  140  Wis.  599, 
holding  that  State  courts  have  jurisdiction  to  appoint  guardians 
of  Indians  though  belonging  to  a  distinct  tribe.  Also,  Stacy  and 
another  v.  Le  Belle,  99  Wis.  520,  that  State  courts  have  jurisdic~ 
tion  of  a  contract  in  favor  of  a  white  man  against  an  Indian  be- 
longing to  a  tribe  and  a  particular  reservation.  This  last  case 
enumerates  the  cases  in  which  a  State  may  act  in  the  absence  of 
Federal  legislation.  See  also,  holding  the  same,  122  Ind.  541 1 
(7  L.R.A.  782.) 

Our  courts  hold  that  where  jurisdiction  is  not  conferred  on 
peacemakers'  courts,  our  courts  have  jurisdiction. 

Terrence  v.  Gray,  165  A.  D.  636;  Matter  of  Printup,  121 
A.  D.  322 ;  Peters  v.  Tallchief,  121  A.  D.  309. 

Also  that  our  laws  of  descent  and  distribution  apply  to  Indians^ 

Hatch  v.  Luckman,  155  A.  D.  765. 

Our  own  Indian  law  provides  that  State  courts  have  jurisdic- 
tion where  it  is  not  conferred  on  peacemakers'  courts.  Art.  2> 
Section  5.     Indian  Law. 

It  also  provides  that  Indians  are  liable  on  contracts  not  pro- 
hibited by  law,  but  immediately  forbids  any  action  on  a  contract 
against  any  Indian  of  the  Seneca  or  Tonawanda  nation,  or  Onon» 
daga  tribe,  though  making  no  such  provision  for  the  Tuscaroras> 
St.  Regis,  Shinnecock,  or  any  other  tribe. 

It  also  provides  that  the  State  laws  as  to  marriage,  annulment^ 
and  divorce  apply  to  Indians,  and  that  the  State  courts  have  juris- 
diction; and  then  confers  these  powers  exclusively,  on  peace- 
makers' courts  of  the  Allegheny  and  Cattaraugus  reservations 
only,  probably  granting  these  unusual  powers  to  them  because 
they  are  the  least  civilized  of  all  the  Indians  in  the  State.  Even 
the  Tonawandas  who  have  peacemakers'  courts,  have  no  jurisdic- 
tion over  marriage  and  divorce,  and  none  of  the  other  tribes  have 
any  kind  of  courts.  While  no  State  law  has  provided  for  Surro- 
gates' courts  among  them,  the  Senecas  of  the  Cattaraugus  and, 


CONSTITUTIONAL  CONVENTION  355 

Allegheny  reservations  have  erected  Surrogates'  courts  which  pro- 
bate wills  and  distribute  estates.  The  other  laws  are  of  minor 
importance,  and  except  for  abolishing  their  so-called  courts  would 
not  be  interfered  with  by  the  amendment  proposed.  The  general 
laws  would  not  interfere  in  any  way  with  tribal  relations,  nor 
management  of  tribal  affairs. 

That  the  State  has  power  to  govern  Indians  was  decided  many 
years  ago  by  the  Supreme  Court  of  the  United  States  in  constru- 
ing a  New  York  statute  of  March  31,  1821,  providing  for  re- 
moval of  persons  from  Indian  lands. 

The  court  says :  "  The  statute  in  question  is  a  police  regulation 
for  the  protection  of  the  Indians  from  intrusion  of  the  white 
people,  and  to  preserve  the  peace.  It  is  the  dictate  of  a  prudent 
and  just  policy.  Notwithstanding  the  peculiar  relations  which 
these  Indian  nations  hold  to  the  government  of  the  United  States, 
the  State  of  New  York  had  the  power  of  a  sovereign  over  their 
persons  and  property  so  far  as  it  was  necessary  to  preserve  the 
peace  of  the  commonwealth,  and  protect  these  feeble  and  helpless 
bands  from  imposition  and  intrusion.  The  power  of  a  State  to 
make  such  regulations  to  preserve  the  peace  of  the  community 
is  absolute,  and  has  never  been  surrendered."  People  v.  Dibble, 
21  Howard  (U.  S.)  366-371. 

The  United  States  Supreme  Court  seems  to  have  settled  the 
respective  powers  of  the  Federal  and  State  courts  and  the  power 
of  a  State  court  to  act  in  the  absence  of  Federal  legislation  in 
The  Minnesota  Kate  Cases,  230  U.  S.  352  et  seq. 

At  page  399,  the  Court  says: 

"  It  has  repeatedly  been  declared  by  this  Court  that  as  to  those 
subjects  which  require  a  general  system  or  uniformity  of  regula- 
tion the  power  of  Congress  is  exclusive.  In  other  matters,  ad- 
mitting of  diversity  of  treatment  according  to  the  special  require- 
ments of  local  conditions,  the  States  may  act  within  their  respec- 
tive jurisdictions  until  Congress  sees  fit  to  act ;  and  when  Congress 
does  act,  the  exercise  of  its  authority  overrides  all  conflicting 
State  legislation."  And  at  page  402,  after  stating  the  nature  of 
the  legislation  necessarily  reserved  exclusively  to  Congress,  the 
Court  farther  says, 

*  But  within  these  limitations  there  necessarily  remains  to  the 
States,  until  Congress  acts,  a  wide  range  for  the  permissible  exer- 
cise of  power  appropriate  to  their  territorial  jurisdiction  although 


356  .    JOURNAL  OF  THE 

interstate  commerce  may  be  affected.  It  extends  to  these  matters 
of  a  local  nature  as  to  which  it  is  impossible  to  derive  from  the 
constitutional  grant  an  intention  that  they  should  go  uncontrolled 
pending  Federal  intervention.'7  *  *  *  "Where  the  subject 
is  peculiarly  one  of  local  concern,  and  from  its  nature  belongs 
to  the  class  with  which  the  State  appropriately  deals  in  making 
reasonable  provision  for  local  needs,  it  cannot  be  regarded  as  left 
to  the  unrestrained  will  of  individuals  because  Congress  has  not 
acted,  although  it  may  have  such  a  relation  to  interstate  com- 
merce as  to  be  within  the  reach  of  the  Federal  power.  In  such 
case,  Congress  must  be  the  judge  of  the  necessity  of  Federal 
action." 

For  the  Committee, 

James  P.  Lixdsay. 


Mr.  Marshall  moved  to  reconsider  the  vote  by  which  the  report  of 
the  Committee  on  Corporations  in  regard  to  proposed  amendment 
(No.  122,  Int.  No.  122)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  three  of  Article  VIII  of  the  Constitution, 
relative  to  cumulative  voting  by  shareholders  of  stock  corporations 
at  all  corporate  elections,"  was  agreed  to  and  that  that  motion 
lie  upon  the  table. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  to  lay  upon  the  table,  and  it  was  determined 
in  the  affirmative. 

Mr.  President  announced  the  General  Orders. 

The  Secretary  called  the  calendar  and  three  propositions  being 
moved  the  Convention  resolved  itself  into  a  committee  of  the 
whole  and  proceeded  to  the  consideration  of  general  orders,  being 
the  Proposed  Amendments  entitled  as  follows: 

"  Proposed  constitutional  amendment  to  amend  Section  one  of 
Article  IX  of  the  Constitution,  in  relation  to  the  supervision  and 
control  by  the  State  of  the  education  of  children."  (No.  749, 
Int.  No.  698.) 

"  Proposed  constitutional  amendment  to  amend  the  Constitution 


CONSTITUTIONAL  CONTENTION  357 

by  inserting  a  new  article,  in  relation  to  taxation."      (No.  756 
Int.  No.  679.) 

After  some  time  spent  therein,  the  President  resumed  the  chair 
and  Mr.  M..  J.  O'Brien  from  said  committee  reported  progress 
and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Wickersham,  the  amendments  offered  in  the 
committee  of  the  whole  to  proposed  amendments  Nos.  749  and 
757  by  Mr.  J.  G.  Saxe  were  ordered  printed  on  the  calendar. 

Mr.  Mulry  was  excused  on  account  of  illness  in  his  family. 

Mr.  Reeves  was  excused  from  the  sessions  of  Friday  and  Satur- 
day of  this  week  and  Monday  and  Tuesday  of  next  week. 

Mr.  Cole  was  excused  from  the  sessions  of  Monday,  Tuesday 
and  Wednesday  next. 

Mr.  Blauvelt  was  excused  for  the  remainder  of  the  week. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


FRIDAY,  JULY  30,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  Spencer  S.  Roche,  Garden  City. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Wednesday, 
July  28th,  was  approved. 

The  President  presented  the  resolutions  adopted  by  the  city 
officials  of  the  city  of  Utica,  which  were  referred  to  the  Com- 
mittee on  Cities. 

Also,  the  response  of  the  Superintendent  of  Public  Works  to 
the  resolutions  of  the  Convention  asking  information  concerning 
the  expenses  of  the  Bureau  of  Claims,  which  was  referred  to  the 
Committee  on  the  Judiciarv. 


358  JOURNAL  OF  THE 

Mr.  Tanner  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  Charles  H.  Clark  be  and  hereby  is  appointed 
drafting  clerk  to  the  Committee  on  Revision  and  Engrossment  at 
a  compensation  of  ten  dollars  per  day,  said  appointment  to  date 
from  Tuesday,  August  3, 1915. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  R.  B.  Smith  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Revision  and  Engrossment  be 
discharged  from  the  further  consideration  of  proposed  amendment 
(No.  734,  Int.  No.  291)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Article  III  and  "Section  four  of  Article  IV  of  the 
Constitution,  in  relation  to  extraordinary  sessions  of  the  Legisla- 
ture and  the  Assembly." 

which  was  agreed  to. 

Said  proposed  amendment  having  been  announced,  on  motion  of 
Mr.  R.  B.  Smith,  the  same  was  amended  as  follows : 

Amend  the  title  as  follows : 

Strike  out  "  extraordinary  n  and  insert  "  voluntary  ". 

Page  1,  line  4,  after  "  motion  "  insert  in  italics  "  in  the  manner 
to  be  provided  by  continuing  joint  rule  ". 

Page  1,  line  7,  after  "  motion  "  insert  in  italics  "  in  the  manner 
to  be  provided  by  continuing  rule  ". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.  R.  B.  Smith  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  Cities  be  discharged  from  the 
further  consideration  of  proposed  amendment  (No.  721,  Int.  No. 
254)  entitled  "  Proposed  constitutional  amendment  to  amend 
Section  one  of  Article  XII  of  the  Constitution,  in  relation  to  the 
delegation  by  the  Legislature  to  cities  and  villages  of  power  of 
local  legislation." 

which  was  agreed  to. 


CONSTITUTIONAL  CONVENTION  359 

Said  proposed  amendment  having  been  announced,  on  motion  of 
Mr.  R.  B.  Smith,  the  same  was  amended  as  follows : 

Amend  the  title  by  striking  out  "  the  delegation  by  the  Legisla- 
ture to  ";  also  by  striking  out  "  of  power  of  local  legislation '". 

On  page  1,  line  4,  after  "  cities  and  "  insert  a  bracket. 

Page  1,  line  5,  before  "  villages  "  insert  a  bracket. 

Page  1,  line  5,  after  "  Villages  "  insert  a  period  and  a  bracket, 
and  after  "  villages  and  "  strike  out  the  bracket. 

Page  1,  line  5,  after  "  villages  and  to  "  strike  out  the  balance  of 
line,  and  all  of  lines  6,  7  and  8,  and  insert  in  italics  the  following : 
u  subject  to  the  provisions  of  this  Constitution  and  general  laws  of 
the  State  applicable  to  all  cities  or  to  all  cities  of  a  class  as  herein- 
after denned,  by  general  or  local  laws  delegate  to  cities  for  exercise 
within  their  respective  local  jurisdictions  such  of  its  powers  of 
legislation  as  to  matters  affecting  them  as  it  may,  from  time  to 
time,  deem  expedient.  'Subject  to  the  provisions  of  this  Constitu- 
tion and  general  laws  of  the  State  the  Legislature  shall  delegate  to 
all  cities  exclusive  power  to  fix  the  terms  of  office  of  employment 
of  all  city  officers  and  employees  and  the  salaries  or  compensation 
during  service  of  all  city  officers  and  employees  except  judicial 
officers  and  members  of  local  authorities  having:  general  power  to 
determine  salaries  or  compensation  of  city  officers  and  employees." 

Page  1,  line  9,  before  the  word  "  shall  "  insert  in  italics  "  the 
Legislature  ". 

Page  1,  line  9,  after  "  restrict "  insert  a  bracket ;  also  after 
"  their  "  insert  a  bracket  and  insert  in  italics  "  the  ". 

Page  1,  line  10,  after  "  loaning "  insert  a  bracket,  also  after 
u  their  "  insert  a  bracket. 

Page  1,  line  10,  after  "  credit "  strike  out  the  comma  and  in- 
sert in  italics  "  of  cities  and  villages  ". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.  Wood  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  words  following: 

Resolved,  That  Harmon  J.  Norton  be  granted  a  leave  of  ab- 
sence for  ten  days  with  pay  on  account  of  illness  contracted  in  the 
service  cf  the  State. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  Dow,  from  the  Committee  on  Conservation,  to  which  was 
referred  several  proposed  amendments  in  relation  to  conservation 


360  JOURNAL  OF  THE 

of  forest  lands,  reports  by  proposed  amendment  entitled  "  Pro- 
posed constitutional  amendment  to  insert  in  the  Constitution  a 
new  article  in  relation  to  the  conservation  of  natural  resources  " 
(Int.-  No.  708),  which  was  read  twice  and  said  committee  reports  in 
favor  of  the  passage  of  the  same,  which  report  was  agreed  to, 
and  said  proposition  ordered  printed  and  referred  to  the  Com- 
mittee of  the  Whole. 

The  Committee  on  Conservation  of  Natural  Resources  herewith 
presents  the  following  reasons  in  support  of  its  report : 

The  Committee  was  called  upon  to  consider  two  basic  questions : 
First,  the  determination  of  the  policy  of  the  State  in  respect  to 
the  preservation  of  its  Forest  Preserve;  and  second,  the  admin- 
istration of  all  the  natural  resources  of  the  State,  free  from  politi- 
cal interference. 

In  respect  to  both  of  these  fundamental  propositions  and  to  the 
numerous  incidental  propositions  that  have  been  presented  to  it, 
the  Committee  has  held  public  hearings  and  executive  sessions; 
has  fully  considered  all  amendments  referred  to  it,  and  all  sugges- 
tions made  to  it ;  and,  after  thorough  deliberation,  has  reached  the 
conclusions  embodied  in  its  report. 

The  propositions  submitted  to  the  Committee  on  Conservation, 
and  from  which  they  have  drawn  suggestions,  were  as  follows : 

Pr.  No.  10,  Int.  No.  10,  proposed  by  C.  H.  Young. 

Pr.  No.  25,  Int.  No.  25,  proposed  by  J.  S.  Whipple. 

Pr.  No.  37,  Int.  No.  37,  proposed  by  R.  B.  Smith. 

Pr.  No.  71,  Int.  No.  71,  proposed  by  C.  H.  Young. 

Pr.  No.  84,  Int.  No.  84,  proposed  by  E.  N.  Smith. 

Pr.  No.  129,  Int.  No.  129,  proposed  by  H.  L.  Austin. 

Pr.  No.  154,  Int.  No.  154,  proposed  by  W.  B.  Dunlap. 

Pr.  No.  208,  Int.  No.  207,  proposed  by  A.  P.  McKean. 

Pr.  No.  220,  Int.  No.  219,  proposed  by  G.  H.  Bunce. 

Pr.  Nos.  128-247,  Int.  No.  128,  proposed  by  H.  L.  Austin. 

Pr.  No.  299,  Int.  No.  295,  proposed  by  W.  P.  Bannister. 

Pr.  No.  316,  Int.  No.  312,  proposed  by  A.  J.  Baldwin. 

Pr.  No.  375,  Int.  No.  370,  proposed  by  Charles  M.  Dow. 

Pr.  No.  382,  Int.  No.  375,  proposed  by  A.  J.  Baldwin. 

Pr.  No.  445,  Int.  No.  433,  proposed  by  Ferris  J.  Meigs. 

Pr.  No.  450,  Int.  No.  438,  proposed  by  G.  E.  Greene. 

Pr.  No.  492,  Int.  No.  480,  proposed  by  Charles  M.  Dow. 

Pr.  No.  584,  Int.  No.  569,  proposed  by  E.  M.  Angell. 


CONSTITUTIONAL  CONVENTION  361 

Pr.  No.  585,  Int.  No.  570,  proposed  by  E.  M.  Angell. 
Pr.  No.  586,  int.  No.  571,  proposed  by  E.  11.  Angell. 
Pr.  No.  647,  Int.  No.  631,  proposed  by  T.  A.  Leary. 

The  Forest  Preserve. —  As  to  the  policy  of  the  State  in  respect 
to  the  Forest  Preserve,  your  Committee  adopts  the  following  lan- 
guage of  the  report  of  JJavid  McClure  for  the  Committee  on  For- 
est Preserves,  made  to  the  last  Constitutional  Convention,  under 
date  of  August  23,  1891,  and  reading  in  part  as  follows : 

"  That  your  Committee  has  reached  the  conclusion  that  it 
is  necessary  for  the  health,  safety  and  general  advantage  of 
the  people  of  the  State  that  the  forest  lands  now  owned  and 
hereafter  acquired  by  the  State,  and  the  timber  on  such  lands, 
should  be  preserved  intact  as  forest  preserves  and  not  under 
any  circumstances  be  sold." 

Your  Committee  thus  reports  the  present  language  of  section 
seven  of  article  seven  of  the  Constitution  relating  to  the  preserva- 
tion of  the  forest  preserve  as  wild  forest  lands,  with  the  exceptions 
that  it  recommends  that  the  Department  of  Conservation  be  "  em- 
powered to  reforest  lands  in  the  Forest  Preserve,  to  construct  fire 
trails  thereon,  and  to  remove  dead  trees  and  dead  timber  there- 
from for  purposes  of  reforestation  and  fire  protection  solely ;  but 
shall  not  sell  the  same  ".  This  exception,  in  the  opinion  of  the 
Committee,  will  prepare  for  reforestation  and  more  adequately 
protect  the  State  forests  from  destruction  by  fire. 

Administration. —  In  determining  the  question  of  administra- 
tion, your  Committee  was  called  upon  to  deal  with  considerations 
which  are  peculiar  to  the  question  of  conservation.  It  seemed 
necessary  that  your  Committee  should  provide  for  continuity  of 
policy  and  freedom  from  political  control,  which  in  their  opinion 
is  indispensable  to  proper  management  of  the  forest  preserve. 
They  deemed  that  these  ends  could  best  be  secured  by  an  unpaid 
board  which,  from  the  nature  of  the  work  and  the  opportunity  for 
State  service  it  offers,  would  attract  to  it  men  of  a  type  whose  ser- 
vices no  salary  could  secure.  Such  a  board  will  be  deliberative 
in  function,  and  will  shape  the  policy  of  administering  the  natural 
resources  of  the  State,  in  response  to  public  sentiment,  and  for  the 
best  interests  of  the  State  as  a  whole. 

By  appointing  commissioners  for  overlapping  terms  of  nine 
years,  and  providing  that  they  can  only  be  removed  by  the  Gover- 
nor on  charges,  permanency  of  personnel  and  continuity  of  policy 
are  secured. 


362  JOURNAL  OF  THE 

By  specifying  that  each  judicial  district  in  the  State  shall  he 
represented  on  this  board,  every  portion  of  the  State  has  its  spokes- 
man, and  as  a  consequence,  the  people  as  a  whole  will  feel  that 
their  voice  may  be  heard,  and  thus  public  confidence  and  support 
will  be  better  guaranteed. 

Extensive  reforestation  is  provided  for,  in  order  that  the  large 
tracts  of  State-owned  land,  now  bare,  may  be  reclothed  with  for- 
ests, to  the  improvement  of  the  water  holding  capacity  of  the  soil 
and  the  enhancement  of  the  Forest  Preserve  as  park  and  recreation 
ground. 

The  practice  of  forestry  throughout  the  State  is  encouraged  and 
the  department  given  discretionary  power  to  promote  forest  man- 
agement upon  the  large  areas  unsuited  to  agriculture. 

The  purchase  of  additional  lands  within  the  Blue  Lines  which 
bound  the  forest  parks  within  the  Forest  Preserve,  is  not  only  rec- 
ommended, but  a  plan  for  securing  funds  for  such  purchases  is 
provided.  'Systematic  purchasing  of  lands  within  the  Blue  Lines 
would  consolidate  the  present  holdings,  making  administration 
more  economical,  and  at  the  same  time,  secure  control  of  lands 
upon  whose  forest  cover  depends  the  regular  flow  of  our  most  im- 
portant streams,  and  insure  perpetuation  of  the  water  supply  of 
the  State  and  its  municipalities. 

By  making  it  possible,  if  deemed  advisable,  to  extend  the  fire 
protection  system  to  include  the  entire  State,  your  Committee  feels 
that  it  is  providing  for  the  safety  of  forest  lands.  Most  sections 
of  the  State  have  suffered  heavily  in  the  past  from  forest  fires 
through  lack  of  an  efficient  protective  organization.  In 
such  cases,  this  department  may,  at  the  solicitation  of  citizens  or 
acting  upon  its  own  discretion,  install  a  local  State  fire  warden  for 
the  purpose  of  preventing  and  suppressing  such  forest  fires. 

Concerning  the  regulatory  powers  of  this  department,  your 
Committee  deems  it  advisable  to  empower  it  to  enact  the  necessary 
rules  and  regulations  concerning  fish,  game,  birds,  shellfish  and 
Crustacea,  subject  to  the  veto  of  the  Governor.  This  power  should 
not  only  lighten  the  load  of  the  Legislature  to  a  considerable  ex- 
tent, but  also  result  in  less  confusion  and  better  co-ordination  of 
the  fish  and  game  laws,  with  increased  efficiency  and  equity. 

Regarding  the  personnel,  civil  service  regulations  are  to  be  en- 
forced, with  the  exception  of  the  superintendent,  emergency  em- 
ployees and  laborers. 

The  existing  provision  permitting  the  use  of  three  per  cent,  of 
the  Forest  Preserve  for  water  storage  purposes  is  retained  with- 
out any  change  whatever,   as  is  the  provision  that  any  citizen 


CONSTITUTIONAL  CONVENTION  363 

may  bring  an  action  for  violations  of  the  provisions  of  this  article 
(the  final  clause  of  section  seven). 

To  avoid  inflicting  hardships  upon  communities  and  individ- 
uals who  have  for  years  occupied  lands  now  belonging  to  the  State, 
the  Department  of  Conservation  is  given  discretionary  power  to 
issue  licenses  to  occupants  of  that  class.  These  licenses  are  revoca- 
ble and  are  limited  to  cases  where  occupancy  commenced  before 
December  1,  1909,  and  to  permanent  residents. 

The  final  change  to  be  mentioned  is  the  one  whereby  the  City  of 
New  York  may  use  for  water  supply  purposes  three  small  speci- 
fied tracts  owned  by  the  State  in  Greene  and  Ulster  counties.  Such 
use  is  felt  to  be  of  necessity  to  the  city,  and  by  clearly  specifying 
the  parcels  in  question,  no  extensive  easements  are  granted. 
('Signed)  : 

1.  Charles  M.  Dow 

Chairman 

2.  Edward  N.  Smith 

3.  George  Clinton 

4.  Louis  Marshall 
5. 

6.  Kush  Rhees 

(Reserving  right  to  dissent  to  mandatory  appro- 
priation.) 

7.  Olin  H.  Landreth 

(Reserving  the  right  to  dissent  to  the  limitations 
placed  on  the  powers  of  the  commission.) 

8.  Eerris  J.  Meigs 

(Except  for  the  too  narrow  limitations  placed  on 
some  of  the  discretionary  powers  of  the  depart- 
ment, I  approve.) 

9.  H.  Leroy  Austin 

(But  dissenting  as  to  the  nine-headed  commission 
and  mandatory  appropriation,  for  reasons  which 
I  will  state.) 

10.  Wm.  P.  Bannister 

(Reserving  right  to  dissent  to  mandatory  appropri- 
ation.) 

11.  Edward  M.  Angell 

(Being  in  favor,  however,  of  broader  powers  in  the 
Commission.) 
'.  12.  W.  Bartow  Dunlap 


364  JOURNAL  OF  THE 

13.  Arthur  J.  Baldwin 

(Reserving  the  right  to  dissent  to  mandatory  ap- 
propriations.) 

14.  M.  J.  O'Brien" 

15.  Timothy  A.  Leary 

16.  George  A.  Blauvelt 

(Reserving  right  to  dissent.) 

17.  John  G.  Saxe 

The  majority  report  is  signed  by  all  the  members  of  the  Com- 
mittee, except  Mr.  Whipple. 

Messrs.  Dow,  Smith,  Clinton,  Marshall,  Dunlap,  O'Brien, 
Leary,  and  Saxe.  sign  without  restriction. 

Messrs.  Landreth,  Meigs  and  Angell  reserve  the  right  to  dis- 
sent as  to  the  limitations  placed  upon  the  powers  of  the  depart- 
ment. 

Messrs.  Rhees,  Bannister,  Austin  and  Baldwin  reserve  the  right 
to  dissent  from  the  provision  for  a  mandatory  appropriation,  and 
Mr.  Austin  also  from  the  form  of  administration. 

Mr.  Angell  presented  the  following  majority  report: 

SUPPLEMENTAL    STATEMENT    RELATING    TO    THE 
RESTRICTIONS   PLACED   ON   THE   DISCRETION- 
ARY POWER  OF  THE  CONSERVATION  DEPART- 
MENT AS  PROPOSED  BY  THE   COMMITTEE   ON 
CONSERVATION  OF  NATURAL  RESOURCES 
The  undersigned  members  of  the  Committee  on  Conservation  of 
Natural  Resources,  while  in  hearty  accord  with  all  the  provisions 
of  the  majority  report,  disagree  with  the  conclusion  of  the  majority 
of  the  Committee  that  none  of  the  restrictions  of  use  in  the  present 
constitution  should  be  relaxed.    We  believe  that  the  limitations  in 
the  majority  report  are  too  restricting  in  their  effect  upon  the 
operations  and  do  not  offer  an  opportunity  for  the  proper  de- 
velopment of  the  State's  natural  resources. 

The  committee  has  reported  a  plan  for  the  organization  of  the 
department  along  lines  which  should  insure  continuity  of  purpose, 
free  from  partisan  control,  by  men  of  high  character,  whose  sole 
purpose  will  be  to  serve  the  best  interests  of  the  State  in  the 
preservation,  the  development  and  enhancement  in  value  of  its 
natural  resources.  We  believe  that  they  should  be  entrusted  by 
the  people  with  the  duty  and  the  power  to  work  out  the  problems 
before  them,  and  to  that  end  they  should  be  given  greater  latitude 
under  the  Constitution  —  a  latitude  which  will  enable  them  to 
exercise  their   discretion   in  many   particulars  upon    important 


CONSTITUTIONAL  CONVENTION  365 

questions  of  policy.  The  majority  seem  to  believe  in  prohibition 
of  use.  We  believe  in  protection  and  conservation,  and  conserva- 
tion is  not  prohibition.  We  favor  making  provisions  in  the  con- 
stitution which  will  permit,  under  rules  and  regulations  to  be 
fixed  by  the  Conservation  Department,  the  following : 

I.  The  building  of  highways  in  the  Forest  Preserve. 

II.  The  leasing  of  camp  sites  of  limited  area  for  limited  periods 
on  restricted  portions  of  the  Forest  Preserve.  « 

III.  The  sale  by  the  State  of  lands  in  the  Forest  Preserve  out- 
side of  the  Adirondack  and  Catskill  parks,  except  the  land  con- 
tiguous thereto  and  the  islands  in  and  the  lands  adjacent  to 
Lake  Gfeorge. 

IV.  The  classification  of  the  lands  of  the  State  in  the  Adiron- 
dack and  Catskill  parks  into  two  areas,  one  of  which  shall  be 
forever  held  as  wild  forest  lands,  and  which  shall  include  the  lands 
upon  the  mountain  tops  and  the  lands  in  and  around  the  lakes 
and  major  streams,  and  such  other  lands  as  for  any  reason  the 
Commission  shall  determine  should  be  so  classified ;  and  the  second 
area  to  include  all  the  other  lands  of  the  State  within  said  parks, 
with  a  provision  that  the  Conservation  Department  may  cut,  sell, 
and  remove  any  part  of  the  timber  thereon  which  is  mature  or 
detrimental  to  forest  growth,  in  accordance  with  the  principles  of 
scientific  forestry,  and  for  the  purpose  of  increasing  the  growth 
of  the  forests.  Such  lands,  however,  to  be  forever  kept  as  forest 
lands  and  the  forest  cover  thereon  to  be  maintained  and  per- 
petuated. 

Our  reasons  for  desiring  to  incorporate  the  foregoing  provi- 
sions in  the  Constitution  are  as  follows: 

I.  Under  the  provisions  of  the  present  Constitution  and  under 
the  proposed  amendment  proposed  by  the  majority  of  the  Com- 
mittee it  is  impossible  to  build  highways  in  the  Adirondacks  or 
Catskills  through  or  upon  the  lands  of  the  State.  These  lands  are 
owned  by  the  people  and  should  be  made  accessible  to  them  so  that 
they  may  more  easily  go  there  for  health  and  recreation.  The 
forests  should  not  be  locked  from  access  to  the  majority  of  the 
people  of  the  State.  Such  highways  would,  in  addition,  furnish 
the  best  possible  fire  protection  because  they  would  be  broad  fire 
lanes  and  besides  would  enable  the  forest  rangers  quickly  to  reach 
the  locality  of  the  fire  and  extinguish  it  before  it  has  acquired 
headway. 

II.  The  leasing  of  camp  sites  should  be  permitted  for  largely 
the  same  reasons.  The  Adirondacks  and  Catskills  should  be 
opened  to  the  use  of  the  people  of  the  State  by  leasing  to  them 
camp  sites  of  a  limited  area  and  for  a  limited  time.  This  would 
not  only  be  a  means  of  substantial  revenue  to  the  State  but  would 
furnish  during  the  time  most  needed  a  fire  fighting  force.    Fires 


366  JOURNAL  OF  THE 

are  less  frequent  where  camps  are  occupied,  for  camp  site  lessees 
would  become  interested  in  seeing  that  no  fires  devasted  their 
camps,  and  they  would  thereby  furnish  a  great  protection  to  the 
property  of  the  State. 

III.  The  State  owns  about  250,000  acres  outside  the  Adiron- 
dack and  Catskill  parks  in  isolated  areas  where  they  serve  no 
useful  purpose  but  are  a  constant  and  increasing  expense  to  the 
State.  The  Conservation  Commission  and  practically  every  or- 
ganization and  individual  in  the  State  interested  in  this  subject, 
have,  for  many  years,  advocated  the  sale  of  these  lands  and  the 
devotion  of  the  proceeds,  estimated  to  be  not  less  than  $1,000,000 
to  the  purchase  of  other  lands  within  the  Adirondack  and  Catskill 
parks. 

IV.  Lands  in  the  Adirondack  and  Catskill  parks  should  be 
classified  by  the  Conservation  Department  into  areas  as  above  out- 
lined, one  of  which  should  be  held  as  wild  forest  land,  and  the 
other  as  utilization  forests. 

.  The  State  owns  approximately  1,800,000  acres  in  the  Forest 
Preserve,  an  area  larger  than  the  State  of  Delaware  and  about 
half  the  size  of  Connecticut.  It  is  fair  to  say  that  1,250,000  acres 
of  this  area  are  covered  by  heavy  forest  growth.  The  average 
annual  growth  is  estimated  by  competent  authority  to  be  200  feet 
per  acre,  or  an  aggregate  annual  wood  crop  of  250,000,000  feet  of 
lumber,  worth  approximately  $1,000,000.  This  is  now  an  abso- 
lute economic  loss  to  the  State,  for  an  amount  equal  to  the  annual 
growth  annually  falls  from  decay  and  its  value  is  gone  forever. 
Fnder  proper  forest  management  the  annual  growth  could  be 
taken  each  year  and  still  the  necessary  forest  cover  maintained. 
This  would  mean  the  removal  annually  of  not  over  two  per  cent,  of 
the  trees  standing  on  the  lands.  The  growth  and  quantity  of  forest 
trees  would  be  increased,  and  the  value  of  the  Forest  Preserve 
for  water  storage  purposes  be  undiminished.  If  the  part  to  be  set 
aside  in  the  first  area  to  be  forever  held  as  wild  lands  on  which 
no  cutting  should  be  allowed,  be  estimated  at  one-third  to  one-half 
of  the  whole  area  the  above  estimate  would  be  decreased  to  $500,- 
000  —  the  amount  asked  for  annually  by  the  Committee.  The 
carrying  charges  of  the  Forest  Preserve  are  not  less  than  $365,000, 
exclusive  of  the  interest  on  the  amounts  paid  by  the  State  for  these 
lands. 

The  Conservation  Department  has  for  years  advocated  a  change 
in  the  Constitution  which  would  make  unnecessary  this  vast 
economic  waste.  The  platform  of  the  Republican  and  Demo- 
cratic parties  for  the  year  1914,  upon  which  platforms  all  the 
delegates  to  this  Convention  were  elected,  demanded  a  change. 
The  Camp  Fire  Club  of  America,  The  Association  for  the  Pro- 
tection of  the  Adirondacks,  the  Empire  State  Forest  Products 


CONSTITUTIONAL  CONVENTION  367 

Association,  the  Committee  of  Engineers,  representing  national 
and  local  professional  engineering  societies,  and  many  other  asso- 
ciations and  individuals  having  knowledge  of  the  subject,  and  no 
personal  interest,  have  advised  a  procedure  similar  to  that  here 
advocated.  The  Legislature  of  the  State  at  its  last  two  sessions 
has  passed  a  concurrent  resolution  as  a  proposed  constitutional 
amendment,  as  follows: 

"  The  prohibition  of  section  seven  shall  not  prevent  the  cutting 
or  removal  of  mature,  dead,  or  fallen  timber  or  trees  detrimental 
to  forest  growth,  on  lands  constituting  the  Forest  Preserve,  nor  the 
leasing  of  camp  sites  and  the  construction  of  roads  and  trails  nec- 
essary for  protection  against  fire,  and  for  ingress  and  exit.  The 
Legislature  may  authorize  the  sale  of  lands  outside  the  limits 
of  the  Adirondack  park  and  the  Catskill  park  as  such  parks  are 
now  established  by  law.  The  proceeds  of  such  sales  of  lands  shall 
be  set  apart  in  a  separate  fund  and  used  only  for  the  purchase  of 
lands  or  for  reforestation  in  such  parks." 

The  third  annual  report  of  the  Conservation  Commission  for 
the  year  1913  says :  "  Nearly  all  the  merchantable  material  in  a 
forest  is  contained  in  a  few  of  the  larger  trees.  The  larger  trees 
•are  but  a  small  proportion  of  the  whole  stand,  therefore,  their  re- 
moval does  not  injure  the  forest  cover.  The  purpose  could  be 
best  accomplished  by  classifying  the  Preserve  into  areas  which 
should  be  maintained  as  protective  forest  and  into  other  areas 
which  could  be  used  for  wood  production.  The  former  would  in- 
clude mountain  tops,  steep  slopes,  or  other  places  where  it  might 
be  difficult  to  maintain  the  forest  cover,  and  which  should  not 
therefore  be  lumbered.  The  latter  would  include  the  lower  and 
more  level  sections  where  operations  could  be  profitably  conducted 
"without  injuring  the  forest  cover,  leaving,  however,  belts  around 
lakes  and  other  places  where  the  aesthetic  or  camping  interest  was 
more  important  than  the  commercial." 

This  method  also  has  the  endorsement  of  Henry  L).  Graves,  Chief 
^Forester  of  the  national  preserve,  and  an  authority  of  the  highest 
standing,  who  in  a  letter  to  the  chairman  of  the  Conservation  Com- 
mission under  date  of  July  18,  1915,  wrote  in  part  as  follows: 

"  LTndoubtedly  considerable  parts  of  the  Adirondack  Preserve 
should  be  retained  as  pristine  forests  for  the  recreation  and  es- 
thetic enjoyment  of  the  people.  I  believe,  however,  that  it  would 
be  equally  unfortunate  for  the  Constitution  to  prevent  the  people 
of  the  State  from  carrying  out,  after  expert  advice  and  public 
consideration,  a  policy  of  practical  forest  management  on  certain 
parts  of  the  Adirondack  lands  or  any  other  lands  owned  by  the 


368  JOURNAL  OF  THE 

State  where  it  is  determined  to  be  the  highest  use  which  can  be 
made  of  that  particular  portion  of  the  public  holdings." 

This  is  likewise  the  method  proposed  by  the  head  of  the  New 
York  State  Forestry  colleges  at  Syracuse  and  Cornell  in  numer- 
ous letters,  and  in  testimony  before  the  committee  at  its  public 
hearings.  It  is  also  the  method  by  which  the  Japanese  government 
manages  its  forests,  as  stated  by  Mr.  Nokai,  a  director  of  the  na- 
tural forests  of  Japan,  now  on  a  visit  to  this  country. 

The  last  Democratic  state  platform,  adopted  in  the  year  1914, 
contains  the  following  language: 

"  The  Constitution,  in  relation  to  the  preservation  of  forests, 
should  be  so  amended  as  to  permit  a  profit  to  the  State,  to  be  de- 
rived from  the  scientific  preservation  and  cultivation  of  our  forest 
lands,  at  the  same  time  protecting  them  against  exploitation  by 
private  interests." 

The  Republican  'State  platform,  adopted  at  the  time  the  Re- 
publican delegates-at-large  to  this  Convention  were  nominated, 
contains  the  following  upon  this  subject: 

"  We  favor  conservation  and  utilization  of  the  State's  forests 
and  waters  under  conditions  which  will  safeguard  the  rights  and 
interests  of  the  State.  The  holdings  by  the  State  of  forest  lands 
should  be  enlarged  and  adequately  protected  against  fire  and 
waste." 

GifTord  Pinchot  in  a  letter  to  the  Chairman  of  this  Committee 
under  date  of  July  7,  1915,  wrote  in  part  as  follows: 

"  I  am  in  favor  of  a  constitutional  provision  which  will  permit 
the  cutting  of  timber,  not  only  dead  and  down,  but  mature  and 
ripe,  in  the  Adirondacks,  as  perhaps  you  know,  and  I  am  enclosing 
herewith  a  report  made  to  the  Camp  Fire  Club  in  1911,  which 
deals  with  the  matter." 

The  Empire  -State  Forest  Products  Association,  at  a  meeting 
held  in  Utica  November  12,  1914,  recommended  that — "The 
Constitution  should  be  so  amended  that  the  Legislature  may  pro- 
vide: 

(1)  For  the  sale  of  mature,  dead  and  down  timber  being  and 
standing  in  the  Forest  Preserve,  as  now  or  hereafter  constituted, 
and  for  the  removal  of  timber  so  sold  in  accordance  with  the  prin- 
ciples of  scientific  forestry-. 

(2)  To  sell  the  lands  in  the  Forest  Preserve  outside  the  Adi- 
rondack and  Catskill  Parks. 

(3)  To  lease  camp  and  cottage  sites  in  the  Forest  Preserve. 

(4)  To  provide  for  the  construction  of  roads,  trails  and  fire 
lines  or  lanes  in  the  Forest  Preserve. 


CONSTITUTIONAL  CONVENTION  369 

(5)  To  set  apart  the  proceeds  of  the  sales  of  lands  and  all 
other  net  revenue  from  the  Forest  Preserve  in  a  fund,  to  be  used 
only  for  the  purchase  of  lands  in  the  Adirondack  and  Catskill 
Parks,  for  the  reforesting  of  lands  owned  by  the  State  in  said 
Parks  and  for  such  other  purposes  for  the  benefit  of  the  Forests  in 
said  Parks  as  the  Conservation  Commission  shall  provide. 

(6)  To  raise  funds  sufficient  to  continue  the  acquisition  of 
forest  lands  and  lands  suitable  for  growing  forests  not  belonging  to 
the  State  within  the  Adirondack  and  Catskill  Parks." 

The  Association  for  the  Protection  of  the  Adirondacks,  and 

the  Camp  Fire  Club  of  America,  by  their  sub-committees,  at  a 

joint  meeting  held  in  New  York  City  July  16,   1914,  voted  in 

favor  of  the  following  proposed  amendment  to  the  Constitution: 

"  The  prohibition  of  Section  7  shall  not  prevent  the  cutting 

or   removal   of    [mature]    dead   or   fallen   timber   or  trees, 

detrimental  to  forest  growth  on  lands  constituting  the  Forest 

Preserve,  nor  the  leasing  of  camp  sites,  nor  the  construction 

of  roads  and  trails  necessary  for  protection  against  fire  and 

for  ingress  and  egress.   The  Legislature  may  authorize  the  sale 

of  lands  outside  the  limits  of  the  Adirondack  Park  and  of 

the  Catskill  Park  as  such  Parks  are  now  established  by  law." 

In  an  editorial  in  the  July,  1915,  number  of  "American 
Forestry  ",  the  official  organ  of  the  American  Forestry  Associa- 
tion of  which  .Dr.  Drinker,  President  of  Lehigh  University,  is 
president,  the  following  is  stated: 

"  The  prejudice  against  cutting  of  green  timber  is  deeply 
ingrained  in  the  minds  of  New  York  citizens,  due  to  distrust 
of  her  politicians.  The  situation  demands  the  complete 
elimination  of  politics  from  the  management  of  the  State 
forest  lands.  Should  the  Convention  be  able  to  accomplish 
this,  they  need  no  longer  hesitate  to  permit  cutting.  On  the 
Minnesota  National  Forest,  the  timber  around  the  shores 
of  the  lakes  and  other  points  accessible  to  the  public  is  pre- 
served and  protected  although  the  Forest  Service  has  the 
technical  right  to  cut  and  remove  it.  Areas  of  especial  value 
can  be  so  classified,  and  preserved  in  their  primitive  condi- 
tion. The  remaining  areas,  unaccessible  to  the  public,  can 
be  logged  by  methods  which  preserve  the  forest  cover,  secure 
reproduction  and  prevent  waste  from  decay.  These  methods 
have  been  fully  demonstrated  on  the  National  Forests.  Must 
New  York,  through  timidity,  close  her  eyes  to  progress,  and 
either  lock  up  her  forest  resources,  or  imperil  them  with  ill- 
considered  half  measures  ?  Now  is  the  time  for  the  State  to 
establish  a  sane  and  orderly  administration  which  will  bring 
24  H 


370  JOURNAL  OF  THE 

the  Adirondack  forests  to  a  plane  equal  to  that  of  the  wonder- 
ful Black  Forest  of  Germany,  which  while  serving  as  the 
recreation  ground  for  the  entire  region,  supports  hundreds 
of  villages  and  thousands  of  persons  dependent  entirely  on  the 
forest  industries  for  their  existence." 

The  New  York  Evening  Mail  in  its  edition  of  July  27,  1915, 
in  an  editorial  entitled  "  Tying  Up  the  State  Forests  ",  states  its 
opinion  of  the  report  favored  by  the  majority  of  this  Committee 
in  the  following  words : 

"  The  Convention's  Committee  on  Conservation  has  de- 
cided to  recommend  the  continuance  of  the  present  constitu- 
tional prohibition  against  any  attempt  at  scientific  foresta- 
tion  of  the  lands  of  the  State.  No  timber  is  to  be  cut  on 
the  State  lands  except  what  is  dead  or  fallen.  The  construc- 
tion of  roads  in  the  Forest  Preserve  will  be  forbidden,  as  well 
as  the  future  leasing  of  camp  sites. 

"  The  whole  cause  of  forestry,  and  to  that  extent  of  con- 
servation, has  been  greatly  and  stupidly  hindered  in  this 
State  by  the  inability  under  which  the  State  authorities  rest 
to  make  any  economic  or  scientific  use  of  any  part  of  the 
State's  forests,  even  as  a  matter  of  experiment,  instruction 
or  example. 

"  The  simple  fact  is  that  the  Adirondack  forests  are  not 
considered  by  our  sapient  legislators  to  be  the  property  of 
the  people,  but  of  the  rich  i  camp '  owners  and  club  men 
who  go  up  there  to  enjoy  themselves  in  a  luxuriant  manner 
in  the  summer  and  to  shoot  deer  and  other  game  in  the 
autumn.  For  their  purposes  the  forest  seems  well  enough  in 
its  roughest  condition.  Scientific  forestation  makes  no  ap- 
peal to  them  whatever. 

"  We  have  a  chance  in  the  State  of  New  York  for  almost 
as  great  a  development  of  our  forest  wealth  as  has  taken 
place  in  the  empire  of  Germany.  The  central  portion  of 
our  two  great  mountain  ranges  contains  7,200,000  acres, 
which  is  under  nominal  fire  protection.  The  State-owned 
Forest  Preserve  consists  of  1,825,852  acres,  to  which  it  is 
proposed  to  add  largely.  But  none  of  this  land  is  under 
forest  management;  this,  as  we  have  said,  is  already  for- 
bidden by  the  Constitution.  In  the  meantime  we  are  pre- 
vented by  the  selfish  caprice  of  a  few  millionaires  from 
realizing  so  desirable  a  thing  as  that  which  is  seen  in  Prussia, 
where  the  6,700,000  acres  of  State  forest  yield  a  net  annual 
income  of  $20,500,000,  without  any  deterioration  of  the 
forest  whatever." 


CONSTITUTIONAL  CONVENTION  371 

These  are  but  a  few  of  the  many  authorities  which  might  be 
referred  to  which  indicate  conclusively  the  error  which  will  be 
made  by  this  Convention  if  it  perpetuates  and  still  further  limits 
the  already  too  narrow  policy  in  the  care,  use,  and  development 
of  the  Forest  Preserve,  of  which  the  majority  of  the  Committee 
is  in  favor.  True  conservation  does  not  consist  in  locking  up 
our  resources  where  the  wealth  therein  contained  must  be  forever 
lost,  but  in  the  utilization  of  these  resources  under  wise  regulation. 

Edward  M.  Angell. 

Olin  H.  Landreth. 

Ferris  J.  Meigs. 

Mr.  Whipple  presented  the  following  minority  report : 

MINORITY  REPORT  FEOM  THE  COMMITTEE  ON  CON- 
SERVATION OF  NATURAL  RESOURCES,  AND 
REASONS  THEREFOR 

The  undersigned,  a  member  of  the  Committee  on  Conservation 
of  Natural  Resources,  disagreeing  with  the  Committee's  report  in 
several,  separate  and  distinct  particulars,  makes  the  accompanying 
minority  report  setting  forth  the  reasons  for  disagreeing  and  in 
what  particulars  the  majority  report  should  be  amended,  and 
asks  that  this  dissent  and  minority  report  be  placed  on  the  General 
Orders  calendar  and  considered  in  connection  with  the  majority 
report  in  the  Committee  of  the  Whole. 

Some  of  the  reasons  that  impel  a  disagreement  with  the 
majority  of  the  Committee,  are  as  follows : 

1.  On  the  question  of  the  administrative  features  intended  to 
be  provided  for  by  the  proposed  constitutional  amendment  re- 
ported by  the  majority  of  the  Committee,  it  is  believed  that  the 
plan  so  proposed  by  the  Committee,  which  is  for  an  unpaid  board 
of  nine  members,  is  not  justified  by  experience,  will  be  unwork- 
able, will  prove  inefficient  and  be  a  detriment  to  the  public  service. 

It  is  also  believed  that  the  class  of  men,  who  will  from  necessity 
be  selected  as  members  of  such  a  board,  will  be  men  of  wealth, 
whose  business  interests  require  nearly  all  of  their  time  and 
attention.  That  they,  or  many  of  them,  will  have  little  or  no 
actual  knowledge  of  the  subject  matter  to  be  under  their  control, 
and  no  time  or  disposition  to  give  it  the  constant,  daily  attention 
this  intricate,  many  headed,  difficult  problem  that  is  bounded  by 
the  limits  of  the  State,  demands. 

That  the  conflicting  opinions  of  the  members  of  this  large 
board,  based  upon  insufficient  knowledge  will  result  in  inaction 
and  in  the  end  will  not  produce  good  results. 

The  whole  history  of  the  department  for  more  than  twenty-five 


372  •  JOUKNAL  OF  THE 

years,  establishes  the  fact  that  such  undesirable  results  follow 
when  more  than  one  man  has  been  at  the  head  of  the  commission. 
The  large  commissions  have  always  been  inefficient,  and  made 
little  or  no  progress,  responsibility  has  not  been  centered  and  they 
have  never  worked  well. 

The  State  has  tried  a  commission  of  seven,  then  one  of  four, 
then  one  of  three,  then  one  of  five,  then  one  of  four,  then  one  of 
three,  then  a  single  commissioner,  which  form  was  continued 
until  1911,  when  a  return  was  made  to  a  three  headed  commission 
and  after  again  trying  that  plan  for  four  years  we  are  back  to  a 
single  headed  commission. 

An  examination  of  the  work  in  the  department  will  disclose 
the  fact,  that  there  was  more  constructive  work  done  under  a 
single  headed  commission  from  1903  to  1911,  a  period  of  eight 
years,  than  there  has  ever  been  done  in  a  much  longer  time  by  any 
larger  commission. 

With  this  experience  and  this  record  it  does  not  seem  wise  to 
the  dissenting  member  of  the  Committee,  that  the  State  should 
again  go  back  to  a  larger  commission  and  especially  when  it  is 
to  be  tied  up  for  twenty  years  by  a  Constitution. 

Further,  the  proposal  is  objectionable  because  the  members  of 
the  board  are  to  be  asked  to  give  their  time,  best  services  and  best 
thought  for  a  long  period  of  years  without  pay.  It  sounds  fine 
in  theory  but  to  work  without  pay  never  has  and  never  will  cause 
men  to  do  their  best  for  a  considerable  length  of  time. 

It  is  objectionable  because  responsibility  is  not  centered.  It  is 
objectionable  because  the  Governor  does  not  appoint  the  superin- 
tendent and  have  power  to  remove  him.  In  fact  such  a  board  is 
just  as  objectionable  from  every  standpoint  as  a  like  board  would 
be  for  the  Agricultural  Department,  the  Highway  Department 
and  many  other  departments.  It  would  be  much  like  the  vermi- 
form appendix  in  man,  useless,  and  should  be  cut  off. 

2nd.  The  majority  proposition  makes  no  provision  for  roads  of 
any  kind  through  this  immense  tract  of  forest  land. 

A  park  without  roads  in  the  right  places,  is  of  much  less  use  to 
the  people  than  it  would  be  with  proper  roads. 

What  would  have  been  thought  when  Central  Park  in  the  City  of 
New  York  was  established,  if  no  roads  had  been  provided  for  and 
the  commission  prohibited  from  making  any? 

In  time,  this  wonderful  woodland  park  will  be  to  the  people 
of  the  whole  State  what  Central  Park  is  to  the  people  of  Greater 
New  York. 

These  parks  and  playgrounds  of  the  people  are  for  use.  Easy 
and  convenient  ways  should  be  provided  for  ingress  and  egress. 
Therefore  this  minority  report  suggests  at  least  that  a  State  high- 
way may  be  provided  for  by  the  Legislature,  running  from  Old 


CONSTITUTIONAL  CONVENTION  373 

Forge  northerly  along  the  Fulton  Chain  of  Lakes  and  thence  north- 
erly to  connect  with  some  main  highway  at  or  near  the  Saranac 
Lakes.  Such  a  road  would  run  through  the  most  beautiful  part 
of  the  Adirondacks,  would  furnish  an  acceptable  and  beautiful 
way  from  the  southern  side  to  get  in  and  out,  and  would  afford 
better  opportunity  for  protecting  as  many  as  forty  miles  of  wood- 
land from  fire. 

For  these  reasons  dissent  is  made  to  that  part  of  the  majority 
report. 

3rd.  Inasmuch  as  the  majority  report  provided  that  dead  trees 
and  timber  may  be  taken  out  where  necessary,  for  better  fire  pro- 
tection and  reforestation,  but  declares  such  material  cannot  be 
used,  dissent  is  made  to  that  proposition  because  it  is  not  compre- 
hensive enough. 

There  seems  to  be  no  good  reason  why  such  material  should 
not  be  used  at  least  for  fire  wood  for  domestic  purposes  by  the  res- 
ident people,  (there  are  several  thousand  of  such  people)  some 
revenue  obtained  and  thereby  relieve  a  bad  situation  that  exists 
in  many  places  where  the  people  have  to  pay  as  much  as  $1L00 
a  ton  for  coal,  while  millions  of  cords  of  stove  wood  are  in  sight  in 
dead  and  down  trees,  doing  no  good  to  any  one  and  in  many  in- 
stances making  a  dangerous  situation  and  opportunity  for  more 
fire. 

4th.  Dissent  is  made  to  that  portion  of  the  majority  report  that 
provides  for  permits,  ratifying  and  making  legal  the  occupancy 
on  State  land  of  five  or  six  hundred  people,  who  for  years 
have  been  occupying  the  people's  property  without  legal  authority 
and  in  violation  of  the  provisions  of  the  Constitution.  That  prop- 
osition appears  to  be  a  proposed  premium  on  doing  wrong  and 
to  the  exclusion  of  all  those  who  obey  the  law  and  do  right.  It 
singles  out  a  special  class  who  have  been  violating  the  law,  gives 
them  special  privileges  and  excludes  all  others  from  enjoying  like 
privileges. 

For  the  foregoing  reasons  this  minority  report  is  made  and 
amendments  to  the  majority  report  suggested  in  these  particulars, 
with  the  hope  that  the  reasons  for  dissenting  are  so  plain  and 
reasonable,  that  the  Convention  will  adopt  these  minority  proposi- 
tions. 

J.  S.  Whipple. 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

Article 

Section  1.  The  department  of  conservation  shall  consist  of  a 
single  commissioner,  appointed  by  the  Governor  and  subject  to  re- 
moval by  him  on  charges  after  an  opportunity  to  be  heard.  The 
commissioner's  term  of  office  shall  be  six  years.     His  compensa- 


374  JOURNAL  OF  THE 

tion  shall  be  fixed  by  law.  He  shall  appoint  and  may,  at  pleasure, 
remove  a  deputy  commissioner  and  fix  his  salary.  He  may  also 
appoint  all  necessary  subordinates,  all  of  whom,  shall  be  selected 
from  eligible  lists  from  open  competitive  examination  conducted 
by  the  Civil  Service  Commission. 

Subject  to  the  limitations  in  this  article  contained,  the  depart- 
ment shall  be  charged  with  the  development  and  protection  of  the 
natural  resources  of  the  State;  the  encouragement  of  forestry  and 
the  suppression  of  forest  fires  throughout  the  state;  the  exclusive 
care,  maintenance  and  administration  of  the  forest  preserve;  the 
control,  conservation,  prevention  of  pollution,  and  regulation  of 
the  waters  of  the  State ;  the  protection  and  propagation  of  its  fish, 
birds,  game,  shell-fish  and  Crustacea,  with  the  exclusive  power, 
subject  to  the  veto  of  the  Governor,  to  enact  regulations  with  re- 
spect to  the  taking,  possession,  sale  and  transportation  thereof,  and 
shall  exercise  such  additional  powers  as  from  time  to  time  may 
be  conferred  by  law. 

§  2.  The  lands  of  the  state,  now  owned  or  hereafter  acquired, 
constituting  the  forest  preserve  as  now  fixed  by  law,  shall  be  for- 
ever kept  as  wild  forest  lands.  They  shall  not  be  leased,  sold  or 
exchanged,  or  be  taken  by  any  corporation,  public  or  private,  nor 
shall  the  trees  or  timber  thereon  be  sold,  removed  or  destroyed. 
The  Commission  is,  however,  empowered  to  reforest  lands  in  the 
forest  preserve,  to  construct  fire  trails  thereon,  and  to  remove  dead 
trees  and  dead  timber  therefrom  for  purposes  of  reforestation  and 
fire  protection  solely,  but  shall  not  sell  the  same,  except  for  fire 
wood  for  domestic  purposes. 

§  3.  The  legislature  may  by  general  laws  provide  for  the  use 
of  not  exceeding  three  per  centum  of  such  lands  for  the  construc- 
tion and  maintenance  of  reservoirs  for  municipal  water  supply, 
for  the  canals  of  the  State  and  to  regulate  the  flow  of  streams. 
Such  reservoirs  shall  be  constructed,  owned  and  controlled  by  the 
State,  but  such  work  shall  not  be  undertaken  until  after  the  bound- 
aries and  high  flow  lines  thereof  shall  have  been  accurately  sur- 
veyed and  fixed,  and  after  public  notice,  hearing  and  determina- 
tion that  such  lands  are  required  for  such  public  use.  The  ex- 
pense of  any  such  improvements  shall  be  apportioned  on  the 
public  and  private  property  and  municipalities  benefited  to  the  ex- 
tent of  the  benefits  received.  Any  such  reservoir  shall  always  be  op- 
erated by  the  state  and  the  legislature  shall  provide  a  charge  upon 
the  property  and  municipalities  benefited  for  a  reasonable  return 
to  the  'State  upon  the  value  of  the  rights  and  property  of  the  State 
used  and  the  services  of  the  State  rendered,  which  shall  be  fixed  for 
terms  of  not  exceeding  ten  years,  and  be  readjustable  at  the  end  of 
any  term.  Unsanitary  conditions  shall  not  be  created  or  continued 
by  any  such  public  works. 


CONSTITUTIONAL  CONVENTION  375 

§  4.  The  legislature  may  authorize  the  use  by  the  city  of  New 
York  for  its  municipal  water  supply  of  certain  lands  now  be- 
longing to  the  State  located  in  the  townships  of  Hurley  and 
Shandaken  in  the  county  of  Ulster  and  in  the  township  of  Lex- 
ington in  the  county  of  Greene,  for  just  compensation. 

§  5.  The  legislature  shall,  for  twenty  years  from  and  after 
the  adoption  of  this  Constitution,  provide  annually  by  bond  issue 
or  otherwise,  the  sum  of  not  less  than  $500,000  for  the  purchase 
of  real  property  within  the.  Adirondack  and  Catskill  Parks,  the 
reforestation  of  lands,  and  the  making  of  boundary  and  valuation 
surveys.  Such  funds  shall  be  expended  by  the  Department  of 
Conservation  on  the  approval  of  the  Governor. 

§  6.  The  legislature  may  provide  for  the  construction  of  the 
State  highway  from  Old  Forge  along  the  Fulton  Chain  of  Lakes 
and  thence  to  connect  with  a  highway  at  or  near  the  Saranac 
Lakes. 

§  7.  A  violation  of  any  of  the  provisions  of  this  article  may 
be  restrained  at  the  suit  of  the  people,  or  with  the  consent  of  the 
Supreme  Court  in  Appellate  Division,  on  notice  to  the  Attorney- 
General  at  the  suit  of  any  citizen. 

Mr.  Austin  presented  the  following  minority  report : 

MINOEITY  REPORT  AS  TO  THE  PROPOSED  CONSER- 
VATION  ARTICLE 

With  the  general  policy  proposed  by  the  Conservation  Com- 
mittee as  to  the  preservation  of  the  State's  natural  resources  I 
am  in  entire  accord ;  it  is  only  with  the  methods  by  which  it  pro- 
poses to  carry  out  this  general  policy  that  I  am  at  variance. 

I  dissent  from  the  proposal  for  a  nine-headed  unpaid  Con- 
servation Commission  for  the  reasons  stated  by  Delegate  Whipple 
in  the  minority  report,  submitted  by  him,  and  for  the  further 
reason  that  I  have  very  grave  doubts  as  to  the  advisability  of 
giving  these  nine  unpaid  commissioners  the  absolute  power,  sub- 
ject only  to  executive  veto,  to  make  the  fish  and  game  laws  for  the 
State. 

I  well  realize  the  many  inconsistencies  which  have  arisen  from 
the  multitude  of  fish  and  game  laws  enacted  by  the  Legislature, 
and  I  think  the  Conservation  Department  should  have  much  dis- 
cretion delegated  to  it  in  the  matter  of  protecting  wild  life,  but 
we  are  going  too  far  when  we  say  that  the  Legislature  shall  be 
deprived  of  even  a  reserve  power  over  this  subject. 

I  also  dissent  from  that  part  of  the  majority  report  which  would 
place  in  the  Constitution  a  provision  commanding  the  Legislature 
to  appropriate  at  least  five  hundred  thousand  dollars  annually  for 
the  purchase  of  lands,  reforestation,  the  making  of  surveys,  etc. 


376  JOURNAL  OF  THE 

The  proposal  to  appropriate  specific  sums  of  public  money  by  a 
constitutional  provision,  operative  for  twenty  years  in  the  future, 
does  violence  to  all  our  accepted  principles  of  State  finance,  and 
seems  to  be  indefensible  from  any  view  point.  It  may  well  be 
proper  for  the  Constitution  to  declare  that  sufficient  moneys  be 
provided  by  the  Legislature  to  carry  out  the  State  policy  as  to 
conservation  therein  enunciated,  as  has  been  done  with  reference 
to  canals  by  Section  9  of  Article  VII  of  the  present  Constitution ; 
but  to  command  the  Legislature  to  appropriate  half  a  million  of 
dollars  for  twenty  years  to  come,  regardless  of  conditions,  which 
are  sure  to  change,  and  of  variations  in  the  State  revenues  and 
expenditures  which  are  bound  to  occur,  is  an  entirely  different 
proposition. 

It  is  my  personal  belief,  based  upon  my  own  experience,  that 
an  annual  appropriation  of  the  sum  suggested  will  be  desirable 
for  many  years  to  come,  but  the  appropriation  of  money  to  carry 
out  the  State's  activities  is  essentially  a  legislative  function,  not 
that  of  a  Constitution.  The  necessities  of  one  State  department 
must  be  considered  in  connection  with  the  needs  in  other  directions 
and  the  probable  revenues;  these  cannot  be  absolutely  determined 
■Q.\ey  ten  or  twenty  years  in  advance.  Therefore,  having  defined 
the  general  policy  which  we  believe  the  State  should  pursue,  it 
seems  that  we  should  go  no  further,  for  we  must  assume  that  the 
Legislature  will  provide  the  funds  necessary  to  carry  out  that 
policy,  if  consistent  with  the  other  demands  upon  the  public 
treasury.  Unless  this  be  true  our  entire  theory  of  the  administra- 
tion and  control  of  State  finance  should  be  discarded. 

H.  Lekoy  Austin. 

Mr.  President  announced  the  General  Orders,  none  of  which 
were  moved. 

At  eleven  o'clock  a.  m.,  on  motion  of  Mr.  Wickersham,  the 
Convention  took  a  recess  of  thirty  minutes. 


ELEVEN  O'CLOCK  AND  THIRTY  MINUTES 

The  Convention  again  convened. 
Mr.  D.  Nicoll,  from  the  Committee  on  Rules,  presented  the 
following  report : 

(1)  That  proposed  amendment  No.  758,  General  Order  No.  35, 
be  made  a  special  order  for  Thursday,  August  5th. 

(2)  That  proposed  amendment  Int.  No.  708.  General  Order 
No.  44,  be  made  a  special  order  for  Eriday,  August  6th. 


CONSTITUTIONAL  CONVENTION  377 

(3)  That  proposed  amendment  No.  754,  General  Order  No. 
25,  be  made  a  special  order  for  August  11th. 

(4)  That  after  the  evening  of  Monday,  August  2nd,  the  Con- 
vention sit  from  10  a.  m.  to  1  p.  m.,  from  2  :30  p.  m.  to  5  :30  p.  m., 
and  that  on  the  morning  of  Saturday,  August  7th,  the  further 
modification  of  this  order  of  business  be  considered. 

(5)  That  when  the  Convention  adjourns  to-day  it  adjourns  to 
Monday,  August  2nd  at  8  :30  p.  m. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report,  and  it  was  determined  in  the  affirmative. 

Mr.  Berri  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  500  copies  of  the  Record  of  the  Proceed- 
ings of  the  Convention  be  printed  in  addition  to  the  number  pro- 
vided by  Rule  70,  and  that  the  same  be  distributed  as  provided 
in  Rule  71. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Leggett  was  excused  from  the  session  of  Monday  next. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned  until 
Monday,  August  2nd,  at  8  :30  o'clock  p.  m. 


MONDAY,  AUGUST  2,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  David  H.  Chrestensen,  Nassau. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Thursday,  July 
29th,  was  approved. 

The  President  presented  the  memorial  of  the  Chamber  of  Com- 
merce of  the  city  of  Rochester,  which  was  referred  to  the  Com- 
mittee on  Governor  and  Other  State  Officers,  etc. 

Also,  the  petition  of  the  National  Committee  for  Mental  Hy- 
giene, which  was  referred  to  the  Committee  on  Charities. 

Mr.  Hale,  from  the  Committee  on  Public  Utilities,  to  which  was 
referred  Proposed  Amendment  introduced  by  Mr.  Blauvelt  (No. 
31,  Int.  No.  31),  entitled  "  Proposed  constitutional  amendment 
to  amend  Article  VII  by  adding  a  new  section  relating  to  high- 
ways," reported  in  favor  of  the  passage  of  the  same,  without 


378  JOURNAL  OF  THE 

amendment,  which  report  was  agreed  to,  and  said  proposition  re- 
ferred to  the  Committee  of  the  Whole. 

The  President  announced  the  General  Orders,  three  of  which 
were  moved. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  General  Orders,  being  the 
Proposed  Amendment  entitled  as  follows :  "  Proposed  constitu- 
tional amendment  to  amend  Article  III  of  the  Constitution,  re- 
lating to  the  powers  of  the  Legislature."    (No.  752,  Int.  No.  699.) 

After  some  time  spent  therein,  the  President  resumed  the 
Chair,  and  Mr.  Sheehan,  from  said  committee,  reported  progress 
on  said  Proposed  Amendment  and  the  substitute  offered  therefor 
and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

Also,  the  Proposed  Amendment  entitled  as  follows :  "  Pro- 
posed constitutional  amendment  to  amend  the  Constitution,  by 
inserting  a  new  article  in  relation  to  taxation."  (No.  756,  Int. 
No.  679.) 

Mr.  Sheehan,  from  said  committee,  reported  progress  on  said 
Proposed  Amendment  and  the  amendments  offered  thereto  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

Also,  the  Proposed  Amendment  entitled  as  follows :  "  Proposed 
constitutional  amendment  to  amend  Section  five  of  Article  V  of 
the  Constitution,  by  abolishing  the  Commissioners  of  the  Canal 
Fund,  and  providing  that  the  duties  of  said  commissioners  shall 
devolve  upon  the  Comptroller."     (No.  760,  Int.  No.  363.) 

Mr.  Sheehan,  from  said  committee,  reported  progress  and  asked 
leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  M.  J.  O'Brien,  the  substitute  offered  by  him 
in  the  Committee  of  the  Whole  to  Proposed  Amendment  (No.  752, 
Int.  No.  699)  entitled  "  Proposed  constitutional  amendment  to 
amend  Article  III  of  the  Constitution,  relating  to  the  powers  of 
the  Legislature,"  was  ordered  printed  as  a  document. 


CONSTITUTIONAL  CONVENTION  379 

Mr.  Mealy  presented  the  following : 

August  2,  1915 
To  the  Constitutional  Convention: 

I  hereby  announce  that  because  of  resignation  and  transfers 
to  committees,  the  number  of  general  stenographers,  originally 
twelve,  has  been  reduced  to  nine,  and  that,  therefore  the  demands 
seeming  to  require  it,  I  have  designated  Maude  McGuirk  and 
Mary  Dunphy  as  general  stenographers  to  fill  the  vacancies  thus 
created. 

John  K.  Maeshall, 

Official  Stenographer 

Mr.  Mealy  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  in  accordance  with  the  designation  heretofore 
made  by  the  official  stenographer,  the  Convention  employ  Maude 
McGuirk  and  Mary  Dunphy  as  general  stenographers  at  a  per 
diem  compensation  of  four  dollars,  the  compensation  to  date  from 
the  date  of  this  resolution. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  Weed  was  excused  from  the  sessions  of  August  second,  third 
and  fourth. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


TUESDAY,  AUGUST  3,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President  in 
the  chair. 

Prayer  by  Rev.  Alexander  Wouters,  Brooklyn. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Friday,  July 
30th,  was  approved. 

Mr.  Brackett  presented  the  resolutions  adopted  by  several 
Lodges  of  the  Brotherhood  of  Railroad  Trainmen  in  relation  to 
the  so-called  short  ballot,  which  were  referred  to  the  Committee 
on  Governor  and  Other  State  Officers. 

Also,  the  memorial  of  the  Union  League  Club  upon  the  same 
subject,  which  was  referred  to  the  Committee  on  Governor  and 
Other  State  Officers. 

The  President  presented  the  communication  of  Hon.  Rosslyn 
M.  Cox,  which  was  referred  to  the  Committee  on  Cities. 


380  JOURNAL  OF  THE 

On  motion  of  Mr.  Griffin,  the  amendments  offered  by  him  to 
General  Order  No.  28  were  ordered  printed  upon  the  calendar. 

Mr.  Brackett  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  Committee  of  the  Whole  be  discharged  from 
the  further  consideration  of  proposed  amendment  (No.  717,  Int. 
No.  686)  entitled  "  Proposed  constitutional  amendment  to  amend 
Article  II  of  the  Constitution,  relative  to  the  qualification  of 
voters." 

which  was  agreed  to. 

Said  proposed  amendment  having  been  announced,  on  motion  of 
Mr.  Brackett,  the  same  was  amended  as  follows : 

Line  5,  strike  out  "  acquire  the  right "  and  insert  in  italics 
"  become  entitled  ". 

Line  6,  after  the  word  "  is  "  insert  in  italics  "  also  ". 
Line  7,  strike  out  "  or  "  and  insert  in  italics  "  and  ". 
Strike  out  the  word  "  the  "  and  the  word  "  language  ". 

Ordered,  Reprinted  and  recommitted  to  said  Committee  of  the 
Whole. 

Mr.  S.  K.  Phillips,  from  the  Committee  on  Contingent  Ex- 
penses, to  which  was  referred  the  resolution  relative  to  the  appoint- 
ment of  Charles  H.  Clark  as  drafting  clerk  to  the  Committee  on 
Revision  and  Engrossment,  reported  in  favor  of  the  adoption  of 
the  following  resolution : 

Resolved,  That  Charles  H.  Clark  be  and  hereby  is  appointed 
drafting  clerk  to  the  Committee  on  Revision  and  Engrossment 
at  a  compensation  of  ten  dollars  per  day,  said  appointment  to 
date  from  Tuesday,  August  3,  1915. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  S.  K.  Phillips,  from  the  Committee  on  Contingent  Ex- 
penses, to  which  was  referred  the  resolution  relative  to  granting  a 
leave  of  absence  to  Harmon  J.  Norton  on  account  of  illness  con- 
tracted in  the  service  of  the  State  for  ten  days  with  pay,  reported 
in  favor  of  the  adoption  of  the  resolution : 

Resolved,  That  Harmon  J.  Norton  be  granted  leave  of  absence 
for  ten  days  with  pay  on  account  of  illness  contracted  in  the 
service  of  the  State. 


CONSTITUTIONAL  CONVENTION  381 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  President  announced  the  General  Orders,  three  of  which 
were  moved. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  General  Orders,  being  the 
proposed  amendment  entitled  as  follows: 

"  Proposed  constitutional  amendment  to  amend  Section  one  of 
Article  IX  of  the  Constitution,  in  relation  to  the  supervision  and 
control  by  the  State  of  the  education  of  children."  (No.  749, 
Int.  No.  698.) 

After  some  time  spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Brenner,  from  said  committee,  reported  progress 
and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  granting  leave  to  sit  again,  and 
it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Wickersham,  the  Convention  took  a  recess 
until  2:30  o'clock. 


TWO  O'CLOCK  AND  THIRTY  MINUTES,  P.  M. 

The  Convention  again  convened. 

On  motion  of  Mr.  Wickersham,  the  Convention  resolved  itself 
into  a  Committee  of  the  Whole,  and  continued  the  consideration 
of  the  Proposed  Amendment  entitled :  "  Proposed  constitutional 
amendment  to  amend  Section  1  of  Article  IX  of  the  Constitution, 
in  relation  to  the  supervision  and  control  by  the  State  of  the 
education  of  children."     (No.  749,  Int.  No.  698.) 

After  some  time  spent  therein,  the  President  resumed  the  Chair, 
and,  Mr.  Brenner,  from  said  committee,  reported  in  favor  of  the 
passage  of  the  above  Proposed  Amendment,  which  report  was 
agreed  to  and  said  proposition  ordered  to  a  third  reading. 

Also,  the  Proposed  Amendment  entitled  "  Proposed  constitu- 
tional amendment  to  amend  the  Constitution  by  inserting  a  new 
article  in  relation  to  taxation."     (No.  756,  Int.  No.  679.) 

Mr.  Brenner,  from  said  committee,  reported  progress  and  asked 
leave  to  sit  again. 


382  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Wickersham,  the  proposed  amendments  to 
Proposed  Amendment  (No.  756,  Int.  No.  679)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  the  Constitution,  by 
inserting  a  new  article  in  relation  to  taxation,"  offered  in  the 
Committee  of  the  Whole,  were  ordered  printed  on  the  Calendar. 

Mr.  Austin  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  of  the  .Whole  be  discharged 
from  the  further  consideration  of  Proposed  Amendment  (No. 
758,  Int.  No.  705)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Sections  two,  four,  five,  eleven  and  twelve  of 
Article  VII  of  the  Constitution,  in  relation  to  debts  contracted 
by  the  State." 

which  was  agreed  to. 

Said  proposed  Amendment  having  been  announced,  on  motion 
of  Mr.  Austin,  the  same  was  amended  as  follows: 

Page  2,  line  5,  strike  out  the  word  "  and  "  after  "  direct "  and 
insert  in  place  thereof  the  word  "  or". 

Page  2,  line  9,  after  the  word  "  paid  "  insert  "  from  said  taxes 
and  revenues." 

Page  6,  line  20,  after  the  word  "  debt "  strike  out  the  period 
and  insert  a  semicolon,  followed  by  these  words,  "  the  determina- 
tion of  the  Legislature  as  to  such  comparative  cost  shall  be 
conclusive." 

Page  7,  line  16,  after  the  word  "  State"  insert  "  except  those 
contracted  under  Section  two  of  this  Article." 

Ordered,  Reprinted  and  recommitted  to  said  Committtee  of  the 
Whole. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION  383 

WEDNESDAY,  AUGUST  4,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  Rush  Rhees. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Monday,  August 
2,  was  approved. 

Mr.  President  presented  the  resolutions  adopted  by  the 
Chamber  of  Commerce  of  the  city  of  Geneva,  which  were  referred 
to  the  Committee  on  Public  Utilities. 

Also,  the  communication  of  the  Police  Commissioner  of  the  city 
of  New  York,  which  was  referred  to  the  Committee  on  Charities. 

Mr.  Stimson,  from  the  Committee  on  State  Finances  and  Ex- 
penditures, to  which  was  referred  Proposed  Amendments  (No. 
223,  Int.  No.  221)  entitled  "  Proposed  constitutional  amendment 
f o  amend  Section  four  of  Article  IV,  in  relation  to  the  duties  and 
powers  of  Governor;  compensation;  State  budget." 

(No.  13,  Int.  No.  13)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  IV  of  the  Constitution,  relating  to 
a  budget  commission." 

(No.  19,  Int.  No.  19)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Article  IV  of  the  Constitution  so  as  to  provide 
that  the  Governor  may  attend  any  session  of  the  Legislature,  and 
also  to  provide  for  a  budget." 

(No.  158,  Int.  No.  158)  entitled  "  Proposed  constitutional 
amendment  to  amend  section  twenty-one  of  Article  III  of  the 
Constitution,  in  relation  to  the  appropriation  bills,  by  fixing  the 
date  of  the  fiscal  year  of  the  State." 

(No.  748,  Int.  No.  315)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  III  of  the  Constitution,  relating  to 
the  powers  of  the  Legislature." 

(No.  345,  Int.  No.  341)  entitled  "Proposed  constitutional 
amendment  to  amend  article  V  of  the  Constitution,  in  relation 
to  departmental  estimates  as  a  basis  for  desired  appropriations." 

(No.  428,  Int.  No.  416)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  V  of  the  Constitution,  by  adding  a 
new  section,  in  relation  to  the  duties  of  the  Comptroller  and  the 
appropriation  of  the  public  funds." 


384  JOURNAL  OF  THE 

(No.  444,  Int.  No.  432)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  III  of  the  Constitution,  in  relation 
to  a  State  budget  of  estimated  expenditures  and  the  enactment  of 
appropriation  laws." 

(No.  470,  Int.  No.  458)  entitled  "  Proposed  constitutional 
amendment  to  amend  Sections  twenty-one  and  twenty-two  of 
Article  III,  and  Section  four  of  Article  IV  of  the  Constitution, 
so  as  to  provide  a  scientific  budget  system  for  the  State." 

(No.  510,  Int.  No.  498)  entitled  "Proposed  constitutional 
amendment  to  amend  'Sections  one,  two,  three,  four,  -five,  six, 
seven,  eight  and  nine  of  Article  IV  and  Sections  one,  two,  three, 
four,  five,  six,  seven,  eight  and  nine  of  Article  V  of  the  Consti- 
tution, relating  to  the  organization  of  the  executive  branch  of  the 
government  and  the  powers  and  duties  of  the  Governor  and  other 
State  officers." 

(No.  555,  Int.  No.  540)  entitled  "  Proposed  constitutional 
amendment  to  amend  Sections  one,  two,  three,  four,  five,  six,  seven, 
eight  and  nine  of  Article  IV,  and  'Sections  one,  two,  three,  four, 
five,  six,  seven,  eight  and  nine  of  Article  V,  relating  to  the  organ- 
ization of  the  executive  branch  of  the  government  and  the  pow- 
ers and  duties  of  the  Governor  and  other  State  officers." 

(No.  646,  Int.  No.  630)  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  V  of  the  Constitution,  by  adding  a 
new  section  to  provide  for  a  budget." 

reported  by  proposed  amendment  entitled  "  Proposed  constitu- 
tional amendment  to  amend  the  Constitution,  by  inserting  a  new 
article  in  relation  to  the  budget,  and  to  amend  Section  twenty-one 
of  Article  III  of  the  Constitution"  (Int.  No.  709),  which  was 
read  twice  and  said  committee  reports  in  favor  of  the  passage  of 
the  same,  which  report  was  agreed  to,  and  said  proposed  amend- 
ment ordered  printed  and  referred  to  the  Committee  of  the  Whole. 
Mr.  Stimson,  on  behalf  of  the  Committee  on  State  Finances, 
Revenues  and  Expenditures,  presented  the  following  memoranda : 


CONSTITUTIONAL  CONVENTION  385 

THE  RAPIDLY  INCREASING  GROWTH  OF  GOVERN- 
MENT  EXPENDITURE 

Your  Committee  has  pointed  out  in  its  recent  report  to  the 
Convention  on  Article  VII  of  the  Constitution  the  very  rapid 
increase  in  debt  of  the  State  of  New  York  and  of  its  political 
subdivisions;  it  has  pointed  out  that  the  State  debt,  whether 
measured  in  the  aggregate  or  per  capita,  now  greatly  exceeds  the 
debt  of  every  other  State  in  the  nation  and  that  the  same  is  true 
of  the  debt  of  its  political  subdivisions,  taken  either  in  the  aggre- 
gate or  per  capita.  It  now  invites  attention  to  the  similar  rapid 
increase  in  the  cost  of  the  government  of  the  State.  The  ex- 
penditures out  of  the  general  fund  of  the  State,  exclusive  of 
interest  on  the  canal  and  highway  debts  and  of  the  free  school 
fund,  have  increased  from  $7,163,831.18  in  1885,  to  $42,408,- 
488.24  in  1914.  This  represents  an  increase  in  general  running 
expenses  of  nearly  600  per  cent,  in  thirty  years.  This  increase 
of  expenditures,  as  shown  by  five-year  periods,  is  as  follows : 

1885 $7,163,831  18 

1890  . , , ,  , 7,  200,  05!6  54 

1895  -  - 12,  066,  646  97 

1900 17,  696,  398  85 

1905 • 24,  611,  946  95 

1910  :  .  34,  791,  576  01 

1914  42,  408,  488  24 

During  this  period  the  population  of  the  State  has  increased 
only  82  per  cent.  During  this  period  the  assessed  valuation  of 
real  and  personal  property  liable  to  taxation  in  the  State  has  in- 
creased from  $3,224,682,343  to  $12,070,345,088,  a  percentage  of 
only  274.  Furthermore,  a  large  portion  of  this  increase  in  assessed 
valuation  does  not  represent  a  real  increase  in  property  but  is  due 
either  to  new  methods  of  taxation,  like  the  Special  Franchise  Tax, 
first  levied  in  1899,  or  to  increases  in  percentages  of  assessment, 
as,  for  example,  in  New  York  city,  where  in  1903  the  rate  of 
assessment  was  raised  from  between  67  and  75  per  cent,  to  approxi- 
mately 90  per  cent. 

Until  recently  the  State  has  not  felt  the  strain  of  this  dis- 
proportionate rise  in  expenditures  because  it  has  been  able  to 
meet  them  by  its  revenue  from  indirect  taxation.  But  it  has 
now  become  apparent  that  the  limit  of  indirect  taxation  has  been 
practically  reached.  Indirect  revenues  fell  off  $1,900,000  from 
1913  to  1914  and  the  Governor  in  his  message  of  January  7,  1914, 
stated  that  in  his  opinion  the  maximum  indirect  revenue  had  been 
practicallv  reached. 
*25 


386  JOURNAL  OF  THE 

According  to  the  report  of  the  Census  Bureau  the  governmental 
cost  per  capita  of  the  State  government  of  New  York  rose  from 
$2.47  in  1895  to  $5.41  in  1914,  an  increase  of  235  per  cent,  where 
the  population  of  the  State  had  gained  only  53  per  cent,  during 
nineteen  years.  During  that  period  assessed  valuations  in  the 
State  rose  only  171  per  cent.,  including  both  of  the  fictitious 
increases  above  mentioned.  In  other  words,  the  State  government 
costs  each  resident  more  than  double  the  amount  it  cost  in  1895. 

This  rapidly  increasing  per  capita  cost  of  government  is 
a  phenomenon  which  is  not  peculiar  to  New  York  State  but  is 
occurring  likewise  in  other  State  governments,  and  also  in  the 
Federal  government  although  to  a  less  extent  .than  in  New  York. 
The  cost  of  the  Federal  government  in  thirty  years  prior  to  1908 
has  increased  nearly  400  per  cent.,  while  the  increase  in  the  popu* 
lation  was  less  than  84  per  cent.  The  growth  in  ordinary  ex- 
penditure for  carrying  on  that  government,  excluding  interest  on 
the  public  debt  but  including  payments  for  pensions  and  many 
public  works,  rose  from  $135,000,000  in  1878  to  $637,000,000  in 
190'8.  (See  Statement  of  Hon.  George  B.  Cortelyou,  former 
Secretary  of  Treasury,  in  North  American  Review  for  April, 
1909.) 

Hon.  James  A.  Tawney,  the  last  Republican  Chairman  of  the 
Committee  on  Appropriations  of  the  House  of  Representatives, 
made  the  following  statement  in  1909 : 

"  In  no  period,  except  in  time  of  war,  have  the  expendi- 
tures of  our  national  government  increased  so  rapidly,  both 
in  the  aggregate  and  per  capita,  as  these  expenditures  have 
increased  during  the  past  eight  years.  This  fact  may  well 
cause  our  people  not  only  to  pause  and  consider  the  cause 
of  this  very  large  increase  in  the  annual  expenditure  of  the 
government,  but  also  to  consider  the  necessity  of  checking 
this  growing  tendency  towards  excess." 

The  Hon.  John  J.  Fitzgerald,  the  present  Democratic  Chairman 

of  the  same  Committee  in  the  House  of  Representatives,  in  a 

hearing  before  your  Committee  on  May  26,  1915,  pointed  out 

the  same  rapid  increase  in  the  expenses  of  government  and  said  j 

"  We  have  reached  a  point  in  our  Federal  expenditures,. 

now  aggregating  a  hundred  million  dollars  a  year,  when  it  is 

necessary  either  to  very  greatly  increase  the  taxes  levied  by 

the  Federal  government  or  else  to  curtail  present  activities 

or  stop  expanding  the  activities  of  the  government. 

"We  have  reached  about  the  limit  of  revenue  under  our 
present  systems  and  if  the  government  is  to  continue  to  ex- 
pand and  increase  its  activities  there  must  necessarily  be 
very  greatly  increased  revenues."     (Document  No.  15,  p.  4.) 


CONSTITUTIONAL  CONVENTION  387 

The  same  accelerating  rate  of  the  cost  of  government  is  to  be 
found  throughout  the  States,  although  the  figures  show  that  New 
York  is  the  worst  offender.  The  average  cost  of  government  of 
all  the  States  of  the  Union  rose  105.9  per  cent,  from  1903  to  1913, 
according  to  the  Census  Bureau  figures.  During  that  time  the 
population  of  the  States  rose  only  20  per  cent.  Of  these  the  cost 
of  government  of  the  States  of  the  Middle  Atlantic  division  rose 
160.3  per  cent,  and  of  New  York  State  rose  200.2  per  cent. 

To  sum  up,  we  find  that  throughout  the  country  the  amount  of 
money  spent  on  government,  both  State  and  National,  is  in- 
creasing much  more  rapidly  than  the  population  and  much  more 
rapidly  than  the  sources  of  supply,  in  the  shape  of  property 
subject  to  taxation. 

Undoubtedly  this  increase  of  cost  is  largely  due  to  the  fact  that 
government  has  greatly  extended  its  activities.  There  is  no 
reason  to  suppose,  however,  that  any  real  or  permanent  check  can 
be  put  upon  this  increase.  It  arises  out  of  the  constantly  increas- 
ing complexity  of  modern  life  and  modern  business  and  the  in- 
creasing density  of  our  population.  So  long  as  these  factors  con- 
tinue, greater  and  greater  demands  will  be  made  upon  the  activi- 
ties of  government.  They  represent  an  economic  pressure  which  is 
constantly  growing. 

Out  of  these  facts  arises  the  corresponding  and  increasing  need 
for  sound  financial  methods  in  conducting  the  business  of  govern- 
ment. With  States,  as  with  individuals,  the  habit  of  expenditure 
breeds  extravagance,  and  it  cannot  be  assumed  that  the  comple- 
tion of  particular  projects  will  counteract  the  desire  to  spend, 
America  is  only  at  the  threshold  of  her  problem.  If,  under  our 
present  methods,  the  cost  of  government  has  already  reached  the 
limit  of  reasonable  taxation,  it  only  makes  it  clear  that  we  should 
examine  our  methods  in  order  to  prevent  unnecessary  waste. 

It  has  been  frequently  pointed  out  that  the  United  States  is 
substantially  the  only  civilized  country  where,  in  both  its  National 
and  State  governments,  a  scientific  budget  system  is  unknown.  No 
financial  plan  is  presented  to  our  Legislature  in  public  each  year 
by  the  men  who  are  responsible  for  the  conduct  of  government. 
No  considered  estimates  of  the  future,  no  material  whatever  for 
comparison  with  the  past,  is  presented  by  our  executives  to  the 
Legislature  in  such  a  way  that  that  body  and  the  public  can  under- 
stand them  and  hold  the  spenders  of  our  public  money  responsible ; 
instead,  our  appropriation  and  revenue  bills  are  made  up  in  the 
comparative  secrecy  of  legislative  committees  and  rushed  through 
in  the  hurry  of  the  final  days  of  a  legislative  session. 

The  effect  of  this  looseness  of  method  has  long  been  apparent 
in  the  results  of  our  expenditures.    For  many  years  we  have  been 


388  JOURNAL  OF  THE 

spending  as  much  upon  our  army  as  Germany  has  spent  upon  hers, 
and  a  still  greater  percentage  of  what  France  has  spent  upon  hers, 
but  where  their  expenditure  has  produced  forces  which  are  now 
astonishing  the  world  by  their  size  and  efficiency,  our  expenditures 
from  the  lack  of  the  proper  working  machinery  between  the  execu- 
tive and  Congress  which  a  budget  system  would  supply  has  largely 
been  wasted  upon  unnecessary  army  posts  in  the  districts  of 
influential  congressmen.  The  same  is  true  in  respect  to  our 
navy,  where  money  necessary  for  dreadnoughts  is  spent  on  use- 
less navy  yards  in  favored  localities.  Our  river  and  harbor 
appropriation  bills  have  obtained  the  name  "  Pork  Barrel  Bills  " 
because  their  contents  are  looked  upon  more  from  the  standpoint 
of  the  political  requirements  of  legislators  than  of  national  routes 
of  transportation.  The  same  lack  of  responsible  aim  has  marked 
our  appropriations  for  public  buildings. 

Nearly  thirty  years  ago  this  fundamental  defect  in  our  na- 
tional system  was  pointed  out  by  Mr.  James  Bryce  in  that  leading 
study  of  our  institutions,  The  American  Commonwealth,  where  he 
said,  quoting  an  American  publicist : 

"  A  thoughtful  American  publicist  remarks :  l  So  long 
as  the  debit  side  of  the  national  account  is  managed  by  one 
set  of  men,  and  the  credit  side  by  another  set,  both  sets  work- 
ing separately  and  in  secret  without  public  responsibility, 
and  without  intervention  on  the  part  of  the  executive  official 
who  is  nominally  responsible;  so  long  as  these  sets,  being 
composed  largely  of  new  men  every  two  years,  give  no  atten- 
tion to  business  except  when  Congress  is  in  session  and  thus 
spend  in  preparing  plans  the  whole  time  which  ought  to  be 
spent  in  public  discussion  of  plans  already  matured,  so  that 
an  immense  budget  is  rushed  through  without  discussion  in 
a  week  or  ten  days  —  just  so  long  the  finances  will  go  from 
bad  to  worse  no  matter  by  what  name  you  call  the  party  in 
power.  No  other  nation  on  earth  attempts  such  a  thing  or 
could  attempt  it  without  soon  coming  to  grief,  our  salvation 
thus  far  consisting  in  an  enormous  income  with  practically 
no  drain  for  military  expenditure.'  .  .  .  Under  the  system 
of  congressional  finance  here  described  America  wastes  mil- 
lions annually.  But  here  wealth  is  so  great,  here  revenue 
so  elastic,  that  she  is  not  sensible  of  the  loss.  She  has  the 
glorious  privilege  of  youth,  the  privilege  of  committing  errors 
without  suffering  from  their  consequences."  (The  American 
Commonwealth,  Vol.  I,  pp.  177-179.) 

These  words  were  uttered  over  a  quarter  of  a  century  ago.  The 
figures  of  our  taxable  resources  alluded  to  above  make  it  evident 


389 

that  this  period  of  youthful  privilege  is  now  over  and  that  we  in 
America  can  no  longer  claim  the  same  exemption  from  the  condi- 
tions governing  other  communities. 

In  view  of  the  foregoing  facts  your  Committee  believes  that  the 
only  alternative  to  a  grave  danger  of  general  discontent  arising  out 
of  the  constantly  increasing  burden  of  taxation  is  a  thorough  and 
drastic  revision  of  our  financial  methods. 

Your  Committee  has  made  a  careful  study  of  the  methods  of 
financial  legislation  of  this  State.  It  has  had  before  it  gentlemen 
representing  all  phases  of  legislative  and  executive  activity  of  the 
State  including  men  who  had  held  or  still  occupied  the  positions 
of  Governor,  Comptroller,  Speaker  and  chairman  of  the  principal 
committees  of  both  houses  of  the  Legislature.  It  has  had  before  it 
men  thoroughly  familiar  with  those  activities  in  the  Federal  gov- 
ernment, including  ex-President  Taft  and  Mr.  Fitzgerald,  Chair- 
man of  the  Committee  on  Appropriations  of  the  House  of  Repre- 
sentatives. It  has  examined  into  the  budget  methods  of  the  cities 
of  this  State  and  budget  methods  in  vogue  in  Great  Britain,  Canada 
and  other  countries. 

As  a  result,  it  presents  its  conclusions  as  to  the  chief  defects  in 
the  present  methods  of  financial  legislation  in  the  State  of  New 
York  and  finds  that  the  following  are  the  chief  causes  of  waste  and 
extravagance  in  those  methods : 

DEFECTS  OF  PRESENT  SYSTEM  IN  NEW  YORK  STATE 

I 

Lack     of    Responsible     Revision     of     the     Departmental 

Estimates 

Under  the  Laws  of  1910,  chap.  149,  the  annual  estimates  of  the 
various  departments,  bureaus  and  commissions  of  the  State  are 
to  be  submitted  by  them  to  the  Comptroller  on  November  15th  of 
every  year  for  transmission  to  the  Legislature.  The  Comptroller 
has  no  power  to  revise  or  reduce  these  estimates  when  submitted 
or  even  to  compel  their  timely  submission.  His  only  function  is 
to  assemble  them  and  transmit  them  to  the  Legislature.  No  other 
executive  officer  has  any  power  to  revise  or  co-ordinate  them. 

As  a  result,  they  are  made  up  by  the  various  bureau  chiefs  who 
consider  only  their  own  desires  without  regard  to  the  revenues  or 
other  needs  of  government  and  as  a  result  the  aggregate  of  these 
estimates  mounts  into  a  sum  which  bears  no  responsible  relation 
either  to  any  consistent  plan  for  expenditures  for  the  coming  year 
or  to  any  plan  for  raising  revenue.  In  size  they  are  limited  only  by 
the  enthusiasm  of  each  bureau  chief  for  the  activities  of  his  own 
bureau. 


390  JOUKNAL  OF  THE 

The  evil  is  very  much  aggravated  by  the  fact  that  there  is  no 
adequate  organization  of  these  bureaus  and  commissions  into  a 
limited  number  of  departments.  The  estimates  of  the  various 
officers,  instead  of  being  sent  to  the  Comptroller  through  a  de- 
partmental chief  who  can  revise  and  reduce  the  estimates  of  his 
subordinates,  are  transmitted  directly  to  the  Comptroller.  Almost 
the  only  exception  to  this  lack  of  system  is  in  the  somewhat 
limited  oversight  exercised  by  the  Fiscal  Supervisor  of  Charities. 

As  a  result,  when  these  estimates  reach  the  Legislature  they  are 
regularly  so  high  that  very  little  attention  is  paid  to  them.  They 
are  necessarily  treated  as  mere  requests  for  money  desired  rather 
than  as  responsible  estimates  of  the  amounts  required.  The  Legis- 
lature is  therefore  itself  forced  to  undertake  the  work  of  proposing 
and  formulating  for  the  first  time  a  program  of  the  annual  ex- 
penditures. 

II 

The  Legislature  is  ~Not  the   Proper  Body  to  Prepare  a 
Financial  Plan  of  Expenditure 

Your  Committee  has  reached  the  conclusion  that  the  Legisla- 
ture is  not  the  proper  branch  of  the  government  to  initiate  such  a 
program  of  annual  expenditures  and  that  in  attempting  to  do  so 
it  labors  under  the  following  insuperable  disadvantages : 

(a)  Its  proper  work  is  legislative;  it  has  no  administrative  con- 
trol or  authority  over  the  bureaus  and  departments  through  which 
the  moneys  of  the  State  are  expended  and  necessarily  cannot  have 
such  authority.  It  is  therefore  without  the  consistent  regular  in- 
formation as  to  operating  difficulties,  problems,  methods  and  costs 
which  would  naturally  come  to  the  superior  officer  of  those  bureaus. 
Instead  it  must  act  upon  such  information  as  it  can  acquire 
through  hearings  held  by  committees,  meeting  only  occasionally. 

The  Legislature  cannot  exercise  executive  supervision  to  compel 
a  given  bureau  to  try  to  produce  the  desired  result  with  less  money 
by  adopting  a  more  efficient  method.  It  cannot  exercise  executive 
authority  to  reconcile  conflicts  between  overlapping  or  encroaching 
bureaus  so  as  to  prevent  duplication  of  effort  and  expense.  In  a 
word,  it  cannot  produce  the  constant  necessary  team  play  and  co- 
operation which  is  essential  to  economy. 

(b)  The  Legislature  is  under  the  further  disadvantage  that  its 
members,  instead  of  being  responsible  solely  to  the  State  as  a  whole, 
are  each  responsible  to  and  dependent  upon  a  single  district  of 
the  State.  A  financial  program  made  up  in  the  first  instance 
by  the  Legislature  necessarily  tends  to  represent  a  compromise  or 
bargain  between  different  districts  rather  than  the  viewpoint  of  the 


CONSTITUTIONAL  CONVENTION  391 

State  as  a  whole.  The  treatment  of  the  multitude  of  separate  items 
necessarily  tends  to  that  process  of  give  and  take  which  has  become 
so  common  in  America  as  to  be  stigmatized  by  the  terms  "  log 
rolling  "  and  "  pork  barrel." 

(c)  In  the  third  place,  the  very  fact  that  the  program  is  made 
Up  in  the  Legislature  at  once  tends  to  shield  it  from  real  criticism 
by  the  Legislature.  No  body  can  adequately  criticize  its  own 
work.  This  applies  both  to  criticism  by  the  majority  and  minor- 
ity parties.  A  real  budget  program  presented  by  the  executive 
to  the  Legislature  should  receive,  and  in  other  countries  regularly 
does  receive,  criticisms  and  suggestions,  even  from  the  executive's 
own  party  members.  The  viewpoint  of  the  man  who  grants  money 
is  different  from  the  viewpoint  of  the  man  who  asks  for  it,  even 
when  they  both  belong  to  the  same  party.  Under  our  methods  the 
man  who  makes  up  the  program  is  the  same  man  who  afterwards 
leads  the  debate  on  the  majority  side.  No  criticism  whatever  from 
him  can  be  expected.  It  is  his  own  program.  On  the  other  hand, 
so  far  as  the  minority  is  concerned,  they  also  have  participated  in 
the  work  of  the  committees  and,  to  a  certain  extent,  their  views 
have  also  been  accommodated.  And  even  in  those  cases  where  they 
differ  with  the  program,  inadequate  opportunity  for  the  discus- 
sion of  the  issue  thus  presented  has  been  afforded  under  our 
methods,  as  will  be  shown  under  the  following  subdivision.  As  a 
result,  the  budget  debates  of  the  Legislature,  after  appropria- 
tion bill  has  been  made  up,  have  become  formal  and  perfunctory. 

(d)  Finally,  the  fact  that  no  program  for  consideration  and 
discussion  takes  form  until  the  Legislature  itself  makes  up  the  ap- 
propriation bill,  tends  to  destroy  publicity  and  opportunity  for 
debate.  Instead  of  there  being  an  entire  financial  program  laid 
before  the  Legislature  by  a  responsible  executive  early  in  the  ses- 
sion with  which  every  citizen  in  the  State  can  familiarize  himself, 
comparing  its  items  with  the  corresponding  expenditures  of  pre- 
ceding years,  and  as  to  which,  therefore,  he'  can  put  himself  in  a 
position  to  understand  the  issues  and  debates,  no  citizen  now  in 
the  ordinary  course  learns  anything  of  any  program  until  the 
Ways  and  Means  Committee  reports  the  appropriation  bill  so  lato 
in  the  session  that  there  is  no  opportunity  for  effective  suggestion 
or  criticism.  The  bill  has  then  received  the  approval  of  the 
various  elements  and  leaders  in  committee  and  the  subsequent  dis- 
cussions mean  little.  This  evil  has  been  accentuated  by  the  misuse 
of  the  emergency  message,  under  which,  during  the  past  twenty- 
one  years,  every  appropriation  bill  except  one  has  been  hurried 
through  in  the  final  hours  of  the  session  without  the  necessity  even 
of  being  printed  and  lying  on  the  desks  of  members  for  three  days. 
We  think  it  is  safe  to  say  that  under  ordinary  conditions  not  only 


392  JOURNAL  OF  THE 

is  the  public  ignorant  of  the  items  of  appropriation  bills  until  they 
are  enacted  into  law,  but  the  same  ignorance  applies  to  the  mem- 
bers of  the  Legislature  outside  of  the  one  or  two  men  who  control 
the  conduct  of  the  bill. 

It  is,  therefore,  almost  impossible  to  create  a  real  issue,  a  real 
debate  on  the  subject  of  economy  and  without  the  publicity  of  such 
an  issue  and  such  debate  your  Committee  does  not  believe  that  real 
economy  can  be  attained. 

Ill 

No   Complete  Financial  Program   or  Budget  at  Present 

Exists 
The  third  general  criticism  which  your  Committee  makes  of 
our  present  system  is  that  nowhere,  either  in  the  Legislature  or 
outside,  is  there  now  ever  formulated  or  made  public  a  really 
complete  financial  plan  or  budget.  Such  a  budget,  as  it  is  univer- 
sally understood  in  communities  or  institutions  which  practice 
budget-making,  should  contain  the  following  essential  elements: 

(1)  A  responsible  estimate  of  the  proposed  expenditures  for 
the  coming  fiscal  year. 

(2)  Financial  statements  of  the  current  resources  and  liabili- 
ties of  the  State,  including  its  debts  and  various  funds,  and, 
including,  for  the  purpose  of  comparison,  a  statement  of  its  cur- 
rent expenditures  and  revenues  in  past  years. 

(3)  A  proposition  of  the  new  measures  of  taxation,  if  any, 
#hich  will  be  necessary  to  meet  the  proposed  expenditures  of  the 
coming  year. 

To  see  how  far  short  we  fall  now  of  having  any  such  informa- 
tion available  it  is  only  necessary  to  recall  the  issue  which  arose 
last  winter  between  the  present  State  administration  and  its 
predecessor  over  the  question  as  to  whether  a  direct  tax  of 
$18,000,000  was  needed.  When  it  is  recalled  how  difficult  it  was 
for  the  ordinary  citizen  to  determine  the  rights  of  a  controversy 
over  the  necessity  of  a  tax  amounting  to  nearly  thirty  per  cent, 
of  the  total  revenues  of  the  State,  one  can  form  some  conception 
of  the  confusion  of  our  present  methods  and  the  desirability  of  a 
complete  annual  budget  responsibly  prepared. 

IV 

The  Necessity  of  Restrictions  Against  Additions  to  the 

Budget  on  the  Floor  After  it  is  Prepared 

The  fourth  general  criticism  which  your  Committee  makes  is 

that  there  is  no  restriction  now  imposed  against  additions  at  the 

behest  of  individual  members  being  made  to  the  budget  after  it 


CONSTITUTIONAL  CONVENTION  393 

is  formulated  and  proposed  by  its  f ramers.  Your  Committee  be- 
lieves that  the  absence  of  such  restriction  would  be  fatal  to  any 
budget  system.  The  spirit  of  mutual  accommodation  is  necessarily 
so  strong  between  members  of  all  legislative  bodies  that  without 
protection  against  its  effect  the  best  laid  program  of  financial 
expenditure  is  liable  to  destruction  on  the  floor  of  the  houses. 
Your  Committee  learned  of  an  instance  last  winter  where  an 
appropriation,  the  real  though  not  ostensible  purpose  of  which 
was  to  help  a  member  of  the  Legislature  to  re-election  in  his  own 
district,  after  it  had  been  rejected  by  the  Finance  Committee  of 
the  Senate,  was  forced  through  on  the  floor  of  that  body  by  the 
United  vote  of  both  parties,  the  Chairman  of  the  Finance  Com- 
mittee and  the  leader  of  the  minority  alone  voting  against  it. 

Restrictions  against  such  increases  or  additions  exist  in  the 
Legislatures  of  all  other  English  speaking  countries.     They  orig- 
inated in  the  oldest  standing  rule  of  order  of  the  Llouse  of  Com- 
mons, dated  July  11,  1713,  which  forbids  that  body  to  raise  the 
amount  of  items  presented  in  the  budget.      Similar  restrictions 
exist  in  the  Constitution  of  the  Dominion  of  Canada  as  they  did 
in  the  Constitution  of  the  Southern  Confederacy.     They  are  a 
familiar  and  most  successful  feature  of  the  charters  of  all  the 
largest  cities  of  this   State  and  your  Committee  believes  they 
embody  a  principle  which  is  indispensable  to  successful  budget 
practice.     This  principle  has  been  stated  by  one  writer  as  follows : 
"  Upon  the  creation  of  just  such  a  situation  as  that  the 
efficiency  of  representative  government  depends.   Its  essential 
principle  is  to  fix  the  representatives  so  that  they  cannot 
put  their  hands  into  the  till ;  then  they  will  keep  a  good  watch 
over  those  who  do  handle  the  money.     Congressmen  will  take 
a  very  different  view  of  pork  barrels  from  that  now  held 
when  they  can  no  longer  help  themselves  to  the  pork."  (Ford 
on  the  Cost  of  Our  National  Government,  p.  115.) 


The  Present  System  Reverses  the  Real  Relation  of  the 
Executive  to  the  Legislature  and  Surrenders  Impor- 
tant Powers  to  the  Executive 
Your  Committee  further  finds  that  the  system  of  permitting 
the  Governor  to  veto  items  in  appropriation  bills  prepared  by  the 
Legislature  has  resulted  in  transferring  to  the  Governor,  to  a 
large  extent,  the  historic  function  of  the  Legislature  of  holding 
the  purse  strings  of  the  State.     The  present  system  presents  a  sin- 
gular reversal  of  the  proper  relation  which  should  maintain  be- 
tween the  Executive  and  the  Legislature.     Instead  of  the  Execu- 
tive coming  to  the  Legislature  with  a  request  for  funds,  which  it  is 


394  JOURNAL  OF  THE 

the  province  of  the  Legislature  to  pass  upon  and  either  grant  or 
refuse,  our  system  has  gradually  resulted  in  the  Legislature  pre- 
senting to  the  Executive  appropriation  bills  which  he  is  expected 
to  reduce.  Instead  of  the  man  who  is  to  spend  the  money  pre' 
senting  to  the  body  which  is  to  grant  the  money  his  request  for 
their  final  decision,  the  latter  body,  in  substance,  draw  their  check 
in  blank  and  present  it  to  the  Executive  for  him  to  determine 
how  much  of  it  he  cares  to  use.  Your  Committee  finds  the  present 
system  has  resulted  in  the  Legislature,  under  pressure  of  local 
and  individual  interests,  passing  many  appropriation  bills  with 
larger  aggregate  than  they  believed  to  be  proper  in  reliance  upon 
the  hope  that  the  Governor  would  afterwards  prune  them  down 
to  the  proper  dimensions.  In  other  words,  our  attempt  to  ac- 
complish by  the  use  of  the  Executive  veto  what  elsewhere  has  been 
accomplished  by  the  legislative  rule  against  additions  to  the 
budget  mentioned  under  subdivision  IV  above,  has  very  nearly 
resulted  in  an  abandonment  to  the  Executive  of  the  priceless  legis- 
lative function  of  holding  the  purse.  Our  Legislatures,  instead  of 
placing  upon  themselves  during  their  own  deliberations,  a  self- 
denying  ordinance,  like  the  rule  of  the  House  of  Commons  above 
mentioned,  have  left  it  to  the  Governor  to  make  the  necessary  cor- 
rections afterwards. 

Not  only  is  our  system  an  abandonment  of  essential  legislative 
power,  but  it  is  open  to  other  grave  dangers  to  which  a  proper 
system  would  not  be  open.  Instead  of  presenting  his  budget  at 
the  beginning  of  the  session,  the  Governor  uses  his  veto  power 
after  the  session  is  over,  and  can  make  it  an  instrument  of  punish- 
ment or  reward.  Instead  of  presenting  a  public  plan  of  expend- 
itures and  revenue  which  can  be  subjected  to  the  fullest  publicity 
and  the  most  searching  scrutiny,  and  where  an  attempt  to  recom- 
mend expenditures  for  other  motives  than  the  interest  of  the 
State  as  a  whole  could  be  discovered  and  discussed,  the  Governor 
exercises  his  veto  power  in  a  series  of  disconnected  acts  under 
circumstances  which  make  such  discovery  less  easy. 


VI 

The  Present  System  Prevents  Any  Real  Defense  or 
Criticism  of  the  Budget  in  Public 

Finally,  as  a  result  of  our  present  method,  the  members  of  our 
Legislature  are  deprived  of  adequate  opportunity  to  ask  questions 
in  public  concerning  the  estimates  of  the  men  who  know  most 
about  them. 


CONSTITUTIONAL  CONVENTION  395 

In  those  communities  where  the  budget  is  presented  by  the 
Executive  to  the  Legislature,  it  follows  as  a  natural  matter  of 
course  that  the  men  who  have  prepared  the  estimates  and  the 
financial  program  present  themselves  personally  before  the  Legis- 
lature to  defend  and  to  be  examined  about  them.  The  Legislature 
thus  has  an  opportunity  to  learn  at  first  hand  the  propriety  of 
the  requests  which  are  made  and  to  cross-examine  the  men  who 
make  them  under  such  circumstances  that  the  public  can  get  a 
clear  conception  of  the  strength  and  the  weakness  of  any  pro- 
posed budget.  Such  a  method  of  public  criticism  can  accomplish 
results  which  are  quite  impossible  to  our  present  system  of  com- 
mittee work  which,  at  best,  is  conducted  without  effective 
publicity. 

Recommendations 

Your  Committee  has  prepared  and  presents  herewith  a  pro- 
posed amendment  which  embodies  its  recommendations,  made  for 
the  purpose  of  meeting  the  foregoing  defects  in  our  present  system 
and  of  providing  the  machinery  for  a  budget  system  in  the  State. 
Your  Committee  is  glad  to  report  that  on  many  of  its  conclusions 
and  recommendations  its  members  were  unanimous  and  that  all 
such  recommendations,  after  having  received  careful  discussion, 
are  supported  by  a  large  majority  of  its  members. 

First. — Estimates  must  be  first  revised  and  classified  within  the 
respective  departments 
Your  Committee  were  unanimous  in  their  belief  that  a  system 
should  be  introduced  which  would  compel  a  greater  sense  of 
responsibility  on  the  part  of  department  heads  in  submitting  their 
estimates  of  requirements.  Such  a  reform  will  be  greatly  facili- 
tated in  case  the  recommendations  of  the  Committee  on  Governor 
and  State  Officers  are  adopted  under  which  it  is  proposed  that 
the  various  bureaus,  commissions  and  offices  of  the  State  shall  be 
grouped  into  a  limited  number  of  departments  at  the  head  of 
each  of  which  shall  be  an  executive  chief.  The  amendment 
proposed  by  your  Committee  makes  it  the  duty  of  such  depart- 
ment head  to  classify  the  estimates  of  his  department  according 
to  his  judgment  of  their  relative  importance.  He  is  thus  made  re- 
sponsible that  they  be  presented  in  such  a  way  that  any  subsequent 
pruning  can  be  done  with  intelligence.  This  duty  of  classifica- 
tion will  necessarily  tend  to  make  the  head  of  each  department 
better  acquainted  with  the  needs  of  his  various  bureaus  and  sub- 
ordinates and  will  tend,  in  the  opinion  of  your  Committee,  to 
increase  the  responsibility  which  such  department  head  will  feel 
as  to  his  estimates. 


396  JOURNAL  OF  THE 

Second.  —  The  estimates  should  then  be  revised  and  co-ordinated 
by  a  central  executive  authority 

Your  Committee  were  unanimous  in  believing  that  these  de- 
partmental estimates  should  be  revised  by  a  central  executive 
authority  before  transmission  to  the  Legislature.  This  is  the 
nub  of  a  real  budget  system.  It  means  that  that  executive  author- 
ity must  be  responsible  for  preparing  and  completing  a  con- 
sistent plan  for  the  proposed  expenditures  of  the  State  under 
which  those  proposed  expenditures  will  be  brought  into  proper 
relation  to  the  expected  revenues.  It  means  that  some  central 
authority  on  the  executive  side  of  the  government  must  take  the 
responsibility  of  cutting  down  the  estimates  which  are  too  high, 
of  deciding  between  those  which  are  conflicting,  and  of  recom- 
mending an  aggregate  which  will  bear  a  proper  relation  to  the 
revenues;  it  means  the  introduction  of  a  system  of  planning  and 
foresight  where  none  now   exists. 

Third. — This  central  authority  of  revision  should  be  the  Governor 
The  very  great  majority  of  your  Committee  are  of  the  opinion 
that  this  ultimate  responsibility  of  revising  the  estimates   ana 
preparing  the  budget  must  rest  with  the  Governor. 

(a)  Upon  him  rests  the  constitutional  duty  of  seeing  that  the 
laws  are  enforced.  The  departments  whose  estimates  comprise 
by  far  the  greater  portion  of  the  budget  are  the  instruments 
through  which  he  performs  that  constitutional  duty.  His  rela- 
tion to  them  is  such  as  to  make  it  his  duty  to  constantly  and 
naturally  receive  information  as  to  their  functions  and  puts 
him  in  a  position  to  exercise  that  supervision  over  their  co-opera- 
tion and  team  work  which  is  absolutely  necessary  for  economy. 
He  is  the  man  who  can  insist  that  a  given  department  shall  do 
its  work  with  less  money  or  decide  between  several  departments 
which  is  to  be  given  the  preference  in  respect  to  available  rev- 
enues. He  is  the  man  who,  under  the  present  system,  though 
less  effectively,  makes  a  similar  decision  when  he  prunes  the 
appropriation  bills  with  his  veto. 

(b)  Secondly,  as  the  head  of  the  State  he  is  the  one  who  can 
best  explain  and  defend  a  given  fiscal  policy  to  the  people  of  the 
State  and  he  is  the  one  who,  above  all  others,  is  interested  in 
upholding  before  the  people  of  the  State  a  policy  of  economy 
and  who  should  be  held  responsible  to  them  for  the  success  or 
failure  of  such  policy. 

Fourth. —  Objections  to  a  board  of  revision 
No    board    composed    of   several    co-ordinate    members    could 
perform  these  functions  with   equal   efficiency.      The  necessary 


CONSTITUTIONAL  CONVENTION  397 

authorities  over  subordinates  would  be  absent  and  the  sense  of 
responsibility  would  be  diminished.  , 

(a)  The  State  has  already  made  such  an  experiment  with  a 
board  of  estimate  created  under  chapter  281  of  the  Laws  of  1913 
and  the  defects  above  mentioned  caused  its  complete  failure. 
The  board  there  created  was  composed  of  the  Governor,  Lieuten- 
ant-Governor, President  and  Chairman  of  the  Finance  Committee 
of  the  Senate,  Speaker  and  Chairman  of  the  Ways  and  Means 
Committee  of  Assembly,  Comptroller,  Attorney-General  and  Com- 
missioner of  Efficiency  and  Economy.  It  was  thus  composed  of 
four  legislative  and  five  executive  members,  and  violated  the 
principle  above  referred  to,  which  requires  that  the  function  of 
proposing  a  budget  should  be  separated  from  the  function  of 
disposing  of  it  and  that  the  former  should  belong  to  the  Executive 
and  the  latter  to  the  Legislature.  Although  the  board  under 
the  statute  was  ostensibly  given  ample'  power  for  the  preparation 
and  revision  of  estimates,  it  at  once  became  deadlocked  and  was 
unable  to  agree.  It  failed  wholly  to  formulate  definite  proposals 
and  never  succeeded  in  proposing  any  budget  to  the  Legislature. 
It  was  shortly  abolished  by  statute.  Its  fate  amply  demonstrated 
the  error  of  confusing  instead  of  defining  responsibility. 

(b)  It  has  been  suggested  to  the  Committee  that  the  Comp- 
troller and  the  Attorney-General  should  share  with  the  Governor 
this  responsibility  in  the  matter  of  revising  the  estimates.  Your 
Committee  believes  that  the  Comptroller  should  be  consulted  in 
respect  to  the  budget  but  should  not  be  committed  to  it  in  advance. 
He  is  the  auditing  officer  of  the  State.  His  services  should  be 
at  the  disposal  of  the  Legislature  in  criticising  and  disposing 
of  the  budget.  If  the  Comptroller  were  made  a  member  of  a 
budget  board  he  would  be  committed  to  that  budget  and  his 
subsequent  criticism  would  be  foreclosed  arid  useless. 

The  amendment  which  your  Committee  submits,  therefore, 
provides  that  the  Comptroller  shall  receive  a  copy  of  the  budget 
and  that  he  shall  have  an  opportunity  thereafter  to  present  his 
views  in  regard  to  it  before  the  Legislature.  This  we  believe 
to  be  the  true  function  which  he  should  play. 

As  to  the  Attorney-General,  your  Committee  wholly  fails  to  see 
what  services  he  could  render  in  the  revision  of  the  estimates. 
He  is  not  a  financial  officer ;  he  is  not  the  superior  of  the  depart- 
ments who  render  the  estimates,  and  to  impose  upon  him  such  a 
duty  would  simply  be  an  interference  with  his  functions  as  chief 
law  officer  of  the  State  and  would  impose  a  useless  burden  upon 
him. 


398  JOURNAL  OF  THE 

Fifth. —  Public  hearings  upon  the   budget 

The  amendment  submitted  by  your  Committee  provides  that 
the  Governor  shall  give  public  hearings  upon  the  estimates  at  which 
he  may  require  the  attendance  of  department  heads  and  their 
subordinates.  The  purpose  of  your  Committee  is  to  make  the  func- 
tion of  revision  of  the  estimates  as  public  as  possible.  This  will 
minimize  the  danger  of  unfairness  of  allotment  between  the 
different  activities  of  the  State  and  will  give  an  opportunity  for 
public  information  and  criticism. 

Sixth, —  Estimates  of  Legislature  and  judiciary 
The  Governor's  power  of  revision  should,  in  the  opinion  of 
your  Committee,  not  be  extended  over  the  estimates  of  the  legis- 
lative and  judicial  branches  of  the  State. 

Under  your  Committee's  amendment  such  estimates  are  pre- 
pared by  those  branches  and  transmitted  to  the  Governor.  They 
necessarily  form  an  integral  part  of  the  budget  or  plan  of  ex- 
penditures for  the  ensuing  year  but  the  Governor  is  given  no 
power  to  revise  or  reduce  them  and  may  simply  present  them  to 
the  Legislature  with  such  recommendations  in  respect  to  them  as 
he  may  be  advised.  He,  however,  retains  his  present  power  of 
veto  over  these  estimates. 

Seventh. —  Submission  of  budget  to  Legislature 
The  budget,  when  completed  by  the  Governor,  must  be  sub- 
mitted to  the  Legislature  on  or  before  the  first  of  February.     It 
must  contain  all  of  the  elements  above  specified. 

Your  Committee  believes  that  the  essentials  of  a  complete 
budget  should  be  so  carefully  prescribed  in  the  Constitution  that 
there  will  be  no  danger  of  the  system  failing  from  lack  of  an 
adequate  standard  to  which  future  administrations  must  conform. 
The  experience  of  some  cities  of  the  State  justifies  this  precaution. 
We  believe  that  the  elements  enumerated  in  the  proposed  amend- 
ment contain  such  requisites. 

Your  Committee  believes  that  it  is  essential  that  the  budget 
should  be  presented  as  early  as  possible  in  the  session  and,  after 
careful  investigation,  believes  that  the  first  of  February  will  give 
the  Governor  time  for  its  preparation  and  yet  allow  it  to  reach 
the  Legislature  in  time  for  full  discussion. 

Eighth. —  Appearance   of   Governor,  Comptroller  and  heads  of 

departments  before  ttie  Legislature 

Under  the  proposed  amendment  these  officers  are  to  have  the 

right  and  be  subject  to  the  duty,  when  requested  by  either  house, 

to  appear  and  be  heard  and  to  answer  inquiries  relative  to  the 


CONSTITUTIONAL  CONVENTION  399 

budget.  In  order  to  provide  for  a  proper,  permanent  and 
dignified  system  for  such  appearance,  it  is  made  the  duty  of  the 
Legislature  to  provide  for  the  necessary  procedure  by  law.  This 
right  and  duty  of  appearance  follows  as  a  necessary  corollary  of 
the  budget  system.  Where  such  a  budget  is  prepared  by  one  branch 
of  the  government  and  submitted  to  another,  it  necessarily  carries 
with  it  the  right  to  be  heard  and  the  duty  to  submit  to  interroga- 
tion with  reference  to  the  measures  which  are  thus  proposed.  It 
follows  the  natural  method  by  which  men  in  all  the  affairs  of 
life  dispose  of  such  an  issue,  namely,  by  meeting  face  to  face  in 
discussion  and  interrogation.  It  also  insures  that  the  plans  of  the 
Governor,  embodied  in  the  budget,  will  receive  essential  publicity 
and  criticism  on  the  part  of  the  State.  If  the  budget  has  been 
Unfair  to  any  department  or  bureau,  it  provides  a  means  by  which 
that  fact  can  be  made  public.  If  there  should  be  any  issue  be- 
tween the  Governor  and  the  Legislature  as  to  proper  economy  or 
adequate  expenditure,  it  insures  that  this  issue  will  be  discussed 
in  a  deliberative  forum,  under  parliamentary  rules,  instead  of  as 
now,  merely  upon  the  stump  and  in  the  press.  It  affords  an  in- 
Valuable  opportunity  by  which  the  people's  representatives,  with- 
out the  expense,  excitement  and  necessary  hostility  of  special  in- 
Xrestigations  into  departments,  may  keep  themselves  informed  as 
to  the  financial  working  of  every  branch  of  the  State  government. 
For  these  reasons  "  Question  Day  "  in  the  House  of  Commons 
has  been  called  the  center  of  gravity  of  the  British  constitution. 
(See  Cambridge  Modern  History,  Vol.  VI,  pp.  810-811.) 

Ninth. —  Relation  of  the   Governor  s  "budget  to   other  financial 

legislation 

Your  Committee  has  very  carefully  considered  this  difficult 
question.  On  the  one  hand,  it  is  essential  to  the  success  of  the 
whole  system  that  the  governor's  budget,  when  presented,  be  given 
a  fair  trial  and  that  it  be  considered  on  its  merits  without  the  easy 
temptation  to  the  Legislature  to  throw  it  aside  and  begin  over 
again  a  new  budget  of  its  own ;  on  the  other  hand  your  Committee 
believe  that,  particularly  when  a  new  system  is  thus  being  intro- 
duced, the  Legislature  should  retain  not  only  adequate  power  to 
correct  executive  abuses,  but  the  right  to  initiate  financial  legis- 
lation by  methods  which  will  not  disrupt  the  budget. 

The  amendment  which  your  Committee  presents,  therefore,  pro- 
vides that  the  Legislature,  in  acting  upon  the  budget,  may  reduce 
or  strike  out  but  not  raise  the  items  therein.  It  thereby  applies 
to  the  proposed  bill  the  old  self-denying  ordinance  of  parlia- 
mentary procedure  above  mentioned.  .  To  leave  in  the  Legislature 
the  right  to  raise  those  items  would,  as  your  Committee  believes, 


400  JOUEKAL  OF  THE 

leave  the  door  open  to  an  entire  abandonment  of  the  system  and 
an  immediate  return  to  present  methods  and  would  also  tend  to 
destroy  all  incentive  on  the  part  of  the  Governor  to  prepare  the 
budget  carefully  in  advance  and  present  it  with  a  sense  of  respon^ 
sibility.  But  to  meet  the  objection  that  the  Governor  might  misuse 
his  power  and  either  starve  objects  which  the  Legislature  deems 
worthy  of  trade  with  individuals  or  localities,  the  power  of  initi- 
ation of  financial  legislation  is  left  with  the  Legislature  subject 
to  but  two  restrictions: 

(1)  It  must  not  be  exercised  until  after  the  budget  is  disposed 
of  by  both  houses ;  and 

(2)  Such  appropriations  must  be  made  by  separate  bills,  each 
for  a  single  work  or  object. 

We  believe  that  this  will  adequately  protect  the  budget  system, 
and  yet  keep  it  free  from  executive  abuse.  A  Governor  sincerely 
devoted  to  economy  will  have  the  opportunity  to  present  a  com- 
plete  financial  plan,  drawn  in  the  sole  interest  of  the  State  at 
large.  He  will  have  all  the  aid  which  public  presentation  and 
discussion  can  give  him  in  presenting  that  plan  to  the  Legislature. 
The  Legislature  must  approach  it  in  the  spirit  of  a  fair  critic  and. 
not  of  a  rival  constructor  and  yet,  if  individual  abuses  have  crept 
into  the  budget,  they  can  be  remedied.  The  Legislature  is  left 
free  to  inaugurate  new  State  activities,  provided  it  does  them  in 
the  manner  prescribed.  By  postponing  such  additional  legislation 
until  after  the  budget  has  been  acted  on  both  the  State  and  its. 
representatives  in  the  Legislature  will  have  opportunity  to  fully 
know  all  the  revenue  available,  if  any,  beyond  the  regular  depart- 
mental expenses. 

We  believe  that  this  proposal  will  enlist  in  the  working  out  of 
this  problem  all  of  the  probabilities  for  success  which  can  come 
through  publicity  and  a  sense  of  responsibility  on  both  the  ex^ 
ecutive  and  legislative  branches  of  the  government.  It  also  fol- 
lows closely  all  of  the  lines  of  precedent  which  successful  budgets 
in  other  communities  and  institutions  have  followed  in  the  past. 

Tenth. —  Fiscal  Year.  Expiration  of  Appropriations 
Your  Committee  further  believes  that  the  beginning  of  the 
State's  fiscal  year  should  be  moved  forward  to  July  1,  with  a  view 
to  bringing  the  period  to  be  financed  closer  to  the  time  during 
which  the  estimates  and  budget  for  that  period  must  be  made. 
This  change  would  put  the  termination  of  the  year  to  be  planned 
for  three  months  nearer  to  the  time  when  the  plans  are  made 
than  it  is  under  the  present  system  and  by  so  much  would  facilitate 
more  accurate  forecast.  Finally,  we  believe  that  the  expiration 
of  appropriations  from  time  to  time,  two  years  from  the  date  of" 


CONSTITUTIONAL  CONVENTION  401 

their  enactment,  causes  great  and  unnecessary  confusion.  It  is 
therefore  proposed  that  hereafter  all  appropriations  shall  expire 
three  months  after  the  end  of  a  fiscal  year.  This  would  make 
all  appropriations  expire  simultaneously,  and  yet  would  give  time 
to  permit  the  payment  of  any  bills  accruing  late  in  the  preceding 
.fiscal  year. 

BKIEF  SUMMARY  OF  OBJECTIONS  AND  ANSWERS 

1.  The  fear  that  the  proposed  budget  system  would  deprive  the 
Legislature  of  power  or  dignity  is,  we  believe,  a  complete  miscon- 
ception. On  the  contrary,  the  Legislature  would  be  restricted  only 
to  the  extent  of  being  protected  from  disrupting  influences  while 
considering  the  budget.  It  would  retain  power  of  initiation  there- 
after; and  in  addition,  it  would  be  restored  to  its  lost  position  of 
dignified  and  effective  control  over  appropriations. 

Under  present  methods,  financial  legislation  has  been  in  danger 
of  degenerating  into  a  scramble  for  local  favors  and  privilege ;  the 
proposed  system  makes  it  possible  for  the  Legislature  to  consider 
from  a  State-wide  viewpoint  the  broader  financial  interests  of  the 
State. 

Under  present  methods  the  Legislature  has  been  gradually  sur- 
rendering its  most  vital  power  in  financial  legislation  to  the  execu- 
tive veto.  The  proposed  system  will  restore  that  power  and  make 
it  final. 

2.  Nor  is  there  the  slightest  force  to  the  claim  that  the  proposed 
system  would  give  undue  power  to  the  Governor.  It  would  add 
not  one  iota  to  the  power  that  he  now  possesses  through  the  veto  of 
items  in  the  appropriation  bills.  Whereas  now  that  power  is  sub- 
ject to  no  review  and  thus  may  be  used  as  an  instrument  of  reward 
or  punishment  after  the  legislative  session  is  over,  the  proposed 
system  would  deprive  him  of  his  veto  as  to  budget  items  and  would 
thus  compel  him  to  use  his  influence  in  advance,  in  the  open,  under 
the  fire  of  legislative  discussion  and  the  scrutiny  of  the  entire 
State.  It  would  thus  be  the  Legislature  which  would  have  the 
final  word. 

3.  Of  even  less  weight,  in  the  opinion  of  your  Committee,  are  the 
objections  sometimes  urged  that  the  Governor,  and  especially  a 
new  Governor,  would  not  have  time  to  prepare  a  budget.  It  is  be- 
lieved that  the  burden  would  be  lighter  than  under  the  present 
system  under  which  the  Governor  must  prune  the  appropriations 
within  thirty  days  after  the  session,  under  all  the  added  pressure 
of  reviewing  some  ^.Ye  hundred  other  bills  and  without  any  of  the 
assistance  of  the  previous  classification  by  department  heads  for 
which  the  proposed  amendment  provides. 

26 


402  JOURNAL  OF  THE 

Doubtless  the  burden  would  be  heaviest  on  a  new  executive. 
But  it  is  the  familiar  practice  of  each  new  administration  in  our 
first  and  second  class  cities  to  rely,  to  a  large  extent,  upon  its  pred- 
ecessor for  its  first  budget.  There  is  no  break  in  government  and 
the  system  is  successful,  as  we  believe  it  would  be  in  the  State 
government.  The  lengthening  of  the  Governor's  term  from  two  to 
four  years  would  greatly  aid  the  efficient  and  intelligent  prepara- 
tion of  budgets. 

Undoubtedly  in  budget  making  as  in  virtually  all  other  execu- 
tive work,  much  of  the  work  of  investigation  and  comparison  would 
fall  to  subordinates.  But  in  view  of  the  growing  importance  of 
the  issue  of  economy  and  the  probability  of  a  direct  tax  for  many 
years  to  come,  no  Governor  could  afford  to  shirk  or  delegate  the 
ultimate  decision.  On  the  contrary,  he  would  have  a  new  and 
vital  incentive  to  study  the  machinery  of  the  State.  He  could  not 
risk  the  sure  discovery  of  ignorance  or  neglect.  He  would  be 
under  a  new  compulsion  to  devise  systematic  and  rational  methods 
of  saving,  for  on  him  would  squarely  fall,  as  it  should,  the  respon- 
sibility for  extravagance  and  to  him  would  be  given  as  never  be- 
fore due  credit  for  wise  economy. 

4.  We  have  already  enumerated  some  of  the  reasons  which 
require  and  justify  the  presence  of  the  heads  of  executive 
departments  and  the  government  on  the  floor  of  the  Houses  of  the 
Legislature  in  order  to  defend  and  answer  inquiries  about  the 
budget.  Critics  of  the  budget  system  have  assailed  such  a  pro- 
ceeding as  novel  and  un-American.  To  answer  such  criticism  it  is 
only  sufficient  to  remind  the  Convention  that  this  procedure  was 
practiced  by  the  first  national  administration  of  this  country  under 
President  Washington  and  his  cabinet  officers ;  that  it  has  been  in- 
troduced by  an  American  Congress  into  the  governments  now  in 
force  in  Porto  Rico  and  the  Philippine  Islands ;  that  it  is  a  sys- 
tem in  practice  before  the  local  legislatures  of  many  of  the  largest 
cities  of  this  State ;  and  that  it  was  strongly  advocated  by  Justice 
Story  in  his  Commentaries  on  the  Constitution,  and  that  it  has 
since  been  earnestly  recommended  by  a  long  line  of  American 
statesmen,  including  Presidents  Taft  and  Wilson,  and  Senators 
George  H.  Pendleton,  James  G.  Blaine,  John  J.  Ingalls,  W.  B. 
Allison,  O.  H.  Piatt,  Elihu  Root  and  James  W.  Wadsworth,  Jr. 
A  practice  recommended  by  such  precedents  and  such  authorities 
cannot  be  justly  criticised  as  un-American. 

In  concluding,  your  Committee  fully  recognizes  the  difficulty  of 
the  subject  and  the  responsibility  involved  in  suggesting  changes, 
no  matter  how  well  supported  by  authority  and  experience,  into 
any  system  rooted  in  long-accustomed  usage.  But  it  has  been  forti- 
fied in  its  conclusions  by  recent  investigations  in  other  States, 


CONSTITUTIONAL  CONVENTION  403 

notably  Minnesota,  Iowa  and  Illinois,  which  resulted  in  recom- 
mendations essentially  similar  to  those  here  made.  It  believes  that 
the  system  which  it  advocates  would  make  possible  in  this  State  a 
much  needed  adjustment  of  expenditures  to  revenues,  and  that  it 
would  bring  into  the  finances  of  New  York  simple  and  common 
sense  principles  long  familiar  and  admittedly  indispensable  in  the 
affairs  of  everyday  American  business. 

Respectfully  submitted  for  the  Committee, 

Henry  L.  Stimson, 

Chairman. 

Mr.  Clinton,  from  the  Committee  on  Canals,  reported  by  pro- 
posed amendment  entitled  "  Proposed  constitutional  amendment 
to  amend  Section  eight  of  Article  VII  of  the  Constitution"  (Int. 
No.  710),  which  was  read  twice  and  said  Committee  reports  in 
favor  of  the  passage  of  the  same,  which  report  was  agreed  to,  and 
said  proposed  amendment  ordered  printed  and  referred  to  the 
Committee  of  the  Whole. 

Mr.  Clinton,  from  the  Committee  on  Canals,  submitted  the 
following  statement  of  the  reasons  for  the  proposal  to  amend : 

The  approaching  completion  of  the  Barge  canal  improvement 
has  made  it  necessary  to  amend  Section  8  of  Article  VII  by  de- 
fining the  canals  to  which  the  prohibition  against  sale,  lease  and 
other  disposal  in  the  present  Constitution,  applies.  The  reten- 
tion of  the  language  now  in  the  Constitution  might  possibly  lead 
to  a  misconstruction,  it  at  least  would  leave  the  intent  open  to 
misinterpretation.  In  addition  to  this,  questions  have  arisen 
heretofore  in  the  courts,  as  to  what  properties  used  in  connection 
with  the  canals  were  to  be  considered  parts  of  them  so  as  to  be 
within  the  prohibition  against  sale,  etc.  The  Committee  has 
therefore  added  to  the  language  of  the  Constitution,  clauses 
which  are  intended  to  include  within  the  prohibition,  canal  termi- 
nals the  Erie,  the  Oswego,  the  Champlain  and  the  Cayuga  and 
Seneca  canal,  as  the  same  will  be  improved  and  become  part  of 
the  Barge  canal  system,  at  the  same  time  preserving  the  applica- 
tion of  the  prohibition  to  the  Black  River  canal.  Language  has 
been  used  which  saves  as  a  portion  of  the  Barge  canal  system, 
those  parts  of  the  existing  canals  which  have  been  preserved  as  a 
part  of  that  system  by  existing  statutes,  which  are  either  amend- 
ments to  the  laws  under  which  the  Barge  canals  are  being  con- 
structed, or  separate  statutes.  The  parts  so  preserved  are,  in 
some  instances,  needed  auxiliaries  as  terminals  or  to  connect  with 


404  '       JOURNAL  OF  THE 

the  Barge  canals,  manufacturing  localities  which  would  otherwise 
be  cut  off  from  direct  connection  with  the  improved  canals.  These 
are  not  many  and  do  not  impose  upon  the  State  the  maintenance 
of  any  considerable  portion  of  the  old  canals. 

In  addition  to  the  parts  preserved  by  existing  statutes  the 
Committee,  after  careful  consideration,  has  concluded  that  the 
existing  inland  Erie  canal  from  Tonawanda  creek  to  connection 
with  the  Black  Rock  Harbor,  and  canal  slips  1  and  2  in  the  City 
of  Buffalo  should  be  made  a  part  of  the  Barge  canal  system,  even 
though  not  enlarged  to  Barge  canal  capacity  at  present.  Slips 
1  and  2  in  the  City  of  Buffalo  are  needed  for  terminal  purposes 
and  should  not  be  abandoned;  and  the  inland  Erie  canal  from 
Tonawanda  creek  to  Black  Rock  Harbor,  your  Committee  is  de- 
cidedly of  the  opinion,  should  be  saved  as  a  part  of  that  system 
in  order  to  enable  west  bound  boats  with  partial  cargoes  or 
without  cargoes  to  reach  Buffalo  from  Tonawanda  creek  without 
proceeding  up  Niagara  river  against  the  heavy  current. 

Under  existing  statutes  the  present  Erie  canal  is  preserved 
from  Rome  to  Mohawk  passing  through  the  City  of  Utica.  This 
was  done  because  the  Barge  canal  passes  so  far  to  the  north  of 
the  manufacturing  districts  in  that  city  that  the  expense  to 
manufacturers  of  shipping  by  the  Barge  canal  would  be  greatly 
increased  if  connection  by  the  existing  Erie  canal,  both  east  and 
west,  were  not  retained.  However,  the  saving  of  this  part  of  the 
Erie  canal  in  the  City  of  Utica  prevents  the  improvement  of  the 
grade  of  the  city  streets  at  and  in  the  vicinity  of  bridges  crossing 
the  canal.  To  relieve  the  municipal  conditions  and  at  the  same 
time  to  save  for  the  manufacturing  industries,  connection  with 
the  Barge  canal  through  the  existing  Erie  canal,  your  Committee 
has  deemed  it  wise  to  insert  language  in  the  proposed  amendment 
which  will  permit  the  present  Erie  canal  between  Schuyler  and 
Third  streets  in  Utica  to  be  disposed  of  on  condition  that  a  flow 
of  sufficient  water  from  Schuyler  to  Third  streets  be  maintained, 
as  may  be  done  by  means  of  pipes  or  other  conduits.  This 
proposed  amendment  protects  the  manufacturing  industries  and 
will  permit  the  lowering  of  the  bridges  and  the  street  grades. 

In  view  of  the  approaching  completion  of  the  Barge  canal 
system,  efforts  have  been  made,  and  will  continue  to  be  made,  to 
secure  portions  of  the  canals  which  may  be  abandoned  for  par- 
ticular municipal  and  private  purposes.  In  the  opinion  of  your 
Committee  this  practice  should  be  stopped  as  the  result  must  be, 
if  it  be  allowed  to  continue,  that  abandonment  will  not  be  properly 
safeguarded  and  the  State  will  not  receive  proper  compensation. 
Your  Committee  has  therefore  proposed  an  amendment  to  the 


CONSTITUTIONAL  CONVENTION  405 

effect  that  abandonment,  sale  or  other  disposition  of  canals  or 
canal  property  which  shall  cease  to  be  a  portion  of  the  canal  system 
of  the  State  shall  be,  pursuant  to  general  laws,  only,  which  shall 
secure  to  the  State  the  fair  value  of  the  property. 

Question  having  arisen  under  a  recent  decision  of  the  Court 
of  Appeals  as  to  what  the  title  of  the  State  to  property  appro- 
priated to  canal  purposes  is,  your  Committee  has  deemed  it  wise 
to  propose  an  amendment  that  announces  that  title  to  be  in  fee. 

Maintenance  of  the  supply  of  water  for  the  canals,  to  protect 
commerce  and  navigation,  and  control  over  the  flow  of  water  in 
the  prisms  and  channels,  is  paramount  to  the  use  of  canal  waters 
for  any  other  purpose.  Nevertheless,  in  certain  localities  and 
under  certain  circumstances  (dependent  upon  the  supply  of  water) 
there  is  at  times  more  water  than  is  needed  for  navigation,  the  use 
of  which  for  power  purposes  can  be  permitted,  subject  to  such  con- 
trol as  will  prevent  creation  of  currents  which  will  be  impediments 
to  navigation.  This  has  been  recognized  heretofore  and  leases  have 
been  granted  for  the  use  of  surplus  waters  which  in  their  operation 
have  been  exceedingly  detrimental  and  which  have  not  com- 
pensated the  State  fairly  for  supplying  the  waters  to  the  lease- 
holders. Your  Committee  has  therefore  deemed  it  necessary,  for 
the  protection  of  the  State,  to  propose  an  amendment  permitting 
the  leasing  of  surplus  waters  provided  that  the  use  thereof  shall 
not  in  any  way  injure,  impair,  interfere  with,  or  endanger  navi- 
gation or  the  construction,  use,  maintenance,  operation,  the  safety 
of  the  canals  or  of  other  property  of  the  State.  Your  Committee 
has  deemed  it  wise  that  no  lease  shall  be  granted  in  perpetuity  and 
that  there  shall  be  reserved  to  the  State  the  right,  whenever  in 
the  opinion  of  those  having  charge  of  the  management  and  opera- 
tion of  the  canals,  the  needs  of  navigation  required  to  terminate 
or  suspend  the  same  and  to  regulate  and  alter  the  amount  of 
water  to  be  used  thereunder. 

Mr.  President  announced  the  General  Orders,  three  of  which 
were  moved. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole, 
and  proceeded  to  the  consideration  of  General  Orders,  being 
Proposed  Amendment  entitled :  "  Proposed  constitutional  amend- 
ment to  amend  the  Constitution,  by  inserting  a  new  article,  in 
relation  to  taxation."     (No.  756,  Int.  No.  679.) 

After  some  time  spent  therein,  the  hour  of  one  o'clock  p.  m. 
having  arrived,  the  Convention  took  a  recess  until  two  o'clock 
and  thirty  minutes  p.  m. 


406  JOURNAL  OF  THE 

TWO  O'CLOCK  AND  THIRTY  MINUTES,  P.  M. 

The  Convention  again  convened,  and  proceeded  in  the  Com- 
mittee of  the  Whole  with  the  consideration  of  Proposed  Amend- 
ment entitled  "  Proposed  constitutional  amendment  to  amend  the 
Constitution,  by  inserting  a  new  article  in  relation  to  taxation." 
(No.  756,  Int.  No.  679.) 

Also,  the  "  Proposed  constitutional  amendment  to  amend  Sec- 
tion 15  of  Article  I  of  the  Constitution  of  the  State  of  New  York,, 
in  relation  to  Indians."     (No.  769,  Int.  No.  707.) 

After  some  time  spent  therein,  the  President  resumed  the 
chair,  and  Mr.  F.  L.  Young,  from  said  committee,  reported  prog- 
ress and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again,, 
and  it  was  determined  in  the  affirmative. 

Also,  the  committee  proceeded  to  the  consideration  of  Proposed 
Amendment  entitled :  "  Proposed  constitutional  amendment  to 
amend  Sections  6  and  7  of  Article  IV  of  the  Constitution,  in 
relation  to  succession  to  the  office  of  Governor."  (No.  744,  Int. 
No.  385.) 

After  some  time  spent  therein,  the  President  resumed  the 
chair,  and  Mr.  F.  L.  Young,  from  said  committee,  reported  in 
favor  of  the  passage  of  the  above  Proposed  Amendment,  which 
report  was  agreed  to  and  said  proposition  ordered  to  a  third 
reading. 

Also,  The  committee  proceeded  to  the  consideration  of  the 
Proposed  Amendment  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  6  of  Article  III  of  the  Constitution,  in 
relation  to  the  compensation  and  expenses  of  members  of  the 
Legislature."     (No.  741,  Int.  No.  697.) 

After  some  time  spent  therein,  the  President  resumed  the  chair, 
and  Mr.  F.  L.  Young,  from  said  committee,  reported  in  favor  of 
the  passage  of  the  above  Proposed  Amendment,  which  report 
was  agreed  to  and  said  proposition  ordered  to  a  third  reading. 

THOSE    WHO    VOTED    IN    THE   AFFIRMATIVE 


Adams 

Curran 

Law 

Parmenter 

Smith  R  B 

Ahearn 

Dahm 

Leary 

Parsons 

Smith  T  F 

Aiken 

Daly 

Leggett 

Phillips  S  K 

Stanchfield 

Angell 

Dennis 

Lennox 

.  Potter 

Standart 

CONSTITUTIONAL  CONVENTION 


407 


Austin 

Dick 

Lincoln 

Reeves 

Stimson 

Baldwin 

Donnelly 

Linde 

Rhees 

Stowell 

Bannister 

Dooling 

Lindsay 

Rodenbeck 

Tanner 

Barrett 

Doughty 

Low 

Rosch 

Tuck 

Baumes 

Dykman 

Martin  F 

Ryan 

Unger 

Bayes 

Eisner 

Mathewson 

Ryder 

Van  Ness 

Beach 

Endres 

Mealy 

Sanders 

Wagner 

Bernstein 

Eppig 

Mulry 

Sargent 

Ward 

Blauvelt 

Fobes 

Newburger 

Saxe  J  G 

Webber  C  A 

Bockes 

Frank 

Nicoll  C 

Saxe  M 

Westwood 

Brenner 

Green 

Nicoll  D 

Schoonhut 

White  C  J 

Bunce 

Greff 

Nixon 

Sears 

Wickersham 

Burkan 

Haffen 

Nye 

Sharpe 

Wiggins 

Buxbaum 

Jones 

O'Brian  J  L 

Sheehan 

Williams 

Byrne 

Kirk 

O'Brien  M  J 

Shipman 

Winslow 

Cobb 

Landreth 

Olcott 

Slevin 

Wood 

Coles 

Latson 

Parker 

Smith  A  E 

Young  F  L     105 

THOSE 

WHO  VOTED   IN 

THE   NEGATIVE 

Allen  FC 

Cullinan 

Hale 

Meigs 

Smith  E  N 

Barnes 

Deyo 

Johnson 

Mereness 

Steinbrink 

Berri 

Dunlap 

Kirby 

Ostrander 

Wadsworth 

Betts 

Dunmore 

Marshall 

Pelletreau 

Young  C  H 

Brackett 

Ford 

Martin  L  M 

Schurman 

President          25 

The  hour  of  adjournment  having  arrived,  the  President  de- 
clared the  Convention  adjourned. 


THURSDAY,  AUGUST  5,  1915 

The  Convention  met  pursuant  to  adjournment,  the  President  in 
the  chair. 

Prayer  by  Rev.  Henry  A.  Miller. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Tuesday, 
August  3rd,  was  approved. 

Mr.  Wickersham  moved  to  reconsider  the  vote  by  which  the 
report  of  the  Committee  of  the  Whole  in  favor  of  the  passage 
of  proposed  amendment  (Xo.  741,  Int.  No.  697)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Section  six  of  Article 
III  of  the  Constitution,  in  relation  to  the  compensation  and  ex- 
penses of  members  of  the  Legislature,"  was  agreed  to. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  to  reconsider,  and  it  was  determined  in  the 
negative. 


408 


JOURNAL  OF  THE 


THOSE   WHO 

VOTED   IN    THE   AFFIRMATIVE  I 

Allen  F  C 

Dow 

Martin  L  M 

Parmenter 

Steinbrink 

Angel! 

Dunmore 

Marshall 

Parsons 

Tanner 

Berri 

Fancher 

Meigs 

Pelletreau 

Wadsworth 

Betts 

Ford 

Mereness 

Quigg 

Wickersham 

Brackett 

Johnson 

O'Brian  J  L 

Rhees 

Young  C  H 

Cullinan 

Kirby 

Olcott 

Schurman 

President 

Deyo 

Low 

Ostrander 

Smith  E  N 

THOSE  WHO  VOTED  IN 

THE  NEGATIVE 

: 

Adams 

Curran 

Landreth 

Reeves 

Stimson 

Aiken 

Dahm 

Latson 

Richards 

Stowell 

Austin 

Dab- 

Law 

Rodenbeck 

Tiernev 

Baldwin 

Dennis 

Leary 

Rosch 

Tuck  " 

Bannister 

Dick 

Leggett 

Ryan 

Unger 

Barrett 

Donovan 

Lennox 

Ryder 

Vanderlyn 

Baumes 

Dooling 

Lincoln 

Sanders 

Van  Ness 

Bayes 

Doughty 

Linde 

Sargent 

Wagner 

Beach 

Dykman 

Lindsay 

Saxe  J  G 

Ward 

BeU 

Eisner 

McLean 

Schoonhut 

Webber  C  A 

Blauvelt 

Eppig 

Martin  F 

Sears 

Westwood 

Bockes 

Fobes 

Mathewson 

Sharpe 

Wheeler 

Brenner 

Foley 

Newburger 

Sheehan 

Whipple 

Burkan 

Franchot 

Nixon 

Shipman 

White  C  J 

Buxbaum 

Frank 

Nye 

Slevin 

Wiggins 

Byrne 

Greff 

O'Brien  M  J 

Smith  A  E 

Williams 

Clearwater 

Griffin 

Owen 

Smith  R  B 

Winslow 

Clinton 

Haffen 

Parker 

Smith  T  F 

Wood 

Cobb 

Harawitz 

Phillips  J  S 

Stanchfield 

Young  F  L 

Coles 

Jones 

Potter 

Standart 

34 


99 

Mr.  Landreth  presented  a  memorial  from  the  residents  of  the 
Thirty-first  Senatorial  District,  which  was  referred  to  the  Com- 
mittee on  Civil  Service. 

Mr.  Linde  presented  a  memorial  from  the  residents  of  the  Tenth 
Senatorial  District,  which  was  referred  to  the  Committee  on  Civil 
Service. 

Mr.  Schoonhnt  presented  a  memorial  from  the  residents  of  the 
county  of  Erie,  which  was  referred  to  the  Committee  on  Civil 
Service. 

Mr.  Byrne  presented  a  memorial  from  the  residents  of  the  Fifth 
Senatorial  District,  which  was  referred  to  the  Committee  on  Civil 
Service. 

Mr.  Griffin  presented  a  memorial  of  the  residents  of  the 
Twenty-second  Senatorial  District,  which  was  referred  to  the 
Committee  on  Civil  Service. 

Mr.  Donovan  presented  a  memorial  of  the  residents  of  the 
Twenty-first  Senatorial  District,  which  was  referred  to  the  Com- 
mittee on  Civil  Service. 


CONSTITUTIONAL  CONVENTION  409 

Mr.  Marshall  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Charities  be  discharged 
from  the  further  consideration  of  proposed  amendment  (No.  331, 
Int  No.  327)  entitled  "  Proposed  constitutional  amendment  to 
amend  Sections  eleven,  twelve,  thirteen  and  fifteen  of  Article 
VIII  of  the  Constitution,  in  relation  to  the  State  Board  of  Chari- 
ties, providing  for  visiting  and  inspecting  of  public  and  private 
institutions  and  societies,"  and  that  said  motion  lie  upon  the  table. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  to  lay  upon  the  table,  and  it  was  determined 
in  the  affirmative. 

Mr.  Blauvelt  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  of  the  Whole  be  discharged  from 
the  further  consideration  of  proposed  amendment  (No.  31,  Int. 
No.  31)  entitled  u  Proposed  constitutional  amendment  to  amend 
Article  VII  by  adding  a  new  section  relating  to  highways." 

which  was  agreed  to. 

Said  proposed  amendment  having  been  announced,  on  motion 
of  Mr.  Blauvelt,  the  same  was  amended  as  follows: 

Page  1,  after  the  enacting  clause  and  before  line  1,  insert  the 
following  paragraph : 

"Article  seven  of  the  Constitution  is  hereby  amended  by  insert- 
ing therein  at  the  end  thereof  a  new  section  to  be  section  thirteen  to 
read  as  follows :" 

Page  1,  line  1,  strike  out  the  matter  preceding  the  section  mark. 

Page  1,  line  3,  before  u  section  "  insert "  law  enacted  under  ". 

Page  1,  line  7,  strike  out  everything  after  the  comma  and  all  of 
lines  8  to  11,  inclusive,  and  insert  in  place  thereof  "  shall  be  ap- 
plied by  the  State  Commission  of  Highways  to  the  construction 
and  improvement  of  such  State  routes  and  portions  thereof,  as  de- 
fined by  law  when  said  bonds  were  authorized,  and  located  outside 
of  said  counties,  as  it  may  deem  expedient." 

Change  the  entire  section  to  italics  including  the  foregoing  in- 
serts. 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

Mr.  Cullinan,  from  the  Committee  on  Suffrage,  to  which  com- 
mittee were  referred  several  proposed  constitutional  amendments 
relative  to  the  registration  of  absent  electors,  reported  by  proposed 


410  JOURNAL  OF  THE 

constitutional  amendment  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  four  of  Article  II  of  the  Consti- 
tution, in  respect  to  the  enactment  of  election  and  registration 
laws  "  (Int.  No.  Til),  which  was  read  twice,  and  said  committee 
reports  in  favor  of  the  passage  of  the  same,  which  report  was 
agreed  to,  and  said  proposed  amendment  ordered  printed  and 
referred  to  the  Committee  of  the  Whole. 

Mr.  Wadsworth,  from  the  Committee  on  Charities,  to  which 
was  referred  proposed  amendment  introduced  by  Mr.  Steinbrink 
(No.  378,  Int.  No.  371),  entitled  "Proposed  constitutional 
amendment  to  amend  Section  eleven  of  Article  VIII  of  the  Con- 
stitution, in  relation  to  the  duties  and  powers  of  the  State  Com- 
mission in  Lunacy,"  reported  in  favor  of  the  passage  of  the  same, 
with  the  following  amendments: 

Page  1,  line  11,  after  the  word  "  lunacy  "  insert  in  italics  the 
word  "  ill  " ;  also,  strike  out  the  words  "  continue  to  have  "  and  in 
place  thereof  insert  in  italics  the  word  "  remain  ". 

Page  2,  line  4,  strike  out  the  word  "  the •". 

which  report  was  agreed  to,  and  said  proposition  ordered  reprinted 
as  amended,  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Wadsworth,  from  the  Committee  on ,  Charities,  presented 
the  following  memorandum: 

Albany,  N.  Y.,  August  4,  1915 
To  the  Delegates  to  the  Constitutional  Convention: 

The  Committee  on  Charities  of  the  Constitutional  Convention 
desires  to  call  your  attention  to  the  provisions  of  the  enclosed 
amendment  (No.  378,  Int.  No.  371),  introduced  by  Mr.  Stein- 
brink, and  hereby  reported  for  your  favorable  consideration. 

The  importance  of  the  department  for  the  insane  is  shown  by  the 
fact  that  it  includes  14  hospitals,  over  33,000  patients,  6,000  em- 
ployees and  200  medical  officers.  The  appropriations  necessary 
for  caring  for  the  insane  and  providing  for  their  proper  accommo- 
dation during  the  next  fiscal  year  amount  to  approximately  eight 
and  one-half  million  dollars.  The  total  number  of  admissions  to 
the  hospitals  during  the  last  fiscal  year  amounted  to  7,956  and 
the  discharges  to  7,264.  The  average  annual  increase  in  popula- 
tion has  amounted  to  about  800  patients  during  the  last  fifteen 
years.  This  is  now  the  largest  undertaking  of  a  medical  and 
curative  nature  maintained  by  any  government  in  the  world,  and 
by  the  time  of  the  next  Constitutional  Convention  the  population  of 


CONSTITUTIONAL  CONVENTION  411 

the  hospitals  will  undoubtedly  reach  50,000  or  60,000  and  the 
number  of  employees  10,000. 

The  accompanying  proposal  amends  Section  11  of  Article  VIII 
of  the  present  Constitution  and  continues  "  a  state  commission  in 
lunacy  in  which  shall  remain  the  management  and  fiscal  control  of 
the  state  hospitals  for  the  insane  (not  including  institutions  for 
criminals  and  convicts)  except  insofar  as  such  management  may 
now  or  hereafter  be  delegated  by  the  legislature  to  local  boards  of 
managers." 

Section  11,  as  it  reads  at  present,  authorizes  the  State  Commis- 
sion in  Lunacy  to  visit  and  inspect  all  institutions  either  public 
or  private  used  for  the  care  and  treatment  of  the  insane  (not 
including  institutions  for  epileptics  or  idiots). 

Section  13  of  the  Constitution  of  1894  provided  that  "  existing 
laws  relating  to  institutions  referred  to  in  the  foregoing  sections 
and  to  their  supervision  and  inspection,  insofar  as  such  laws  are 
not  inconsistent  with  the  provisions  of  the  Constitution,  shall  re- 
main in  force  until  amended  or  repealed  by  the  Legislature."  This 
section  indicates  that  the  Constitution  of  1894  intended  to  recog- 
nize not  only  the  power  of  the  Commission  to  visit  and  inspect  in- 
stitutions for  the  insane,  but  fully  recognized  the  financial  control 
of  the  institutions  conferred  upon  the  Commission  by  the  Legisla- 
ture in  1893  and  the  general  administrative  jurisdiction  over  the 
hospitals  authorized  by  other  statutes. 

The  Commission  in  Lunacy  has  had  entire  administrative  and 
financial  control  of  the  State  hospitals  for  the  insane  since  1893. 
You  will  observe  that  the  provisions  of  the  proposed  amendment 
as  submitted  by  this  Committee  merely  continue  the  powers  con- 
ferred upon  the  Commission  in  Lunacy  by  the  Legislature  prior 
to  the  amendments  of  1894  and  recognized  in  the  Constitution  at 
that  time.  Your  Committee,  after  careful  study  of  the  administra- 
tion of  the  hospitals  for  the  insane,  is  firmly  of  the  opinion  that 
the  present  methods  of  management  and  control  should  be  con- 
tinued and  should  be  clearly  defined  in  the  Constitution.  The 
hospitals  for  the  insane  should  be  kept  entirely  out  of  the  domain 
of  politics  and  should  not  be  liable  to  radical  changes  which,  at 
the  present  time,  may  be  made  at  any  session  of  the  Legislature. 

As  a  result  of  several  public  hearings  held  by  the  Committee, 
and  investigations  by  sub-committees,  and  numerous  communica- 
tions which  have  been  received  from  the  friends  and  relatives  of 
patients  in  the  hospitals  for  the  insane,  it  is  convinced  that  those 
who  are  most  concerned  in  the  welfare  of  the  hospitals  are 
unanimously  opposed  to  any  change  in  the  present  methods  of  ad- 
ministration. The  public  hearings  held  by  this  Committee  were 
attended  by  members  of  the  boards  of  managers  of  all  the  hos- 
pitals, superintendents  of  a  number  of  these  institutions  as  well 


412  JOURNAL  OF  THE 

as  representatives  of  various  charitable,  medical  and  other  organi- 
zations. The  Committee  has  also  consulted  many  other  acknowl- 
edged authorities  familiar  with  the  affairs  of  the  institutions  and 
the  history  of  the  hospital  service,  and  finds  that  their  views  are 
fully  in  accord  with  those  already  expressed  by  us. 

After  a  careful  investigation  of  the  subject  this  expression  of 
views  would  seem  to  voice  the  sentiments  of  the  entire  people  of 
the  State. 

While  various  propositions  relating  to  the  administration  of  the 
hospitals  and  charitable  institutions  of  the  State  have  been  sub- 
mitted to  this  Committee,  we  are  of  the  opinion  that  the  amend- 
ment which  we  are  recommending  for  your  approval  is  the  only 
one  which  should  be  contemplated  at  this  time. 

In  addition  to  the  duties  mentioned  above,  the  Commission  in 
Lunacy  also  inspects  at  least  twice  a  year  the  institutions  for  in- 
sane criminals  and.  convicts  as  well  as  twenty-four  licensed  private 
institutions. 

An  evidence  of  the  standards  maintained  by  this  Department  is 
shown  by  the  recent  award  by  an  international  jury  at  the  Panama- 
Pacific  Exposition  of  the  highest  prize  to  the  State  hospitals  of 
jSTew   York. 

The  economical  administration  in  the  expenditure  of  these 
funds  appears  from  the  fact  that  the  average  annual  per  capita  cost 
of  maintenance  of  the  insane  in  the  hospitals  was  only  $208.91 
during  the  last  fiscal  year,  or,  in  other  words,  fifty-seven  cents  per 
day. 

The  entire  care  of  the  insane  was  undertaken  by  the  State  in 
1889,  at  which  time  there  was  an  insane  population  in  the  hos- 
pitals of  16,000.     Since  then  it  has  grown  to  33,000. 

The  magnitude  of  this  undertaking  as  shown  by  these  figures 
is  such  as  to  clearly  indicate  the  inadvisability  of  combining  this 
Department  with  any  other.  Consolidation  without  beneficial  re- 
sult is  folly.  To  consolidate  merely  to  promote  an  idea  is  without* 
sound  reason.  Where  a  department  or  branch  of  government  has 
attained  a  point  of  efficiency  which  marks  the  apex  in  the  present 
state  of  the  development  of  medical  science  at  the  very  minimum 
cost,  it  necessarily  follows  that  to  combine  its  activities  with  those 
of  other  departments  leads  inevitably  either  to  an  impairment  of 
its  efficiency  or  an  increase  in  cost  of  maintenance  and  probably 
to  both. 

The  high  standard  of  efficiency  in  the  New  York  State  hospitals 
as  a  result  of  the  administration,  which  we  propose  to  continue, 
has  been  such  that  it  has  been  copied  by  others,  and  it  is  universally 
acknowledged  that  the  care  of  the  insane  in  New  York  has  reached 


CONSTITUTIONAL  CONVENTION  413 

a  higher  standard  than  in  any  other  State.  The  cost  of  caring  for 
the  insane  in  this  State  is  lower  than  that  in  other  States  where 
the  standards  are  not  so  high. 

The  history  of  the  Department  shows  that  the  hospitals  for 
the  insane  were  governed  by  local  boards  of  managers  for  thirty 
years,  by  a  single  Commissioner  for  sixteen  years  and  by  a  Com- 
mission as  constituted  at  the  present  time  for  twenty-six  years. 

The  present  method  of  administration  was  adopted  by  the 
Legislature  after  a  careful  investigation  of  the  conditions  prevail- 
ing in  the  State  institutions,  by  a  Senate  committee. 

The  Charities  Committee  is  therefore  firmly  of  the  opinion  that 
there  is  not  only  no  indication  of  a  necessity  of  any  change  in  the 
present  method  of  government  of  the  Department,  but  that  any 
changes  would  be  highly  unwise  and  would  seriously  threaten  the 
welfare  of  the  insane  wards  of  the  State.  To  inaugurate  a  system 
of  care  in  this  State  which  has  proved  unsatisfactory  in  others 
would  be  highly  disastrous. 

We  therefore  urge  upon  the  Convention  the  wisdom  of  con-' 
tinuing  a  form  of  government  of  the  hospitals  for  the  insane 
which  has  stood  the  test  of  the  last  twenty-six  years  and  which 
seems  to  meet  with  the  entire  approval  of  the  people  of  the  State. 

J.  W.  Wadsworth, 

Chairman. 

Mr.  Wadsworth,  from  the  Committee  on  Charities,  presented 
the  following  report: 

The  Committee  on  Charities,  after  giving  public  hearings  to 
each  amendment  submitted  to  it,  and  after  careful  consideration 
of  the  same,  beg  leave  to  report  that  it  is  the  opinion  that,  with 
the  exception  of  amendment  No.  378,  already  reported  favorably, 
no  further  amendment  should  be  made  to  the  provisions  of  the 
existing  Constitution  relating  to  the  subject  of  charities. 

J.  W.  Wadsworth, 

Chairman. 
which  report  was  agreed  to. 

Mr.  Wagner  presented  the  following  report: 

MINOEITY  EEPOKT 

I  disagree  with  the  report  of  the  Finance  Committee  in  that  its 
conclusions  and  recommendations  are  in  many  substantial  respects 
inadequate  and  inconsistent. 

More  particularly  I  submit  that  the  report  of  the  majority  de- 
prives the  Legislature  of  the  power  which  finds  expression  in  the 


414  JOURNAL  OF  THE 

Federal  Constitution,  the  father  and  mother  of  our  state  constitu- 
tions, to  the  effect  that  all  appropriations  should  originate  in  the 
legislative  branch  of  the  government  elected  by  and  representative 
of  the  people  who  pay  the  taxes.  Though  this  sentiment  may  not 
have  been  written  in  the  letter,  it  has  existed  in  the  spirit  of  our 
State  Constitution.  The  producers  of  public  money  should  retain 
control  of  the  public  purse  strings.  This  was  the  contention  of  the 
Barons  who  wrenched  the  Magna  Charta  from  King  John  and  in 
all  the  intervening  years  this  policy  has  been  the  cornerstone  of  the 
structure  of  legislative  government. 

The  majority  report  admits  that  the  two  prime  requisites  for  a 
State  budget  are  accurate  information  and  complete  publicity; 
and  yet  the  constitutional  provision  which  it  proposes  secures 
neither.  It  admits  that  the  great  need  of  our  State  finances  is  a 
scientific  budget  and  then  it  proposes  a  budget  without  science. 
It  recognizes  the  evil  of  the  present  system  of  basing  appropria- 
tions largely  upon  conjecture  and  yet  it  provides  for  a  "  guess  " 
by  the  heads  of  the  departments  followed  by  a  "  guess  "  by  the 
Governor,  with  the  points  of  political  advantage  always  in  sight. 

The  report  complains  that  appropriations  are  now  made  on 
"  requests  "  and  then  continues  the  very  evil  of  which  it  complains 
in  substance  though  it  changes  it  in  form. 

Facts  for  a  scientific  budget  can  and  should  be  secured  by.  the 
same  method  through  which  they  are  secured  in  a  court  or  in  any 
other  tribunal  of  public  moment  and  civic  interest.  Such  a  method 
is  embodied  in  the  proposal  introduced  by  Mr.  A.  E.  Smith, 
Pr.  345. 

The  report  holds  that  the  Legislature  is  not  the  proper  branch 
of  government  wherein  appropriations  should  originate.  While 
contending  in  one  place  that  the  Legislature  should  not  surrender 
its  historic  control  of  the  public  purse  strings,  the  report  asserts 
in  another  place  that  the  Legislature  is  not  the  proper  branch  of 
government  to  originate  appropriations.  If  the  Legislature  be 
not  the  proper  place  to  originate  appropriations,  then  it  would 
seem  the  United  States  has  been  traveling  upon  the  wrong  path 
for  130  years  and  still  continues  to  pursue  its  devious  way;  if 
the  Legislature  be  not  the  proper  branch  of  government  to  origi- 
nate appropriations,  for  a  century  or  more  the  Legislature  of  New 
York  has  been  exercising  a  duty  erroneously  given  to  it.  Even 
before  New  York  became  a  State,  the  colonial  governors  sent 
over  here  by  the  King  of  England  voiced  the  sentiments  which 
this  report  now  approves.  But  the  early  colonists  did  not  approve 
it  All  the  statesmen  who  have  since  helped  make  New  York  the 
Empire  State  of  the  Union  did  not  approve  it. 


CONSTITUTIONAL  CONVENTION  415 

The  majority  report  states  that  "  a  real  budget  program  pre- 
sented by  the  Executive  to  the  Legislature  should  receive  and  in 
other  countries  does  receive  criticism  and  suggestions,  even  from 
its  own  party  members  ".  I  submit  that  the  application  of  the 
word  "  Executive  "  as  applied  to  the  budgets  referred  to  is  not 
warranted  by  the  definition  of  the  word  "  executive "  in  any 
standard  dictionary  of  the  English  language,  and  I  further  submit 
that  in  the  principal  countries  referred  to  the  "  budget"  is  really 
a  "  parliamentary  M  and  not  an  "  executive  budget  ". 

The  prevailing  report  asserts  that  the  present  method  of  ap- 
propriation destroys  publicity  and  opportunity  for  debate.  Yet 
it  is  obvious  that  the  proposed  method  secures  publicity  on  routine 
matters  of  administration,  where  publicity  is  least  needed  and 
gives  no  guaranty  whatever  of  publicity  on  special  appropriations 
where  publicity  is  vital  to  economy.  Neither  does  it  make  ade- 
quate provisions  for  open  and  thorough  debate. 

The  majority  report  complains  further  that  appropriations  are 
rushed  through  in  the  final  hours  of  the  session,  but  it  fails  to  rec- 
ommend a  provision  like  the  one  to  be  found  in  the  Constitutions 
of  Louisiana  and  Mississippi,  making  it  impossible  to  pass  any 
appropriations  during  the  last  five  days  of  the  session. 

It  deprecates  the  lack  of  consideration  given  to  appropriation 
bills  but  it  fails  to  set  a  time  limit  for  the  introduction  of  such 
bills,  nor  does  it  suggest  a  method  of  supplying  exact  and  scientific 
information  to  the  members  of  the  Legislature. 

It  states  that  the  historic  function  of  the  Legislature  is  to  hold 
the  purse-strings  of  the  (State  and  it  then  proceeds  to  hand  this 
historic  function  over  to  the  Governor  and  make  the  Legislature 
a  mere  rubber-stamp  on  budget  appropriations. 

It  condemns  the  present  power  of  the  Governor  to  punish  op- 
ponents and  to  reward  friends  in  the  matter  of  appropriations, 
but  it  does  not  recommend  a  corrective  for  this  abuse  except  in 
case  of  appropriations  for  mere  matters  of  administration,  thereby 
lodging  in  the  Executive  enormous  possibilities  thus  to  abuse  his 
office. 

It  postulates  the  necessity  of  a  "  greater  sense  of  responsibil- 
ity "  in  appropriations,  and  then  it  discards  the  only  method  that 
can  secure  complete,  open,  definite  and  undeniable  responsibility 
through  compelling  the  heads  of  departments  to  swear  to  their 
estimates. 

If  this  report  is  to  be  made  the  policy  of  the  State,  I  suggest 
that  it  be  carried  to  its  logical  conclusion.  If  publicity  is  desir- 
able on  mere  matters  of  administration,  it  appears  to  me  that  it  is 


416  JOURNAL  OF  THE 

especially  desirable  on  special  appropriation  bills.  If  the  Gover- 
nor is  to  be  prevented  from  making  a  political  foot-ball  of  mere 
routine  appropriations,  he  should  be  prevented  from  making  a 
political  foot-ball  of  special  appropriation  bills. 

If  I  am  correct  in  the  opinions  and  conclusions  heretofore  ex- 
pressed, it  becomes  manifest  that  the  remedy  proposed  in  the  ma- 
jority report  is  at  best  only  partial  and  ineffective  to  consummate 
the  desired  financial  reforms.  I  therefore  respectfully  submit  to 
the  Convention  the  following  recommendations: 

It  is  recommended  that  the  legislature  retain  the  power  which 
it  has  always  exercised  of  originating  appropriations  on  the 
theory  that  the  source  from  which  the  money  comes  should  retain 
control  of  the  money  and  dictate  the  manner  of  its  expenditure 
within  the  proper  constitutional  limitations. 

Without  receding  from  the  recommendation  last  expressed,  it 
would  seem  that  the  method  proposed  in  the  majority  report,  being 
imperfect  as  it  now  stands,  should  be  perfected  by  the  following 
amendment :  It  should  be  required  that  the  head  of  each  depart- 
ment swear  to  his  estimates  and  classify  them  in  a  division  of 
necessities,  desirabilities  or  contingencies,  as  the  case  may  be,  ac- 
cording to  the  suggestion  made  by  Governor  Glynn  at  a  hearing 
before  the  Committee  on  State  Finances.  Such  sworn  estimates 
should  be  submitted  to  the  Governor,  the  Comptroller  and  every 
member  elected  to  the  Legislature  at  least  fifteen  days  before  the 
Legislature  convenes.  This  procedure  is  now  in  force  in  several 
States  with  good  effect.  Members  of  the  Legislature  intending  to 
introduce  special  bills  asking  for  appropriations  should  be  re- 
quired to  file  with  the  Governor,  the  Comptroller  and  the  members 
of  the  Legislature  within  fifteen  days  previous  to  the  convening  of 
the  Legislature  a  copy  of  the  bill,  stating  the  amount  of  money 
desired  and  the  purpose  for  which  it  is  to  be  expended.  Fifteen 
days  after  the  Legislature  meets,  it  should  be  the  duty  of  the  Gov- 
ernor to  submit  a  budget  on  these  special  bills  with  a  message  ex- 
pressing his  views  thereon,  just  as  the  procedure  proposed  in  the 
majority  report  provides  in  reference  to  matters  of  administra- 
tion. 

This  treatment  of  special  appropriation  bills  would  certainly 
abolish  the  evil  of  which  the  report  of  the  majority  complains  of 
permitting  the  Governor  to  reward  friends  or  punish  enemies  by 
preference  in  the  case  of  special  appropriation  bills. 

In  addition  to  a  provision  preventing  the  passage  of  any  ap- 
propriation bill  in  the  closing  days  of  the  Legislature,  there  should 
be  a  provision  forbidding  the  introduction  after  the  Legislature 
has  convened  of  appropriation  bills  of  any  kind  except  by  a  re- 
port of  a  financial  committee  of  either  House  of  the  Legislature. 


CONSTITUTIONAL  CONVENTION  417 

It  is  further  recommended  that  special  appropriation  bills  be 
not  passed  without  a  two-thirds  vote  of  all  the  members  elected. 

It  is  further  recommended  that  all  items  in  appropriation  bills 
be  voted  upon  separately.  This  would  insure  the  responsibility 
of  action  and  the  maturity  of  deliberation  which  the  majority  re- 
port emphasizes. 

It  is  further  recommended  that  a  provision  compelling  the  ab- 
solute itemization  of  every  appropriation  exceeding  the  sum  of 
$10,000  be  adopted. 

Respectfully  submitted, 

Robert  Wagner. 


Mr.  Low,  from  the  Committee  on  Cities,  to  which  were  referred 
the  several  Proposed  Constitutional  Amendments  relating  to  Home 
Rule  for  cities,  as  follows: 

No.  719,  introduced  by  Mr.  Wagner. 

No.  187,  introduced  by  Mr.  Sanders. 

No.  774,  introduced  by  Mr.  R.  B.  Smith. 

No.  283,  introduced  by  Mr.  O'Brian. 

No.  535,  introduced  by  Mr.  Low. 

No.  335,  introduced  by  Mr.  Franchot. 

No.  381,  introduced  by  Mr.  Mann. 

No.  724,  introduced  by  Mr.  E.  N.  Smith. 

No.  568,  introduced  by  Mr.  Eisner. 

No.  629,  introduced  by  Mr.  Weed. 

No.  698,  introduced  by  Mr.  Cobb. 

No.  671,  introduced  by  Mr.  Green. 

No.  678,  introduced  by  Mr.  Franchot. 

No.  693,  introduced  by  Mr.  Berri. 

No.  709,  introduced  by  Mr.  Fobes. 
reports  that  the  Committee  held  a  number  of  hearings  on  them 
and  on  the  subject  matter  embraced  in  such  Proposed  Constitu- 
tional Amendments.  It  has  also  been  made  a  careful  study  of 
Article  XII  of  the  present  Constitution,  which  article  relates  to 
the  government  of  citie3.  The  Committee  reports  by  proposed 
amendment,  entitled :  "  Proposed  Constitutional  Amendment  to 
amend  Article  XII  of  the  Constitution  generally,  in  relation  to 
cities  and  villages  and  their  powers  of  self-government,"  (Int.  No. 
712),  which  was  read  twice,  and  said  Committee  reports  in  favor 
of  the  passage  of  the  same  which  report  was  agreed  to,  and  said 
proposed  amendment  ordered  printed  and  referred  to  the  Com- 
mittee of  the  Whole. 
27 


418  JOURNAL  OF  THE 

Mr.  Franchot  presented  the  following: 

MINORITY  REPORT  OF  THE  COMMITTEE  ON  CITIES 

To  the  Constitutional  Convention: 

The  undersigned  disagree  with  the  report  of  the  majority  for 
the  reasons  hereafter  given. 

It  is  obvious  that  the  proposal  of  the  Committee  is  a  result 
of  compromise.  Any  criticism  contained  in  this  minority  report 
is  a  criticism  of  that  result,  not  of  the  efforts  of  the  individual 
members  of  the  majority.  We  are  forced  to  disagree  only  be- 
cause the  composite  result  seems  to  us  to  violate  the  fundamental 
principles  that  must  govern  any  measure  designed  to  meet  the 
widespread  demand  from  the  cities  of  the  State,  and  especially 
from  the  city  of  New  York,  for  increased  power  of  self-govern- 
ment. This  demand  is  based  upon  two  principal  causes  of  com- 
plaint: (1)  interference  with  local  affairs  by  the  Legislature; 
(2)  inadequate  power  over  matters  of  city  concern,  even  the  most 
minute. 

The  relief  demanded  has  been  grouped  concisely  under  two 
heads:  First,  power;  second,  protection.  A  proper  proposal  for 
Home  Rule  should  in  our  judgment  contain  the  following  essen- 
tials, for  which  we  have  consistently  contended : 

First—  A  BROAD  GRANT  TO  CITIES  OF  POWER,  EX- 
CLUSIVE IN  SUBSTANCE  AS  WELL  AS  IN  FORM,  TO' 
REGULATE  ITS  LOCAL  AFFAIRS,  COUPLED  WITH  A 
PROHIBITION  AGAINST  SPECIAL  LEGISLATION  BY 
THE  STATE  WITH  RESPECT  THERETO. 

Such  grant  is  required  to  cure  the  following  evils  of  the  present 
system  of  city  government : 

(a)  The  burdening  of  the  Legislature  with  local  matters  in 
which  the  State  is  not  primarily  concerned. 

(b)  The  avoidance  by  local  officers  of  responsibility  for  city 
government, —  colloquially  termed  "  passing  the  buck  ". 

(c)  The  delay  and  consequent  inefficiency  in  performing  neces- 
sary city  functions. 

(d)  The  settlement  of  city  problems  away  from  home  by  legis- 
lators not  responsible  to  the  locality  for  such  settlement  and  un- 
familiar with  such  problems. 

Such  grant  in  order  to  cure  these  evils  must  obviously  include 
the  power  of  revision  and  amendment  of  charters  and  special  city 
laws.  Power  without  the  machinery  of  government  to  exercise  it 
is  nil. 

Second.—  THE  PRESERVATION  OF  STATE  SOVER- 
EIGNTY OVER  CITIES  THROUGH  LEGISLATIVE  CON- 
TROL EXERCISED  BY  GENERAL  LAWS. 


CONSTITUTIONAL  CONVENTION  419 

Home  Rule  for  cities  does  not  imply  a  divesting  of  State  con- 
trol over  cities.  We  agree  that  the  paramount  authority  of  the 
State  should  be  retained ;  we  disagree  only  as  to  the  method  of  its 
exercise.  As  to  the  matters  not  within  the  grant  of  power  to  cities, 
the  Legislature  should,  of  course,  have  plenary  power  as  now. 
As  to  matters  within  the  grant  it  should  retain  power  to  enact 
general  laws.  The  retention  of  the  right  in  the  Legislature  to 
nullify  local  action  in  purely  local  affairs  is  not  necessary  to  ade- 
quate State  control.  We  submit  that  the  cities  of  the  State  have 
justified  by  experience  their  ability  to  administer  their  local  af- 
fairs free  from  legislative  check  or  authority.  We  do  not  sym- 
pathize with  putting  their  citizens  in  a  class  with  the  inhabitants 
of  the  Philippine  Islands.  As  citizens  of  the  city  they  have  the 
same  capacity  for  self-government  as  they  possess  as  citizens  of 
the  State. 

Third.— THE  EXPRESSION  OF  THE  GRANT  OF 
POWER  IN  SIMPLE,  DIRECT  AND  SPECIFIC  LAN- 
GUAGE SO  AS  TO  AVOID  CONFUSION  AND  ENDLESS 
LITIGATION  IN  DEFINING  STATE  AND  CITY 
POWERS,  AND  THE  MANNER  OF  THEIR  EXERCISE. 

Governmental  power  to  be  effective  must  be  free  from  doubt. 
Constitutional  amendments  in  most  of  the  other  states  have  made 
a  grant  of  power  to  cities  in  general  terms  similar  to  those  em- 
ployed by  the  majority  proposal,  such  as  "  local  self-government ", 
the  right  to  regulate  "  local  affairs "  or  "  municipal  affairs ". 
Judicial  construction  has  everywhere  been  necessary  to  define 
the  grant.  A  mass  of  conflicting  decisions  on  important  phases  of 
city  government  in  different  states  reveals  that,  by  such  general 
grant  to  cities,  governmental  powers  are  divided  into  three  classes : 

(a)  Those  clearly  granted  to  cities; 

(b)  Those  clearly  reserved  to  the  State;  and 

(c)  Those  which  are  neither  clearly  granted  nor  reserved. 

We  favor  a  specific  assignment  of  this  last  class  of  powers  either 
to  the  city  or  to  the  State.  This  assignment  should  be  by  the  Con- 
vention as  a  matter  of  governmental  policy  and  not  left  to  the 
uncertainty  and  delay  of  piecemeal  judicial  construction.  We 
are  confident  that,  profiting  by  the  experience  of  other  states,  a 
proposal  can  be  drafted  which  performs  this  task. 

Fourth.— THE  RIGHT  TO  EACH  CITY  AT  ITS 
OPTION  TO  CONTINUE  AS  A  LEGISLATIVE  CHARTER 
CITY  OR  BECOME  A  HOME  RULE  CITY. 

Home  Rule  should  not  be  forced  upon  any  community.  There 
may  be  a  sentiment  in  some  cities  against  a  change  in  the  present 


420  JOURNAL  OF  THE 

system  of  city  government.  On  the  other  hand  other  cities  have 
expressed  a  desire  for  a  change.  Both  can  be  satisfied.  To  sub- 
ject the  desire  of  either  class  to  that  of  the  other  would  be  hostile 
to  the  very  principle  for  which  we  contend.  The  grant,  therefore, 
should  be  optional. 

Considered  in  the  light  of  these  fundamental  principles  the 
proposal  of  the  majority  fails  in  the  following  particulars : 

First. —  No  grant  of  exclusive  power  to  cities  is  made  except 
possibly  as  to  a  few  minor  matters  which  might  be  so  held  by  the 
courts.  The  extent  to  which  the  control  over  officers  and  em- 
ployees as  defined  in  subdivision  "  a  "  of  section  3  can  be  exer- 
cised by  municipal  action  without  "  changing  the  framework  "  of 
the  city  government  is  left  in  doubt.  If  the  courts  hold  (as  we 
think  they  would)  that  a  redistribution  of  powers  and  duties 
among  officers  or  departments,  or  an  increase  or  decrease  in  their 
number  is  a  "  change  of  framework  of  government,"  there  would 
remain  nothing  exclusively  in  the  control  of  the  municipality  ex- 
cept the  qualifications,  mode  of  selection,  terms  of  office,  com- 
pensation and  method  of  removal  of  officers  and  employees.  If 
this  is  the  extent  to  which  Home  Rule  is  to  be  granted,  the  Con- 
stitution should  so  state  simply  and  directly. 

Furthermore,  the  Committee  has  recognized  to  such  an  extent 
the  necessity  of  hedging  about  with  restrictions  the  exercise  of  the 
power  of  amendment  by  local  authorities  as  to  make  it  very  difficult 
to  adopt  any  change  at  all.  Amendments  to  the  charter  are  sub- 
ject to  the  veto  of  one  official,  the  Mayor  of  the  city,  and  no  pro- 
vision is  made  for  overriding  his  disapproval  of  a  charter  change. 
Thus,  conflicting  interests  of  different  bodies  or  officials  on  whom 
the  power  is  jointly  conferred  will  tend  to  defeat  its  exercise.  This 
further  demonstrates  the  impracticability  of  providing  for  the 
adoption  of  separate  amendments  by  the  local  authorities  of  a 
city. 

Passing  to  general  charter  revision  we  find  that  it  would  take 
approximately  three  years  between  the  first  proposal  for  a  charter 
revision  aud  its  final  enactment  into  law.  After  the  draft  is 
prepared  by  the  charter  commission,  it  is  to  be  approved  by  the 
people.  If  approved  by  the  people,  it  is  submitted  to  the  Legis- 
lature. If  not  disapproved  by  the  Legislature  within  sixty  days 
it  takes  effect  as  law.  The  Legislature  may  thus  destroy  the  en- 
tire work  in  charter  reform  by  its  disapproval.  The  approval' 
of  electors  of  a  city  should  in  our  judgment  be  final.  It  would  be 
possible  to  provide  that,  if  the  charter  was  defective  or  not  in  ac- 
cordance with  State  policy,  it  be  returned  to  the  Commission  for 
further  revision.  We  submit  that  this  phase  of  the  plan  is  waste- 
ful and  impracticable.     Under  the  proposal  it  would  be  possible, 


CONSTITUTIONAL  CONVENTION  421 

however,  without  the  necessity  of  a  Revision  Commission,  for  the 
charter  to  be  completely  amended  by  concurrent  action  of  the 
Mayor,  the  local  legislative  body,  and  the  Board  of  Estimate,  if 
any,  and  the  failure  of  the  Legislature  to  nullify. 

After  the  Constitution  takes  effect  on  January  1st,  1916,  no 
amendment  to  the  framework  of  any  city  charter  could  be  made 
until  March  1st,  1917,  and  not  even  a  very  necessary  change  in  a 
city  charter  could  be  made  after  the  first  week  of  any  session  until 
the  following  legislative  year.  New  York  city  during  the  last 
session  was  compelled  to  apply  immediately  before  adjournment 
for  special  and  urgent  relief  in  connection  with  the  building  of  its 
subways.  The  existence  of  the  Majority's  proposal  would  prevent 
such  emergency  action.  It  is  apparent  that  the  nullification 
scheme  fails  to  obviate  any  of  the  existing  evils.  The  Legislature 
will  continue  to  be  burdened  with  local  matters,  local  officers  will 
continue  to  side-step  responsibility,  delay  and  consequent  ineffi- 
ciency will  continue,  and  any  change  involving  matters  of  impor- 
tance will  still  be  finally  settled  away  from  home. 

Second:  The  language  of  the  grant  will  breed  hopeless  doubt, 
uncertainty  and  confusion  and  throw  into  the  courts  the  determina- 
tion of  the  exercise  of  the  respective  powers  of  city  and  State 
in  this  respect: 

(a)  It  fails  to  define  the  line  between  powers  granted  to  a  city 
and  those  reserved  to  the  State.  As  to  such  matters  as  taxation, 
the  issuance  of  bonds,  the  regulation  of  the  operation  of  privately 
owned  public  utilities,  the  acquirement  of  public  utilities  by  the 
city  or  the  exercise  of  the  power  of  eminent  domain,  acts  of  a 
given  administrative  officer  will  depend  for  their  validity  upon 
the  validity  of  the  grant  of  authority  to  him  to  act.  If  granted 
by  the  Legislature,  claim  could  be  made  that  they  should  have  been 
granted  by  the  city;  if  granted  by  the  city,  vice  versa. 

(b)  It  has  injected  a  further  element  of  doubt  and  confusion 
by  providing  two  methods  by  which  municipal  action  may  be 
taken  as  to  matters  determined  to  be  within  the  grant  of  power 
to  cities  to  regulate  its  "  property,  business  and  local  affairs.'7 
If  such  action  involves  a  change  in  "  framework  of  its  govern- 
ment "  it  must  be  submitted  to  the  Legislature  for  possible  nulli- 
fication. The  classification  made  is  illogical  and  unscientific. 
For  example,  matters  of  important  State  concern,  such  as  the 
recall  of  public  officers,  are  left  for  determination  by  the  local 
authorities  in  the  use  of  the  words  "  method  of  removal,"  while 
matters  of  no  importance  to  the  State  must  be  submitted  to  the 
Legislature.  Two  questions,  therefore,  may  always  be  raised  as 
to  any  act  of  an   official  authorized  by  an   amendment   of  the 


422  JOURNAL  OF  THE 

charter  made  by  the  local  authorities :  (1)  Is  the  power  to  fix  sucti 
provisions  included  in  the  grant  to  the  city?  and  (2)  can  such 
power  be  validly  exercised  by  the  local  legislative  authorities 
without  submission  to  the  State  Legislature? 

(c)  Finally,  it  has  injected  an  even  more  serious  element  of 
doubt  by  providing  that  the  Legislature  may  pass  special  city  laws 
relating  to  the  "  government "  of  municipalities.  Just  how  laws 
relating  to  "  government  "  differ  from  laws  relating  to  "  property, 
business  and  local  affairs  "  of  cities  no  one  can  say.  Certainly 
the  present  abuse  in  the  introduction  and  passage  of  special  laws 
affecting  cities  will  continue,  and  the  courts  in  order  to  sustain 
the  constitutionality  of  such  legislative  acts  will  be  forced  narrowly 
to  limit  the  group  of  subjects  included  within  the  words  "  prop- 
erty, business  and  local  affairs  ".  The  ordinary  meaning  of  the 
word  "  government "  comprehends  the  officers  to  administer  it 
and  "  framework  "  to  support  it,  and  thus  its  use  hopelessly  mud- 
dles the  meaning  of  this  "  exclusive  "  grant  of  power  and  the 
manner  in  which  it  is  to  be  exercised. 

If  you  subtract  from  the  acts  relating  to  the  "  property,  busi- 
ness and  local  affairs  "  of  the  city  the  acts  relating  to  its  "  gov- 
ernment ",  the  result  is  zero.  This  seems  to  us  the  exact  measure 
of  exclusive  control  granted  to  cities  by  the  proposed  amendment. 
It  is  only  fair  to  state  that  this  provision  of  the  proposal  was 
inserted  for  the  purpose  of  preserving  the  present  suspensive  veto 
provisions  of  the  Constitution  as  to  special  laws  affecting  matters  of 
State  concern.  It  is  our  opinion  that  it  accomplishes  this  purpose 
only  at  the  cost  of  practically  destroying  the  exclusive  nature  of  the 
grant.  Since  the  vast  majority  of  governmental  acts  must  affect 
the  rights  of  property  and  of  personal  liberty,  and  involve  finan- 
cial responsibility  on  the  part  of  the  city,  we  may  be  sure  that 
such  questions  as  above  indicated  will  endlessly  be  raised. 

In  sum,  the  proposal  begins  with  a  promise  of  complete  Home 
Rule  to  cities,  but  one  reaches  the  end  only  to  discover  that  it  is  but 
a  declaration  of  principle  and  that  the  limitations  subsequently  im- 
posed effectively  destroy  the  first  impression  and  promise-  If 
adopted  it  will  tend  to  throw  into  confusion  for  the  next  ten  years 
the  exercise  of  power  by  city  government  throughout  the  State. 
Such  a  measure  does  not  confer  genuine  Home  Rule,  does  not  el  :mi- 
nate  mandatory  legislation  affecting  cities,  narrows  instead  of 
widens  the  present  sphere  of  local  control  by  municipalities. 
Respectfully  submitted, 

James  A.  Foley, 
Edward  E.  Franchot. 

Capitol,  Albany,  N.  Y.,  August  5,  1915. 


CONSTITUTIONAL  CONVENTION  423 

Mr.  Berri  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That,  beginning  with  Number  757,  there  be  printed 
five  hundred  (500)  extra  copies  of  all  proposed  amendments  to  the 
Constitution,  including  reprints. 

Further  Resolved,  That  there  be  printed  three  hundred  (300) 
extra  copies  of  the  following  numbers  of  the  Record,  to  wit: 
Numbers  2,  3,  5,  6,  9,  13,  31,  39  and  44  to  61  inclusive. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Barnes,  from  the  Committee  on  Legislative  Powers,  to 
which  was  referred  proposed  amendment  introduced  by  the  Com- 
mittee on  Legislative  Powers  (No.  770,  Int.  No.  696)  entitled 
"  Proposed  constitutional  amendment  to  amend,  generally,  Article 
III  of  the  Constitution,  following  Section  nine  of  such  article," 
reported  in  favor  of  the  passage  of  the  same,  without  amendment, 
which  report  was  agreed  to,  and  said  proposition  referred  to  the 
Committee  of  the  Whole. 

On  motion  of  Mr.  Wickersham,  the  Convention  resolved  itself 
into  a  Committee  of  the  Whole  for  the  consideration  of  the  Special 
Order,  being  "  Proposed  constitutional  amendment  to  amend 
Sections  2,  4,  5,  11  and  12  of  Article  VII  of  the  Constitution,  in 
relation  to  debts  contracted  by  the  State."     (Printed  No.  777.) 

After  some  time  spent  therein,  the  hour  of  1  o'clock  p.  m.  having 
arrived,  the  Convention  took  a  recess  until  2  :30  o'clock  p.  m. 


TWO  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened. 

Mr.  Wickersham  moved  that  if,  when  the  hour  of  five  o'clock 
and  thirty  minutes  p.  m.  shall  have  arrived,  the  Committee  of  the 
Whole  shall  not  have  concluded  its  consideration  of  the  Special 
Order  of  the  day  that  the  Convention  do  then  take  a  recess  until 
eight  o'clock  and  thirty,  minutes  p.  m.,  at  which  time  the  con- 
sideration of  the  special  order  shall  be  resumed. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 


424  JOURNAL  OF  THE 

By  unanimous  consent,  Mr.  Dow  offered  for  the  consideration 
of  the  Convention  a  resolution,  in  the  words  following : 

Resolved,  That  the  Committee  of  the  Whole  be.  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  773, 
Int.  No.  708)  entitled  "  Proposed  constitutional  amendment  to 
insert  in  the  Constitution  a  new  article  in  relation  to  the  con- 
servation of  natural  resources." 

which  was  agreed  to. 

Said  Proposed  Amendment  having  been  announced,  on  motion 
of  Mr.  Dow  the  same  was  amended  as  follows: 

Page  2,  line  17,  after  the  word  "  compensation  "  insert  a  period 
and  strike  out  the  three  remaining  words. 

•Strike  out  all  of  lines  18,  19,  20  and  21. 

Insert  on  line  17  in  the  place  of  the  matter  stricken  out,  the 
following,  in  italics :  "  The  Legislature  shall  not  at  any  time  exempt 
from  the  regulations  of  the  civil  service,  any  employees  of  the 
Conservation  Department  except  the  superintendent,  temporary 
emergency  employees  and  laborers." 

On  page  4,  strike  out  lines  4  to  11,  and  insert  in  place  thereof 
the  following,  in  italics :  "  Section  5.  The  Legislature  shall  an- 
nually make  provision  for  the  purchase  of  real  property  within 
the  Adirondack  and  Catskill  Parks  as  denned  by  law,  the  reforesta- 
tion of  lands,  and  the  making  of  boundary  and  valuation  surveys." 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

The  Convention  again  resolved  itself  into  a  Committee  of  the 
Whole  and  proceeded  with  the  consideration  of  the  Special  Order, 
being  Proposed  Amendment  entitled  lt  Proposed  constitutional 
amendment  to  amend  Sections  2,  4,  5,  11  and  12  of  Article  VII 
of  the  Constitution,  in  relation  to  debts  contracted  by  the  State." 
(Printed  No.  777.) 

After  some  time  spent  therein,  the  hour  of  five  o'clock  and 
thirty  minutes,  p.  m.,  having  arrived,  The  President  resumed  the 
chair. 

By  unanimous  consent,  on  motion  of  Mr.  Latson,  the  Con- 
vention determined  to  again  resolve  itself  into  a  Committee  of  the 
Whole  to  finish  the  consideration  of  the  Special  Order  of  the 
day. 

The  Convention  thereupon  again  resolved  itself  into  a  Com- 
mittee of  the  Whole  and  proceeded  with  the  consideration  of  the 


CONSTITUTIONAL  CONVENTION  425 

Special  Order,  being  Proposed  constitutional  amendment  to 
amend  Sections  2,  4,  5,  11  and  12  of  Article  VII  of  the  Con- 
stitution, in  relation  to  debts  contracted  by  the  State. "  (No. 
777.) 

After  some  time  spent  therein,  the  President  resumed  the  chair, 
and  Mr.  McKinney,  from  said  committee,  reported  in  favor  of  the 
passage  of  the  same  with  amendments,  which  report  was  agreed 
to  and  said  proposition  ordered  reprinted  as  amended  and  ordered 
to  a  third  reading. 

Mr.  C.  A.  Webber  offered  for  the  consideration  of  the  Con- 
vention a  resolution,  in  the  words  following: 

Moved,  That  in  the  printing  of  the  daily  calendar  the  pending 
amendments  to  Int.  No.  679,  Print.  No  756,  General  Order  No. 
28,  from  the  Committee  on  Taxation,  which  were  omitted  from 
today's  Calendar,  be  printed  until  the  said  amendments  are  dis- 
posed of  upon  the  resumption  of  the  consideration  of  the  said 
bill  in  General  Orders. 

which  was  agreed  to. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned 
until  Friday,  August  6,  at  ten  o'clock  a.  m.  .  • 


FRIDAY,  AUGUST  6,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President  in 
the  chair. 

Prayer  by  Rev.  Charles  L.  Hall. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Wednesday, 
August  4th,  was  approved. 

Mr.  Ward  presented  the  memorial  of  residents  of  the  Seventh 
Senatorial  District,  which  was  referred  to  the  Committee  on 
Civil  Service. 

Mr.  Bannister  presented  the  memorial  of  residents  of  the  Sixth 
Senatorial  District,  which  was  referred  to  the  Committee  on 
Civil  Service. 

Mr.  L.  Martin  presented  the  memorial  of  the  residents  of  the 
Thirty-sixth  Senatorial  District,  which  was  referred  to  the  Com- 
mittee on  Civil  Service. 


426  JOURNAL  OF  THE 

Mr.  Westwood  presented  the  memorial  of  the  Western  Xew 
York  Volunteer  Firemen's  Association,  which  was  referred  to 
the  Committee  on  Civil  Service. 

Mr.  Westwood  presented  the  memorial  of  the  Western  New 
York  Volunteer  Firemen's  Association,  which  was  referred  to 
the  Committee  on  Bill  of  Rights. 

Mr.  Winslow  presented  the  memorial  of  the  residents  of  the 
Twenty-fourth  Senatorial  District,  which  was  referred  to  the 
Committee  on  Civil  Service. 

Mr.  Bayes  presented  the  memorial  of  the  residents  of  the 
Eighth  Senatorial  District,  which  was  referred  to  the  Committee 
on  Civil  Service. 

Mr.  Ryan  presented  the  memorial  of  the  residents  of  the  Sec- 
ond Senatorial  District,  which  was  referred  to  the  Committee 
on  Civil  Service. 

Mr.  S.  K.  Phillips,  from  the  Committee  on  Contingent  Ex- 
penses, to  which  was  referred  the  resolution  offered  by  Mr.  Hin- 
man,  July  29,  1915,  relative  to  the  appointment  of  Joseph  V. 
Allen  as  Chief  of  Pages,  reported  in  favor  of  the  adoption  of  the 
same  with  the  following  amendments : 

Resolved,  That  Joseph  V.  Allen,  heretofore  appointed  page,  and 
for  some  time  past  acting  as  Chief  of  Pages,  be  and  he  hereby  is 
appointed  Chief  of  Pages,  at  a  compensation  of  $3.00  a  day,  said 
compensation  to  date  from  July  1,  1915. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  S.  K.  Phillips,  from  the  Committee  on  Contingent  Ex- 
penses, to  which  was  referred  the  resolution  relative  to  printing 
as  a  document  the  speeches  made  by  William  D.  Guthrie,  D-Cady 
Herrick  and  George  W.  Wickersham,  before  the  Suffrage  Com- 
mittee, on  the  subject  of  nominations  by  Convention  system,  re- 
ported in  favor  of  the  adoption  of  the  following  resolution : 

Resolved,  That  there  be  printed  as  a  document  of  this  Conven- 
tion the  speeches  made  by  William  D.  Guthrie,  D-Cady  Herrick 
and  George  W.  Wickersham,  made  before  the  Suffrage  Committee, 
on  the  subject  of  nominations  by  Convention  system. 


CONSTITUTIONAL  CONVENTION  427 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

The  President  announced  the  General  Orders  and  the  Con- 
vention resolved  itself  into  a  Committee  of  the  Whole  for  the 
consideration  of  the  special  order  being  "  Proposed  constitutional 
amendment  to  insert  in  the  Constitution  a  new  article  in  relation 
to  the  conservation  of  natural  resources."  (No.  785,  Int.  No. 
708.) 

After  some  time  spent  therein,  the  President  resumed  the 
chair  and  Mr.  J.  G.  Saxe,'from  said  committee,  reported  prog- 
ress and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

Mr.  J.  L.  O'Brian  offered  for  the  consideration  of  the  Con- 
vention a  resolution,  in  the  words  following: 

Resolved,  That  the  following  proposed  amendments  to  the  Con- 
stitution on  the  General  Orders  Calendar  be  made  special  orders 
for  the  time  specified : 

General  Order  44,  if  not  sooner  disposed  of,  Monday  morning, 
August  9. 

General  Orders  30,  31  and  33  (Militia)  the  session  of  Monday, 
August  9th,  following  General  Order  44. 

General  Order  43,  Monday  afternoon,  August  9th,  following 
General  Order  33. 

General  Order  46,  Monday  evening,  following  General  Order 
43  and  Tuesday. 

General  Order  28,  Wednesday,  August  11th,  following  General 
Order  No.  25. 

General  Order  50,  Thursday  morning,  August  12th,  and  Friday. 

General  Order  38,  Saturday  morning,  August  14th. 

Mr.  J.  G.  Saxe  moved  to  amend  by  inserting  between  lines 
11  and  12  the  following: 

"  General  Order  48  following  General  Order  No.  46  Tuesday." 
which  amendment  was  agreed  to. 

The  President  then  put  the  question  whether  the  Convention 
would  agree  to  said  resolution  as  amended,  and  it  was  determined 
in  the  affirmative. 


428  .  JOURNAL  OF  THE 

Mr.  J.  L.  O'Brian  offered  for  the  consideration  of  the  Con- 
vention a  resolution,  in  the  words  following: 

Resolved,  That  on  and  after  Monday,  August  9th,  the  Conven- 
tion sit  from  10:00  a.  m.  to  1:00  p.  m.,  from  2:30  p.  u.  to  5:30 
p.  if.  and  from  8.30  p.  m.  to  10:30  p.  m.,  except  Saturdays,  on 
which  days  the  Convention  sit  from  10  :00:  a.  m.  to  1 :00  p.  m.  and 
from  2:30  p.  m.  to  5:30  p.  m. 

Resolved,  That  when  the  Convention  adjourn  today  it  adjourn 
until  Monday,  August  9th,  at  ten  a.  m. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

The  hour  of  one  o'clock  p.  m.  having  arrived,  the  Conven- 
tion took  a  recess  until  two  o'clock  and  thirty  minutes  p.  m. 


TWO  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened. 

Mr.  Quigg  moved  that  hereafter  debate  in  the  Committee  of  the 
Whole  be  limited  to  fifteen  minutes  for  each  member,  which  was 
referred  to  the  Committee  on  Rules. 

Mr.  Marshall  moved  that  the  session  of  this  afternoon  be  ex- 
tended until  six  o'clock  and  thirty  minutes  p.  m.,  and  if  the  Speck  1 
Order  of  the  day  be  not  disposed  of  at  that  time  the  Convention 
take  a  recess  until  eight  o'clock  and  thirty  minutes  p.  m.  for  the 
completion  of  consideration  of  said  Special  Order,  which  was* 
agreed  to. 

Mr.  Barnes  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Resolved,  That  the  'Committee  of  the  Whole  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  754,  Int. 
No.  701)  entitled  "  Proposed  constitutional  amendment  to  amend 
Article  III  of  the  Constitution,  relating  to  the  powers  of  the  Leg- 
islature." 

which  was  agreed  to. 

Said  Proposed  Amendment  having  been  announced,  on  motion 
of  Mr.  Barnes,  the  same  was  amended  as  follows : 

Page  1,  line  7,  before  the  word  "  services  "  insert  "  materials 
furnished  or  ". 


CONSTITUTIONAL  CONVENTION  429 

Page  1,  line  8,  strike  out  the  word  "  political "  and  insert  the 
word  "  civil  " ;  also  strike  out  the  period  at  end  of  line  and  insert 
the  words  "  or  in  recognition  of  such  service." 

Ordered,  Eeprinted  and  recommitted  to  the  Committee  of  the 
Whole. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  continued  the  consideration  of  the  special  order,  being  "  Pro- 
posed constitutional  amendment  to  insert  in  the  Constitution  a 
new  article  in  relation  to  the  conservation  of  natural  resources." 
(No.  785,  Int.  No.  708.) 

After  some  time  spent  therein,  the  hour  of  six  o'clock  and  thirty 
minutes  p.  m.  having  arrived,  the  Convention  took  a  recess  until 
eight  o'clock  and  thirty  minutes  p.  m. 


EIGHT  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened  and  proceeded  in  the  Commit- 
tee of  the  Whole  with  the  consideration  of  the  Special  Order, 
being  "  Proposed  constitutional  amendment  to  insert  in  the  Con- 
stitution a  new  article  in  relation  to  the  conservation  of  natural 
resources."      (No.  785,  Int.  No.  708.) 

After  some  time  spent  therein,  the  President  resumed  the  Chair, 
and  Mr.  J.  G.  Saxe,  from  said  committee,  reported  progress  and 
asked  leave  to  sit  again  on  Monday  next  and  resume  consideration 
of  said  Special  Order. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  J.  G.  Saxe,  said  Special  Order,  being  "  Pro- 
posed constitutional  amendment  to  insert  in  the  Constitution  a 
new  article  in  relation  to  the  conservation  of  natural  resources  " 
(No.  785,  Int.  No.  708),  was  ordered  reprinted  to  conform  with 
the  amendments  made  in  the  Committee  of  the  Whole. 

On  motion  of  Mr.  J.  G.  Saxe,  the  amendments  offered  in  the 
Committee  of  the  Whole  by  Mr.  Blauvelt  and  Mr.  Angell  and  pend- 
ing at  the  time  the  committee  rose  were  ordered  printed  on  the 
Calendar. 


430  JOURNAL  OF  THE 

Mr.  Lindsay  moved  that  the  Convention  resolve  itself  into  a 
Committee  of  the  Whole  for  the  consideration  of  General  Order 
No.  43. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

On  motion  of  Mr.  J.  G.  Saxe,  the  Convention  adjourned. 


MONDAY,  AUGUST  9,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President  in 
the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  Journal  of  Thursday,  Au- 
gust 5th,  was  approved. 

The  President  presented  the  memorial  of  the  Medico-Legal 
Society  of  New  York,  which  was  referred  to  the  Committee  on 
Judiciary. 

Mr.  Mereness  presented  the  memorial  of  residents  of  the  Thirty- 
second  Senatorial  District,  which  was  referred  to  the  Committee 
on  Civil  Service. 

Mr.  Heaton  presented  the  memorial  of  residents  of  the  Twenty- 
ninth  Senatorial  District,  which  was  referred  to  the  Committee  on 
Civil  Service. 

Mr.  Linde  presented  the  memorial  of  residents  of  the  Borough 
of  Brooklyn,  which  was  referred  to  the  Committee  on  Civil  Service. 

Mr.  Lindsay  presented  the  memorial  of  the  residents  of  the 
Forty-seventh  Senatorial  District,  which  was  referred  to  the  Com- 
mittee on  Civil  Service. 

Mr.  Cobb  presented  the  memorial  of  the  residents  of  the  Fortieth 
Senatorial  District,  which  was  referred  to  the  Committee  on  Civil 
Service. 

Mr.  Curran  presented  the  memorial  of  the  Forty-fifth  and 
Forty-sixth  Senatorial  Districts,  which  was  referred  to  the  Com- 
mittee on  Civil  Service. 

Mr.  Latson  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following : 

Eesolved,  That  the  Committee  of  the  Whole  be  discharged  from 


CONSTITUTIONAL  CONVENTION  431 

the  further  consideration  of  Proposed  Amendment  (No.  763,  Int. 
No.  532)  entitled  "  Proposed  constitutional  amendment  to  amend 
Section  1  of  Article  XI  of  the  Constitution,  in  relation  to  the 
composition  of  the  State  militia." 

which  was  agreed  to. 

Said  Proposed  Amendment  having  been  announced,  on  motion 
of  Mr.  Latson,  said  proposition  was  recommitted  to  the  Com- 
mittee on  Militia  and  Military  Affairs. 

Mr.  J.  L.  O'Brian  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following : 

Eesolved,  That  the  Secretary  cause  to  be  printed  forthwith  1,000 
extra  copies  of  the  amendment  proposed  by  the  Committee  on 
Cities.     (General  Order  No.  50.) 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  presented  the 
following  report: 

The  Committee  on  Rules,  to  which  was  referred  the  resolution 
offered  by  Mr.  Quigg,  in  relation  to  limiting  debate,  reports  that 
it  has  given  consideration  to  the  resolution ;  that  the  committee  is 
of  the  opinion  that  discussion  by  the  Convention  has  not  advanced 
sufficiently  to  make  expedient  at  this  time  the  limitation  of  debate 
proposed  by  Mr.  Quigg,  and  the  committee  therefore  reports  ad- 
versely upon  said  resolution. 

which  report  was  agreed  to. 

Mr.  Low,  from  the  Committee  on  Cities,  to  which  were  referred 
Proposed  Constitutional  Amendments  (Int.  No.  411,  Printed  No. 
423),  introduced  by  Mr.  Wiggins,  in  relation  to  city  sinking  fund; 
(Int.  No.  455,  Printed  No.  467),  introduced  by  Mr.  Baldwin,  in 
relation  to  the  regulation  of  the  issue  of  city  securities;  and  (Int. 
No.  665,  Printed  No.  681),  introduced  by  Mr.  Sanders,  in  rela- 
tion to  the  debt  limit  of  cities,  reports  by  Proposed  Amendment  en- 
titled "  Proposed  constitutional  amendment  to  amend  Section  10 
of  Article  VIII  of  the  Constitution,  by  dividing  it  into  two  sec- 
tions, to  be  known  respectively  as  sections  ten  and  eleven,  by 


432  JOURNAL  OF  THE 

amending  the  second  part  thereof,  and  by  adding  a  new  section  to 
be  known  as  section  twelve  "  (Int.  No.  713),  which  was  read  twice, 
and  said  committee  reports  in  favor  of  the  passage  of  the  same, 
which  report  was  agreed  to  and  said  Proposed  Amendment  was 
ordered  printed  and  referred  to  the  Committee  of  the  Whole. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  with  the  consideration  of  the  Special  Order  being 
"  Proposed  constitutional  amendment  to  insert  in  the  Constitution 
a  new  article  in  relation  to  the  conservation  of  natural  resources.,, 
(No.  787,  Int.  No.  708.) 

After  some  time  spent  therein,  the  President  resumed  the  Chair, 
and  Mr.  J.  G.  Saxe,  from  said  committee,  reported  progress  and 
asked  leave  to  sit  again  on  said  Special  Order. 

On  motion  of  Mr.  Wickersham,  the  Convention  took  a  recess 
until  two  o'clock  and  thirty  minutes  p.  m. 


TWO  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened. 

Mr.  Parsons,  from  the  Committee  on  Industrial  Interests  and 
Relations,  to  which  were  referred  the  following  Proposed  Amend- 
ments, providing  for  the  inclusion  of  occupational  diseases  as  a  sub- 
ject for  workmen's  compensation:  No.  23,  introduced  by  Mr. 
Aiken;  No.  383,  Int.  No.  376,  introduced  by  Mr.  Foley,  and  No. 
569,  Int.  No.  554,  introduced  by  Mr.  Eisner,  reported  by  Proposed 
Amendment  entitled  "  Proposed  constitutional  amendment  to 
amend  Sections  18  and  19  of  Article  I  of  the  Constitution,  in  re- 
gard to  damages  for  injuries  causing  death,  laws  for  the  protection 
of  the  lives,  health  or  safety  of  employees,  and  workmen's  com- 
pensation for  injuries  or  death,  from  accidents  or  occupational 
diseases"  (Int.  No.  714),  which  was  read  twice  and  said  com- 
mittee reported  in  favor  of  the  passage  of  the  same,  which  report 
was  agreed  to  and  said  Proposed  Amendment  ordered  printed  and 
referred  to  the  Committee  of  the  Whole. 

The  Proposed  Amendment  adds  occupational  diseases  to  acci- 
dents a3  a  subject  of  compensation  to  workmen  and  is  in  some 
respects  an  amendment  as  to  form  of  the  present  workmen's  com- 
pensation provision. 

Although  it  may  be  that  illness  from  an  occupational  disease  is 
a  subject  for  compensation  under  the  present  constitutional  pro- 


CONSTITUTIONAL  CONVENTION  433 

vision  for  workmen's  compensation,  that  is  not  certain.     This  will 
make  it  certain. 

The  theory  of  workmen's  compensation  is  that  injuries  happen 
in  industry,  and  that  it  is  better  for  the  employers  and  the  em- 
ployes, for  the  industry  and  for  the  public,  that  "  a  more  just  and 
economical  system  of  providing  compensation  *  *  *  to  em- 
ployes "  should  be  substituted  "  for  wasteful  and  protracted  dam- 
age suits,  usually  unjust  in  their  results  either  to  the  employer  or 
the  employee,  and  sometimes  to  both."  (Opinion  of  Judge  Miller 
writing  for  the  Court  of  Appeals,  in  Matter  of  Jensen,  Document 
No.  19.) 

Occupational  diseases  are  as  likely  to  happen  in  some  lines  of 
work  as  accidents  in  others.  The  same  arguments  apply  for  com- 
pensation for  occupational  diseases  as  apply  for  compensation  for 
injuries  for  accidents. 

Occupational  diseases  may  be  due  either  to  the  substances  with 
which  workmen  have  to  do,  or  to  the  conditions  under  which  they 
must  do  their  work. 

The  substances  which  are  injurious  to  workmen  are  the  metals, 
particularly  lead,  certain  acids  and  soots. 

Of  the  conditions  of  work  which  lead  to  disease,  the  best  known 
is  the  so-called  "  bends  ",  the  disease  of  the  sand-hog  or  caisson- 
worker. 

It  would  be  for  the  Legislature  to  enumerate  the  diseases  for 
which  compensation  would  be  given. 

Your  committee  submits  that  it  is  better  draftsmanship  to 
amend  Section  18  in  the  manner  now  proposed  than  in  the  manner 
in  which  it  is  now  done  in  Section  19,  where  it  is  supposed  that 
Section  18  is  amended  by  the  provisions  that  the  right  to  com- 
pensation under  a  workmen's  compensation  law  is  exclusive  of 
other  rights  or  remedies  and  that  the  law  may  provide  that  the 
amount  of  such  compensation  for  death  shall  not  exceed  a  fixed 
or  determinable  sum. 

Herbert  Parsons, 

Chairman. 


Mr.  Parsons,  from  the  Committee  on  Industrial  Interests  and 
Relations,  to  which  was .  referred  Proposed  Amendment  intro- 
duced by  Mr.  Franchot  (Printed  No.  766,  Int.  No.  131),  entitled 
"  Proposed  constitutional  amendment  to  amend  Article  V  of  the 
Constitution,  by  striking  therefrom  the  provisions  of  Section  8  of 
said  article,  prohibiting  the  creation  of  offices  for  the  weighing, 

28 


434  JOURNAL  OF  THE 

gauging,  measuring,  culling  or  inspecting  any  merchandise,  prod- 
uce, manufacture  or  commodity  whatever,"  reported  as  follows : 

The  Committee  on  Industrial  Interests  and  Relations  recom- 
mends the  passage  of  the  said  Proposed  Constitutional  Amend- 
ment, with  the  following  amendments: 

In  the  title  in  line  one,  after  the  word  "  amend  "  and  before  the 
word  "  article "  insert  "  section  eight," ;  and  after  the  comma, 
following  the  word  "  constitution  ",  strike  out  the  residue  of  the 
title,  and  insert  in  place  thereof  the  following:  "  in  order  to  permit 
the  non-compulsory  inspection  and  grading  of  food  products." 

Page  one,  line  seven,  place  brackets  about  the  word  "  created  ". 

which  report  was  agreed  to,  and  said  Proposed  Amendment  ordered 
reprinted  as  amended  and  referred  to  the  Committee  of  the  Whole. 

This  section  was  inserted  by  the  Constitutional  Convention  of 
1846.  Prior  to  that  time  there  had  been  legislation  which  pro- 
hibited the  export  of  certain  articles  unless  they  were  first  in- 
spected. There  was  a  fee  for  each  inspection.  The  legislation 
was  designed  to  give  to  products  of  New  York  State  an  advantage 
over  products  from  other  States  through  the  supposed  superiority 
of  those  from  New  York  State.  An  army  of  officers  grew  up  under 
it,  and  it  became  a  most  offensive  provision.  It  was  repealed  by 
statute,  and  so  strong  was  the  feeling  that  this  clause  was  inserted 
in  the  Constitution.  It,  of  course,  was  intended  to  prevent  officers 
for  the  comptdsory  weighing,  gauging,  measuring,  culling  or  in- 
specting of  merchandise,  etc.  The  word  "  compulsory,"  however, 
was  not  inserted. 

It  is  the  opinion  of  the  Attorney-General's  office  that  the  pres- 
ence of  the  section  in  its  present  form  might  tend  to  defeat  desir- 
able legislation  in  order  to  protect  producers  and  consumers  of 
various  food  products.  If,  for  instance  in  the  large  centers  to 
which  products  are  sent,  it  is  desirable  to  establish  a  public  market, 
in  order  to  deal  with  the  cost  of  living,  to  eliminate  some  of  the 
middlemen,  and  for  that  purpose,  to  have  goods  brought  to  that 
market,  classified  according  to  standards  which  the  market  may 
establish  for  the  convenience  of  both  sellers  and  producers  alike,  it 
is  doubtful  whether,  under  this  provision,  the  State  could  pay  any 
officers  who  were  selected  to  do  such  inspecting  and  standardizing. 
Under  such  an  arrangement,  it  would  not  be  compulsory  upon 
anyone  to  submit  their  products  to  inspection,  but  unless  they  did 
so,  they  could  not  sell  them  at  the  market.  We  could  not,  for 
instance,  under  this  section  as  it  now  reads,  adopt  the  system 
which  prevails  in  Illinois,  where  there  are  State  officials  with  some 
such  powers  as  these,  and  where  the  Chicago  Board  of  Trade 
allows  nothing  to  be  sold  upon  it  except  under  the  standards  and 
classifications  determined  by  the  State  officials  mentioned.    Under 


CONSTITUTIONAL  CONVENTION  435 

the  Illinois  system,  the  situation  there  is  said  to  be  far  better 
than  the  situation  which,  under  the  present  provision  of  the  Con- 
stitution, is  possible  here.  This  will  merely  make  possible  that 
system  and  will  continue  the  constitutional  provision  with  respect 
to  food  products  in  the  form  in  which  it  was  really  intended  to  be, 
as  adopted  in  1864,  where  it  was  aimed  to  eliminate  compulsory 
inspection,  etc. 

At  a  time  when  the  problem  of  reducing  the  high  cost  of  living 
is  so  acute  over  the  entire  country,  it  is  in  the  last  degree  advis- 
able, in  the  judgment  of  this  committee,  that  the  Legislature 
should  be  left  free  to  meet  that  problem  in  such  manner  as  it  sees 
fit  after  a  full  and  complete  investigation  of  conditions.  It  is 
apparent  from  the  hearings  had  before  this  committee  that  one  of 
the  most  likely  remediable  measures  to  be  adopted  will  be  the 
establishment  of  local  municipal  markets  under  governmental 
control,  and  it  was  clearly  demonstrated  that  no  such  market  could 
be  useful  without  the  ability  to  fix  grades  and  qualities  of  food 
products  dealt  in  thereon.  Section  8  of  Article  V  of  the  Consti- 
tution in  its  present  form  stands  directly  in  the  way  of  any  pro- 
vision for  this  useful  function. 

Herbert  Parsons, 

Chairman, 

Mr.  Parsons,  from  the  Committee  on  Industrial  Interests  and 
Relations,  to  which  was  referred  Proposed  Amendment  introduced 
by  Mr.  A.  E.  Smith  (No.  194,  Int.  No.  193),  entitled  "  Proposed 
constitutional  amendment  to  amend  article  3  of  the  Constitution 
in  relation  to  minimum  wages/'  reported  in  favor  of  the  passage  of 
the  same,  with  the  following  amendments : 

In  the  title,  strike  out  the  word  "  minimum  "  and  insert  in  lieu 
thereof  the  word  "  living  ",  and  after  the  word  "  wages  ",  insert 
the  words  "  to  be  paid  to  women  and  children  ". 

In  line  5,  strike  out  the  words  "  minimum  or  ". 

In  line  6,  strike  out  the  word  "  or  ",  and  insert  in  lieu  thereof 
the  word  "  and  ". 

which  report  was  agreed  to,  and  said  Proposed  Amendment  ordered 
reprinted  as  amended  and  referred  to  the  Committee  of  the  Whole. 

The  number  of  poor  persons  in  this  State  who  are  dependent 
upon  public  charity  is  markedly  on  the  increase.  In  the  year 
ending  September  30,  1913,  the  number  of  persons  supported  in 
county,  city  and  town  almshouse  institutions,  or  receiving  tem- 
porary relief  in  the  several  counties  of  the  State,  was  403,991,  and 
the  expense  therefor  was  $8,401,318.43.  This  enormous  expense 
was  incurred  in  pursuance  of  our  historic  policy  of  having  the 
State  responsible  for  the  poor,  a  policy  which  is  now  set  forth  in 


436  JOURNAL  OF  THE 

the  language  of  Section  2  of  the  Poor  Law,  that  il  a  '  poor  person ' 
is  one  unable  to  maintain  himself,  and  such  person  shall  be  main- 
tained by  the  town,  city,  county  or  State  *  *  *."  The  number 
of  such  persons  who  were  objects  of  such  public  charity  had  in- 
creased 24  per  cent,  in  number  in  the  three  years  from  1910  to 
1913,  and  the  expense  had  increased  37  per  cent.  In  the  twenty 
years  from  1890  to  1910,  the  number  increased  from  175,341  to 
325,653,  an  increase  of  85  per  cent.,  and  the  expense  increased 
from  $3,319,865.25  to  $6,096,958.95,  an  increase  of  83  per  cent., 
although  the  population  of  the  State  in  the  same  period  increased 
only  52  per  cent.  Legislation  which  will  require  that  living  wages 
be  paid  in  industry  is  one  method  of  checking  and  reversing  this 
increase  in  number  and  expense. 

To  what  extent  in  this  State  do  employees  receive  less  than  a 
living  wage,  by  which  is  meant  a  wage  sufficient  to  supply  the 
necessary  cost  of  healthy  living  ?  We  do  not  know.  We  do  know, 
however,  that  there  are  many  thousands.  The  State  Factory  In- 
vestigating Commission,  which  was  authorized  by  the  Legislature 
after  the  Triangle  Shirtwaist  Factory  fire  in  New  York  city, 
studied  the  cost  of  living,  and  also  gathered  the  wage  schedules  of 
105,000  employees  in  certain  trades.  The  conclusion  reached 
by  its  investigators  was  that  a  living  wage  in  New  York  city  for  a 
woman  living  independently  should  be  $9  a  week.  Out  of  45,000 
department  store  employees  receiving  $50  a  week  or  less,  there 
were  13,000  women  eighteen  years  of  age  or  over  who  earned  less 
than  $9  a  week.  Fifty-three  per  cent,  of  all  female  employees  of 
eighteen  years  of  age  or  over  in  stock  and  sales  received  less  than 
$9.  Four  thousand  women  of  eighteen  years  and  over  employed 
in  industrial  lines  were  getting  less  than  $8  a  week,  and  averaged 
$5.79  a  week.  In  half  of  the  wage-earners'  families  that  were 
investigated  there  was  no  male  wage-earner.  One-half  of  the 
people  discovered  in  the  investigation  received  less  than  enough 
to  live  properly  and  independently. 

The  following  is  a  budget  of  the  average  expenditures  for  a  girl 
who  received  $8  a  week: 

Average  for  clothes * $1   50 

Eoom  rent 2  00 

7  breakfasts  and  7  dinners 2  00 

6  lunches 90 

Carfares  for  6  days 60 

Allowance  for  insurance  and  medical  care 25 

Dues,  reading  and  amusement 50 

Savings 25 

$8  00 


CONSTITUTIONAL  CONVENTION  437 

Department  store  women  are  required  to  be  neat  in  their  ap- 
pearance, so  that  the  item  of  clothes  is  an  important  one.  It  will 
be  noticed  that  the  lunches  average  15  cents  each,  and  that  if  each 
breakfast  averages  10  cents,  each,  there  is  not  quite  20  cents  for 
each  dinner. 

Insufficient  wages  mean  that  food  is  cut  down  below  the  level 
of  healthy  subsistence.  This  is  illustrated  by  studies  of  family 
budgets.  In  a  study  of  200  families  made  some  years  ago  in  the 
Old  Greenwich  village  section  of  New  York  city,  it  was  found 
that  in  most  families  about  a  dollar  a  week  for  each  person  in  the 
family  not  an  infant  was  spent  for  food,  except  in  the  very  poor 
or  more  prosperous  families,  that  in  the  week  in  which  the  rent 
was  paid,  the  allowance  for  food  was  frequently  cut  down,  and  that 
if  a  new  pair  of  shoes  or  a  new  coat  was  necessary  for  one  of  the 
children,  the  food  was  apt  to  suffer.  The  23  families  whose  in- 
comes were  less  than  $600  a  year  and  who  were  independent  of 
organized  charity  "  were  underfed,  poorly  clad  and  usually 
wretchedly  housed.'7  Most  families  lived  from  week  to  week.  One 
hundred  and  fifty-three  out  of  the  200  families  had  a  deficit  or 
just  came  out  even  at  the  end  of  the  year.  A  family  of  this  char- 
acter, is  therefore  ''constantly  on  the  verge  of  dependence  —  if 
not  on  the  charity  society — then  on  their  relatives  and  friends, 
in  case  of  any  long  unemployment  or  industrial  depression." 

Insufficient  food  means  a  weakened  body,  a  less  efficient  worker 
and  a  greater  predisposition  to  illness.  Workers  receiving  such 
small  wages  have  nothing  to  spend  by  way  of  preventing  illness, 
and  when  it  comes,  nothing  to  spend  to  cure  it.  Less  than  living 
wages  are  therefore  breeders  of  illness  and  dependency. 

It  cannot  be  definitely  said  that  low  wages  lead  to  immorality. 
It  is  obvious,  however,  and  investigation  has  confirmed  it,. that  the 
temptations  are  less  easily  resisted  when  wages  are  insufficient. 

The  Factory  Investigating  Commission's  investigation  also 
showed  that  to  raise  5,000  women  in  the  large  department  stores 
who  were  receiving  less  than  $9  a  week  to  the  $9  standard  would 
mean  an  addition  of  only  one-third  of  1  per  cent,  in  the  selling 
price,  and  that  to  raise  the  mature  women  in  the  neighborhood 
stores  to  a  wage  of  $9  a  week  and  girls  under  eighteen  to  a  wage 
of  $6  a  week,  would  only  necessitate  pricing  articles  at  a  full  dollar 
instead  of  99  cents. 

Wages  vary  greatly.  One  department  store  paid  86  per  cent, 
of  its  saleswomen  $10  or  more,  and  another  paid  86  per  cent,  less 
than  $10.    There  is  a  lack  of  standard  of  women's  wages. 

In  principle,  the  living  wage  is  not  new.  We  apply  it  in 
government.  Neither  the  Nation,  the  State  nor  any  subdivision  of 
the  State  offers  employment  to  persons  at  the  lowest  wage-  they 
will  take, —  at  wages  insufficient  for  healthy  subsistence.     On  the 


438  JOURNAL  OF  THE 

seem  a  stupid  as  well  as  inhumane  policy  for  the  State  to  employ 
labor  at  less  than  living  wages,  as  it  would  mean  that  the  laborers 
were  likely  later  to  become  dependent  upon  the  State.  The  living 
wage  is  applied  by  many  of  our  largest  corporations.  They  do 
not  seek  to  obtain  labor  at  the  lowest  wages  possible.  They  fix  a 
not  less  than  living  wage  for  all  employees.  The  more  enlightened 
employers  find  that  higher  wages  mean  greater  production.  One 
effect  of  the  policy  of  allowing  only  living  wages  to  be  paid  would 
be  to  compel  the  employer  in  his  competition  to  strive  to  get  the 
more  efficient  help  and  to  employ  only  that  which  is  efficient. 

We  have  sought  in  the  interest  of  the  general  welfare  to  pro- 
tect employees  by  requiring  that  their  work  be  carried  on  under 
sanitary  conditions  and  that  machinery  be  so  guarded  as  to  pre- 
vent accidents.  We  have  prevented  all  competition  among  em- 
ployers along  lines  not  up  to  such  standards.  The  living  wage 
is  designed  to  aid  the  general  welfare  by  requiring  that  workers 
shall  receive  wages  sufficient  for  healthy  subsistence  and  to  exclude 
from  the  realm  of  competition  between  employers,  competition 
for  labor  at  a  less  cost  than  what  is  a  living  wage  to  labor. 

How  does  it  serve  the  general  welfare  that  people  should  be 
employed  at  less  than  living  wages?  WThat  is  to  be  gained  by 
allowing  competition  for  labor  to  be  paid  less  than  a  living  wage  ? 
If  it  is  against  public  policy,  as  we  declare  that  it  is,  to  allow  an  em- 
ployer to  engage  a  woman  to  work  excessive  hours  or  under  insani- 
tary conditions,  is  it  not  equally  against  public  policy  to  permit 
him  to  engage  her  for  wages  insufficient  to  provide  the  food  and 
shelter  without  which  she  cannot  continue  in  health?  From  the 
point  of  view  of  the  employer  one  way  of  increasing  his  expenses 
is  the  same  as  another,  while  to  those  concerned  with  the  public 
welfare,  the  permanent  efficiency  of  industry,  and  the  maintenance 
of  national  health,  adequate  food  is  at  least  as  important  as  reason- 
able hours  or  sanitary  conditions  of  employment. 

Most  employers  desire  to  pay  a  living  wage.  No  living  wage 
legislation  would  be  necessary  to  bring  the  small  employer  to  pay 
living  wages  to  tbe  few  people  whom  he  employs  and  therefore 
well  knows.  His  human  interest  in  them  assures  them  of  living 
wages.  In  large  industries,  however,  the  employer  knows  little 
about  his  employees.  His  relation  is  not  human ;  it  is  impersonal. 
When  it  is  brought  to  his  attention  that  he  is  not  paying  a  living 
wage,  in  most  cases  he  proceeds  to  pay  it.  Many  employers  have 
welcomed  the  suggestions  of  the  Factory  Investigating  Commission 
in  this  respect.  There  are,  however,  some  employers  who  will  pay 
the  lowest  wages  they  can.  They  must  be  dealt  with  by  law,  just 
as  in  connection  with  sanitary  and  accident-preventing  regulations 
in  factories,  they  have  had  to  be  dealt  with  by  law. 


CONSTITUTIONAL  CONVENTION  439 

The  minimum  wage  is  an  Anglo-Saxon  development.  It  started 
in  New  Zealand  in  1894,  and  then  was  taken  up  by  the  various 
states  of  the  Australian  Commonwealth.  In  1909  it  was  enacted 
in  Great  Britain,  first  being  applied  to  only  the  ready-made  and 
wholesale  tailoring,  cardboard-box  making,  chain  making,  and  lace 
finishing  trades.  In  America  it  has,  in  very  recent  years,  been 
enacted  in  California,  Colorado,  Massachusetts,  Minnesota,  Ne- 
braska, Oregon,  Utah,  Washington  and  Wisconsin.  Except  in 
Utah,  where  the  statute  fixes  the  amount  of  the  wages,  the  legisla- 
tion usually  provides  that  a  commission  or  board,  such  as  the 
Industrial  Commission  which  now  exists  by  statute  in  this  State, 
shall  ascertain,  sometimes  with  the  assistance  of  an  advisory 
board  made  up  of  employers  and  employees  in  the  industry,  the 
minimum  wages  needed  to  supply  the  necessary  cost  of  proper  liv- 
ing, and  establishes  them  as  the  minimum  wages  to  1  e  paid, 
making  it  a  violation  of  law  for  an  employer  to  pay  less  than  such 
wages.  In  all  except  Wisconsin  such  legislation  is  only  for  women 
and  children.  There  is  generally  a  provision  in  the  law  that  a 
license  may  be  issued  to  a  woman  physically  defective  by  age  or 
otherwise,  and  authorizing  her  employment  for  a  special  minimum 
wage  less  than  the  regular  minimum  wage. 

In  the  application  of  minimum  or  living  wage  legislation,  it  is 
recognized  that  the  cost  of  living  varies  according  to  localities. 
It  is  also  recognized  that  many  people  who  enter  industry  are  at 
first  only  apprentices,  and  that  they  are  not  to  be  treated  as 
ordinary  employees. 

One  of  the  arguments  made  against  living  wage  legislation  is 
that  it  drives  people  out  of  employment.  If  such  legislation  has 
the  effect  on  industry  of  confining  those  employed  in  it  to  those 
who  are  efficient,  it  has,  in  that  respect  also  rendered  a  service. 
Experience  has  shown,  however,  that  the  number  who  are  driven 
out  of  employment  is  small.  Sometimes  they  are  cared  for  by  the 
system  of  special  licenses  mentioned  above.  They  are,  moreover, 
the  inefficient,  and  are  those  most  likely  to  become  dependents 
of  the  State.  From  the  point  of  view  of  the  taxpayer,  it  is  cheaper 
that  these  few  inefficient  be  driven  out  of  employment,  if  the  many 
others  who,  because  of  insufficient  wages  would  be  in  danger  of  be- 
coming dependents,  are  through  the  payment  to  them  of  living 
wages  prevented  from  becoming  dependents. 

The  machinery  necessary  to  carry  out  living  wage  legislation 
places  some  burden  upon  industry  in  that  it  will  take  some  of  its 
time  and  attention.  We  are  told  that  the  living  wage  plan  "  inter- 
feres with  business,  and  business  is  having  a  hard  time."  But 
that  is  no  argument  against  the  principle.  It  may  appeal  to  our 
sympathies,  but  it  should  not  be  allowed  to  prevail.      It  is  a 


440  JOURNAL  OF  THE 

contrary,  they  fix  wages  which  they  believe  will  be  fair.  It  would 
century  old  as  an  argument,  and  if  admitted  to  be  conclusive,  none 
of  the  beneficent  labor  legislation  that  has  been  enacted  during  the 
past  century  would  ever  have  been  enacted.  The  burden  placed 
upon  our  public  service  corporations  by  rate  legislation  is  consider- 
able, as  is  the  burden  placed  upon  manufacture  through  the 
requirements  of  our  labor  laws  in  regard  to  sanitary  conditions 
and  protection  against  machinery.  But  in  each  case  the  good  has 
far  outweighed  the  burden. 

If  the  Supreme  Court  of  the  United  States  shall  hold  that  the 
minimum  wage  law  of  Oregon,  the  constitutionality  of  which  has 
been  argued  before  it,  is  not  in  violation  of  the  provisions  of  the 
Federal  Constitution,  it  may  be  that  without  this  direct  provision 
our  own  Court  of  Appeals  would  hold  that  such  legislation  is 
within  the  police  power  and  not  in  violation  of  similar  provisions 
of  the  State  constitution,  and  there  is  encouragement  for  this  view 
in  the  language  used  by  Judge  Miller  in  his  recent  opinion  in  the 
Jensen  case.  The  Court  of  Appeals  in  the  Ives  case,  however, 
flatly  disagreed  with  the  then  recent  definition  of  the  police  power 
given  by  the  Supreme  Court  of  the  United  States,  and  for  that 
reason  the  Constitution  should  give  to  the  Legislature  the  power 
to  enact  minimum  wage  legislation. 

Herbert  Parsons, 

Chairman. 

Mr.  Parsons,  from  the  Committee  on  Industrial  Interests  and 
Relations,  to  which  was  referred  Proposed  Amendment  introduced 
by  Mr.  Parsons  (No.  417,  Int.  No.  405),  entitled  "  Proposed  con- 
stitutional amendment  to  amend  Section  19  of  Article  I  of  the 
Constitution,  in  relation  to  legislation  affecting  employees,"  re- 
ported as  follows : 

The  Committee  on  Industrial  Interests  and  Relations  recom- 
mends the  passage  of  the  same  without  amendment,  which  report 
was  agreed  to  and  said  proposed  amendment  referred  to  the  Com- 
mittee of  the  Whole. 

While  the  recent  opinion  of  the  Court  of  Appeals  in  the  Matter 
of  Jensen,  Document  JSTo.  19,  in  which  the  present  Workmen's 
Compensation  Law  is  held  not  to  be  in  violation  of  the  Federal 
Constitution,  may  be  considered  to  indicate  that  it  is  the  intention 
of  that  court,  in  interpreting  the  police  power  and  in  construing 
due  process  clauses,  to  follow  the  lead  of  the  Supreme  Court  of 
the  United  States,  it  is  eminently  desirable  that  this  uniformity 
of  decision  should  be  made  certain.  This  object  is  accomplished 
by  the  amendment.  The  legislation  to  which  it  refers  would  have 
to  pass  the  test  only  of  one  due  process  clause,  namely,  that)  of 


CONSTITUTIONAL  CONVENTION  441 

the  Federal  Constitution,  instead  of  two,  which  though  identical 
in  language  have  been  construed  differently  by  the  Supreme  Court 
of  the  United  States  and  our  own  Court  of  Appeals.  In  the  case 
of  Ives  v.  South  Buffalo  11.  B.  Co.,  201  N.  Y.  271,  in  which  the 
former  Workmen's  Compensation  Law  was  declared  unconstitu- 
tional as  in  violation  of  Section  6  of  Article  I  of  the  State  Con- 
stitution, our  Court  of  Appeals  indicated  that  it  differed  in  its' 
construction  of  the  due  process  language  in  the  State  Constitution 
and  of  its  converse,  the  extent  of  the  police  power,  from  that  of 
the  Supreme  Court  of  the  United  States'  in  the  case  of  Noble 
State  Bank  v.  Haskell,  219  U.  S.  104. 

An  attempt  to  lead  to  uniformity  of  constitutional  decision 
was  made  by  the  Congress  of  the  United  States  in  the  passage  of 
the  act  of  March  3,  1911,  which  amended  section  237  of 
the  Federal  Judiciary  Act  so  as  to  provide  that  the  Supreme 
Court  might  review  a  decision  of  a  state  court  which  had  held 
that  a  state  statute  was  in  violation  of  the  Constitution  of  the 
United  States.  But  unless  this  amendment  is  adopted  the  result 
of  this  extended  right  of  appeal  may  be  to  make  more  glaring 
the  difference  of  construction  given  by  the  two  courts.  Let  us 
■suppose,  for  instance,  that  the  Ives  case  had  come  after  this  right 
of  appeal  had  been  granted  and  had  been  taken  to  the  Supreme 
Court  of  the  United  States,  and  that  that  Court  had  declared  that 
it  was  not  in  violation  of  the  due  process  clause  of  the  Fourteenth 
Amendment  of  the  Federal  Constitution,  although  the  Court  of 
Appeals  of  this  state  had  declared  that  it  was  in  violation  of  the 
due  process  clause,  identical  in  language,  of  the  State  Constitu- 
tion. We  would  then  be  in  the  anomalous  position  of  having  a 
law  of  great  interest  and  moment  held  constitutional  by  the  great- 
est court  in  the  country  but  held  unconstitutional  by  the  greatest 
court  in  the  state,  in  construing  identical  constitutional  language. 
The  State  Court's  opinion  being  supreme  as  to  the  State  Consti- 
tution, the  statute  would  thereby  be  made  inoperative.  Such  a 
situation  is  to  be  avoided  so  far  as  this  legislation  is  concerned, 
it  would  place  New  York  in  the  same  position  as  New  Jersey 
and  Wisconsin,  neither  of  which  has  a  due  process  clause  in  its 
State  Constitution. 

Herbert  Parsoxs, 

Chairman. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  presented  the 
following  report : 

The  Committee  on  Rules  recommends  the  adoption  of  the 
following  special  rule: 

Resolved,  (1)  That  the  debate  on  Section  2  of  the  pending 
amendment  on  conservation  close  at  4:30  p.  m. 


442  JOURNAL  OF  THE 

(2)  The  debate  on  the  entire  amendment  close  at  6  p.  m. 

(3)  That  all  speeches  on  said  amendment  be  limited  not  to 
exceed  twenty  minutes. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  with  the  consideration  of  the  Special  Order,  being 
"  Proposed  Amendment  to  insert  in  the  Constitution  a  new 
article  in  relation  to  the  conservation  of  natural  resources."  (No. 
787,  Int.  No.  708.) 

After  some  time  spent  therein,  the  President  resumed  the 
Chair,  and  Mr.  J.  G.  Saxe,  from  said  committee,  reported  in 
favor  of  the  passage  of  said  Proposed  Amendment,  with  amend- 
ments, which  report  was  agreed  to,  and  said  proposition  ordered 
reprinted  as  amended  and  to  a  third  reading. 

On  motion  of  Mr.  Wickersham,  the  Convention  took  a  recess 
until  eight  o'clock  and  thirty  minutes  p.  m. 


EIGHT   O'CLOCK  AND  THIRTY  MINUTES,  P.   M. 

The  Convention  again  convened. 

Mr.  Leggett  presented  the  following  minority  report  on  "  Pro- 
posed constitutional  amendment  to  amend  Section  nineteen  of 
Article  I  of  the  Constitution,  in  relation  to  legislation  affecting 
employees."     (No.  417,  Int.  No.  405.) 

The  minority  of  the  committee  opposes  the  approval  of  this 
proposal  for  the  following  reasons : 

That  it  would  make  the  Constitution  of  New  York  unique 
among  American  Constitutions,  because  in  effect  it  would  contain 
no  restriction  whatever  on  the  power  of  the  Legislature. 

The  constitutionality  of  no  enactment  could  be  questioned  in 
the  courts  unless  the  Legislature  forgot  to  declare  that  it  was 
"  necessary  for  the  protection  of  the  lives,  health,  safety,  morals  or 
welfare  of  employees." 

J.  C.  Leogett. 


CONSTITUTIONAL  CONVENTION  443 

Mr.  Ostrander  presented  the  memorial  of  residents  of  the 
Thirtieth  Senatorial  District,  which  was  referred  to  the  Com- 
mittee on  Civil  Service. 

On  motion  of  Mr.  Wickersham,  and  by  unanimous  consent, 
General  Order  No.  48,  heretofore  made  a  Special  Order  for 
Tuesday,  August  10th,  was  made  a  Special  Order  for  to-day  in 
place  of  General  Order  No.  46. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole, 
and  proceeded  to  the  consideration  of  the  Special  Orders,  being 
the  proposed  Amendments  entitled  as  follows : 

"  Proposed  constitutional  amendment  to  amend  Section  4  of 
Article  XI  of  the  Constitution,  in  relation  to  the  appointment 
of  military  officers  by  the  governor."     (No.  761,  Int.  No.  531.) 

"  Proposed  constitutional  amendment  to  amend,  Section  6  of 
Article  XI  of  the  Constitution,  in  relation  to  the  removal  of 
commissioned  officers  for  absence  without  leave.'7  (No.  764,  Int. 
No.  535.) 

After  some  time  spent  therein,  the  President  resumed  the 
Chair,  and  Mr.  L.  M.  Martin,  from  said  committee,  reported  in 
favor  of  the  passage  of  the  above  Proposed  Amendments,  which 
report  was  agreed  to  and  said  propositions  ordered  to  a  third 
reading. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  Special  Orders,  being  the 
Proposed  Amendments  entitled  as  follows: 

"  Proposed  constitutional  amendment  to  amend  Section  15  of 
Article  I  of  the  Constitution  of  the  State  of  New  York,  in  rela- 
tion to  Indians."      (No.  769,  Int.  No.  707.) 

"  Proposed  constitutional  amendment  to  amend  Section  5  of 
Article  XI  of  the  Constitution,  in  relation  to  the  manner  of 
election  of  military  officers  prescribed  by  Legislature."  (No.  762, 
Int.  No.  534.) 

After  some  time  spent  therein,  the  President  resumed  the 
Chair,  and  Mr.  L.  M.  Martin,  from  said  committee,  reported  in 
favor  of  the  passage  of  said  Proposed  Amendments  with  amend- 
ments, which  report  was"  agreed  to,  and  said  propositions  ordered 
reprinted  as  amended  and  to  a  third  reading. 


444  JOURNAL  OF  THE 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  General  Orders,  being 
Proposed  Amendment  entitled  as  follows: 

"  Proposed  constitutional  amendment  to  amend  Section  4  of 
Article  II  of  the  Constitution,  in  respect  to  the  enactment  of 
election  and  registration  laws.77     (No.  780,  Int.  No.  711.) 

After  some  time  spent  therein,  the  President  resumed  the 
chair,  and  Mr.  L.  M.  Martin,  from  said  committee,  reported 
progress  and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

The  hour  of  ten  o'clock  and  thirty  minutes  p.  m.  having  ar- 
rived, the  President  declared  the  Convention  adjourned. 


TUESDAY,  AUGUST  10,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  Journal  of  Friday,  August 
6th,  was  approved. 

Mr.  Unger  presented  the  memorial  of  residents  of  the  borough 
of  Manhattan,  which  was  referred  to  the  Committee  on  Civil 
Service. 

Also,  the  memorial  of  residents  of  the  Nineteenth  Senatorial 
District,  which  was  referred  to  the  Committee  on  Civil  Service. 

Also,  the  memorial  of  residents  of  the  Eighteenth  Senatorial 
District,  which  was  referred  to  the  Committee  on  Civil  Service. 

Mr.  Hinman  presented  the  memorial  of  residents  of  the 
Twenty-eighth  Senatorial  District,  which  was  referred  to  the 
Committee  on  Civil  Service. 

Mr.  Burkan  presented  the  memorial  of  residents  of  the  Twen- 
tieth Senatorial  District,  which  was  referred  to  the  Committee 
on  Civil  Service. 

Mr.  Mandeville  presented  the  memorial  of  residents  of  the 
Forty-fir^t  Senatorial  District,  which  was  referred  to  the  Com- 
mittee on  Civil  Service. 


CONSTITUTIONAL  CONVENTION  445 

The  President  presented '  the  resolutions  of  the  Chamber  of 
Commerce  of  the  City  of  Amsterdam,  which  were  referred  to  the 
Committee  on  Cities. 

Also,  the  resolutions  of  the  common  council  of  the  city  of  Dun- 
kirk, which  were  referred  to  the  Committee  on  Cities. 

The  President  presented  the  communication  of  Vincent  Javatt, 
which  was  referred  to  the  Committee  on  Bill  of  Rights. 

The  President  presented  the  resolutions  of  the  common  council 
of  the  city  of  Johnstown,  which  were  referred  to  the  Committee 
on  Education. 

Mr.  Brackett  presented  the  memorial  of  the  Joint  Legislative 
Board  of  the  Brotherhood  of  Locomotive  Engineers,  the  Brother- 
hood of  Locomotive  Firemen  and  Engineers,  the  Order  of  Railway 
Conductors  and  the  Brotherhood  of  Railroad  Trainmen,  which 
were  referred  to  the  Committee  on  Governor  and  Other  State 
Officers,  etc. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  Special  Order,  being 
the  Proposed  Amendment  entitled  as  follows :  "  Proposed  con- 
stitutional amendment  to  amend  the  Constitution  by  inserting  a 
new  article,  in  relation  to  the  budget,  and  to  amend  Section  21 
of  Article  III  of  the  Constitution."     (No.  778,  Int.  No.  709.) 

After  some  time  spent  therein,  the  President  resumed  the 
Chair,  and  Mr.  Marshall,  from  said  committee,  reported  progress 
and  asked  leave  to  sit  again  on  said  Special  Order  at  two  o'clock 
and  thirty  minutes,  p.  m. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  presented 
the  following  report: 

The  Committee  on  Rules  recommends  the  adoption  of  the 
following : 

Resolved,  That  when  the  Convention  resumes  consideration  of 
General  Order  No.  48  (Registration  of  Voters),  debate  shall  be 
limited  to  not  exceeding  one  hour  and  the  speeches  of  individual 
members  to  not  exceeding  10  minutes  each. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in 
the  affirmative. 


446  JOURNAL  OF  THE 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  presented 
the  following  report : 

The  Committee  on  Rules  recommends  the  adoption  of  the 
following : 

Resolved,  That  when  the  consideration  of  a  Special  Order  in 
Committee  of  the  Whole  is  not  finished  by  the  time  set  for  another 
Special  Order,  unless  otherwise  directed  by  the  Convention,  the 
order  under  consideration  shall  continue.  The  Committee  on 
Rules  shall  report  a  rule  for  limitation  of  debate  thereon  and  the 
Special  Order  next  in  order  of  time  shall  follow  thereafter. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it. was  determined  in  the 
affirmative. 

The  hour  of  one  o'clock  p.  m.  having  arrived,  the  President 
declared  the  Convention  in  recess  until  two  o'clock  and  thirty 
minutes  p.  m. 


TWO   O'CLOCK  AND   THIRTY  MINUTES   P.   M. 

The  Convention  again  convened. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  resumed  consideration  of  the  special  order  being  Proposed 
Constitutional  Amendment  to  amend  the  Constitution  by  inserting 
a  new  article,  in  relation  to  the  budget,  and  to  amend  Section 
21  of  Article  III  of  the  Constitution.     (No.  778,  Int.  No.  709.) 

The  hour  of  five  o'clock  and  thirty  minutes  p.  m.  having  arrived 
the  Convention  took  a  recess  until  eight  o'clock  and  thirty  minutes 

P.    M. 


EIGHT   O'CLOCK   AND  THIRTY   MINUTES  P.   M. 

The  Convention  again  convened. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  resumed  the  consideration  of  the  special  order  being  Proposed 
Constitutional  Amendment  to  amend  the  Constitution  by  inserting 
a  new  article,  in  relation  to  the  budget,  and  to  amend  Section 
21  of  Article  III  of  the  Constitution.     (No.  778,  Int.  No.  709.) 


CONSTITUTIONAL  CONVENTION  447 

After  some  time  spent  therein  the  President  resumed  the  chair 
and  Mr.  Marshall  from  said  committee  reported  progress  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

The  hour  of  ten  o'clock  and  thirty  minutes  p.  m.  having  arrived 
the  President  declared  the  convention  adjourned. 


WEDNESDAY,  AUGUST  11,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  Chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham  the  journal  of  Monday,  August 
9th,  was  approved. 

Mr.  Mereness  offered  for  the  consideration  of  the  Convention* 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  of  the  Whole  he  discharged  from 
the  further,  consideration  of  proposed  amendment  (No.  57,  Int. 
No.  57)  entitled  "  Proposed  constitutional  amendment  to  amend 
Section  one,  Article  X  of  the  Constitution,"  and  that  the  same 
be  recommitted  to  the  Committee  on  County,  Town  and  Village 
Officers. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  R.  B.  Smith  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Cities  be  discharged  from 
the  further  consideration  of  proposed  amendment  (No.  774,  Int. 
No.  254)  entitled  "  Proposed  constitutional  amendment  to  amend 
Section  one  of  Article  XII  of  the  Constitution,  in  relation  to 
cities  and  villages." 

which  was  agreed  to. 

Said  proposed  amendment  having  been  announced,  on  motion 
of  Mr.  R.  B.  Smith,  the  same  was  amended  as  follows : 

Page  1,  strike  out  all  italicised  words  beginning  on  line  5 
down  to  and  including  line  7  on  page  2  and  insert  in  italics : 

"  The  Legislature  may,  subject  to  the  provisions  of  this  Con- 
stitution and  to  the  general  laws  of  the  State  applicable  to  all 


448  JOURNAL  OF  THE 

cities  or  to  all  cities  of  a  class  as  hereinafter  defined,  delegate 
to  cities  for  exercise  within  their  respective  local  jurisdictions 
such  of  its  powers  of  legislation  as  to  matters  affecting  them  as 
it  may,  from  time  to  time,  deem  expedient.  Each  city  shall 
have  exclusive  power  to  fix  the  number  and  compensation  during 
service  of  all  officers  and  employees  chosen  by  the  electors  of  the 
city  or  a  division  thereof  or  appointed  by  its  authorities  except 
judicial  officers  and  members  of  local  authorities  having  or  par- 
ticipating in  the  exercise  of  a  general  power  to  fix  the  compensa- 
tion of  officers.  Each  city  shall  also  have  exclusive  power  to  fix 
the  number  and  compensation  during  service  of  all  officers  and 
employees  of  a  county  situated  wholly  within  the  city  except 
officers  chosen  by  electors,  assistants  and  employees  of  district  at- 
torneys and  officers  and  employees  of  courts  of  record." 

Page  2,  line  8,  place  brackets  about  the  comma  following 
"  taxation"  and  insert  in  italics  "and". 

Line  9,  place  bracket  before  the  word  "  borrowing  "  and  strike 
out  the  brackets  about  the  word  "  their  ". 

Line  10,  place  bracket  after  the  word  "  credit ". 

Line  12,  after  the  word  "  and  ",  first  occurring,  insert  in  italics 
"  except  as  herein  otherwise  expressly  provided." 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.  Franchot  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Cities  be  discharged  from 
further  consideration  of  proposed  amendment  (No.  678,  Int.  No. 
662)  entitled  "  Proposed  constitutional  amendment  to  amend 
Article  XII  of  the  Constitution,  so  as  to  provide  for  an  optional 
system  of  home  rule  in  cities." 

which  was  agreed  to. 

Said  proposed  amendment  having  been  announced,  on  motion 
of  Mr.  Franchot,  the  same  was  amended  as  follows: 

Strike  out  section  1  and  insert: 

"  Section  1.  It  shall  be  the  duty  of  the  Legislature  to  provide 
for  the  organization  of  '  legislative  charter '  cities  '  as  hereinafter 
defined '  and  '  for  the  organization  of '  incorporated  villages,  and 
to  restrict  their  power  of  taxation,  assessment,  borrowing  money, 
contracting  debts,  and  loaning  their  credit,  so  as  to  prevent  abuses 
in  assessments  and  in  contracting  debt  by  such  [municipal  cor- 
porations ;  ]  *  legislative  charter  cities  and  incorporated  villages, 
and  to  regulate  the  manner  in  which  any  village  which  shall  have 
attained  a  population  to  be  designated  by  the  Legislature  may 


CONSTITUTIONAL  CONVENTION  440 

elect  to  become  organized  as  a  legislative  charter  city  or  as  a 
home  rule  city  as  each  is  hereinafter  defined.'  [and  t]The 
Legislature  may  regulate  and  fix  the  wages  or  salaries,  the  hours 
of  work  or  labor,  and  make  provision  for  the  protection,  welfare 
and  safety  of  persons  employed  by  the  State  or  by  any  county, 
'  legislative  charter  '  city,  town,  village  or  other  civil  division  oi  • 
the  State,  or  by  any  contractor  or  sub-contractor  performing  work, 
labor  or  services  for  the  State,  or,  for  any  county,  city,  town, 
village  or  other  civil  division  thereof." 

Section  2,  strike  out  lines  13  to  26  down  to  and  including  the 
word  "  cities  "  and  insert: 

"§  2.  All  cities  are  [classified  according  to  the  latest  State 
enumeration,  as  from  time  to  time  made,  as  follows:  The  first 
class  includes  all  cities  having  a  population  of  one  hundred  and 
seventy-five  thousand  or  more ;  the  second  class,  all  cities  having  a 
population  of  fifty  thousand  and  less  than  one  hundred  and 
seventy-five  thousand;  the  third  class  all  other  cities.]  *  divided 
into  two  classes,  namely:  those  organized  under  charters  and  laws 
enacted  by  the  Legislature,  which  shall  be  known  as  legislative 
charter  cities,  and  those  which  shall  have  framed  and  adopted 
charters  as  provided  in  sections  four  and  five  of  this  article  or  as 
provided  by  the  Legislature  for  the  adoption  of  city  charters  by 
villages,  which  shall  be  known  as  home  rule  cities.  The  following 
provisions  of  this  section  shall  not  apply  to  home  rule  cities.'  " 

Page  5,  sections  4,  5,  6  and  7  to  be  stricken  out  and  the  follow- 
ing inserted  in  italics  in  place  thereof: 

"  §■  4.  Exclusive  power  is  hereby  granted  to  every  city,  which 
shall  have  adopted  a  new  charter,  as  herein  provided,  for  the 
exercise  of  such  power,  to  manage,  regulate  and  control  its  own 
property,  affairs  and  government,  subject  to  provisions  of  law 
which  apply  to  the  State  at  large  or  which  apply  to  all  cities  of 
the  State  without  classification  or  distinction.  Such  power  shall 
be  deemed  to  include  the  power  to  manage,  regulate  and  control 
among  other  things:  The  powers,  duties,  qualifications,  mode  of 
selection,  number,  terms  of  office,  compensation  and  method  of  re- 
moval of  all  city  officers  and  employees  and  of  police  and  health 
officers  and  employees  and  non-judicial  officers  and  employees  at- 
tached to  courts  not  of  record ;  and  the  issuance  of  bonds  or  other 
evidences  of  municipal  indebtedness.  Such  power  shall  be  deemed 
not  to  include  the  power  to  manage,  regulate,  or  control  among 
other  things :  public  education ;  the  subjects  of  taxation ;  the  opera 
tion  of  public  utilities  by  private  corporations  or  the  future  ac- 
quirement thereof  by  the  city ;  the  exercise  of  the  power  of  eminent 
domain  without  the  limits  of  the  city ;  the  making,  filing  or  allow- 
ing of  claims  against  the  city  for  torts;  the  establishment  or 
jurisdiction  of  local  inferior  courts ;  or  the  annexation  of  territory 


450  JOURNAL  OF  THE 

to  or  its  separation  from  the  city;  provided,  however,  that  no 
law  regulating  such  matters  with  respect  to  cities  which  does 
not  apply  to  all  the  cities  in  the  State  without  classification  or 
distinction  shall  be  enacted  except  in  conformity  with  the  pro- 
cedure required  by  section  two  of  this  article  for  the  enactment  of 
special  city  laws ;  and  provided,  further,  that  the  Legislature  may 
delegate  to  such  city  or  cities  power  to  manage,  regulate,  or  control 
such  matters. 

"  §  5.  The  legislative  authority  of  any  city  may  by  ordinance, 
subject  to  the  approval  of  the  board  of  estimate  and  apportionment, 
if  any  there  be,  provide  for  the  appointment  or  election  of  a 
charter  commission.  Such  commission  shall  draft  and  file  with  the 
mayor,  for  submission  to  the  voters  at  an  election  as  hereinafter 
provided,  a  proposed  charter  for  the  management,  regulation  and 
control  of  its  property,  affairs  and  government  which  shall  provide 
for  its  future  amendment.  After  such  proposed  charter  shall  have 
been  so  drafted  and  filed,  the  legislative  authority  of  the  city  shall 
provide  by  ordinance  for  its  adequate  publication,  and  for  its 
submission  to  the  voters  of  the  city  at  a  general  municipal  election 
or  at  a  special  election,  and  whether  at  a  general  or  a  special 
election  shall  be  within  the  discretion  of  such  legislative  authority, 
except  that  the  date  of  such  election  shall  not  be  less  than  sixty 
days  nor  more  than  one  hundred  and  twenty  days  after  such  pro- 
posed charter  shall  have  been  filed  with  the  mayor.  If  approved 
by  a  majority  of  the  voters  voting  thereon,  such  charter  shall  be- 
come effective  at  such  time  as  shall  be  fixed  therein  and  shall 
supersede  the  provisions  of  its  .existing  charter  and  of  any  special 
city  law  relating  to  the  property,  affairs,  and  government  of  such 
city.  Thereafter,  the  Legislature  shall  enact  no  law  relating  to 
the  property,  affairs  or  government  of  such  city  which  does  not 
apply  to  all  the  cities  of  the  State  without  classification  or 
distinction. 

"  §  6.  The  Legislature  may,  subject  to  this  condition,  delegate 
to  legislative  charter  cities,  for  exercise  within  their  respective 
local  jurisdictions,  such  of  its  powers  of  legislation  as  to  matters 
affecting  them  as  it  may,  from  time  to  time,  deem  expedient." 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  presented  the 
following  report: 

The  Committee  on  Rules  recommends  the  adoption  of  the  follow- 
ing special  rule,  viz. : 

That  when  consideration  of  G-eneral  Order  No.  40,  (The  Budget 
Plan)  is  resumed  in  Committee  of  the  Whole,  debate  on  amend- 
ments shall  be  limited  to  one  hour,  no  speaker  to  speak  more  than 


CONSTITUTIONAL  CONVENTION  451 

ten  minutes,  and  that  debate  on  the  main  question  shall  close 
at  not  later  than  twelve  o'clock. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  Hinman,  from  the  Committee  on  Future  Amendments  and 
Eevision,  reports  by  Bill,  entitled  "Proposed  constitutional 
amendment  to  amend  article  XIV  of  the  Constitution,  in  relation 
to  future  amendments  and  revisions  of  the  Constitution,  and  per- 
mitting the  validity  of  an  election  on  a  question  submitted  and 
the  determination  of  the  result  of  such  an  election  to  be  contested 
by  any  elector  in  an  action  brought  in  the  Supreme  Court  and  by 
making  provision  with  respect  to  questions  coincidently  submitted 
by  a  Convention  and  the  Legislature"  (Int.  No.  715),  which  was 
read  the  second  time  and  said  committee  reports  in  favor  of  the 
passage  of  the  same,  which  report  was  agreed  to,  and  said  pro- 
posed amendment  ordered  printed  and  referred  to  the  Committee 
of  the  Whole. 

Mr.  Hinman,  from  the  Committee  on  Future  Amendments  and 
Revision,  to  which  was  referred  proposed  amendment,  introduced 
by  Mr.  Marshall  (No.  145,  Int.  No.  145),  entitled  "  Proposed 
constitutional  amendment  to  amend  Article  XV  of  the  Constitu- 
tion with  respect  to  the  time  when  the  Constitution  is  to  go  into 
effect,"  reported  in  favor  of  the  passage  of  the  same,  without 
amendment,  which  report  was  agreed  to,  and  said  proposition  re- 
ferred to  the  Committee  of  the  Whole. 

Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  following: 

"  Proposed  constitutional  amendment  introduced  by  Mr.  Austin 
(No.  746,  Int.  No.  78)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  fifteen  of  Article  III  of  the  Constitution, 
relative  to  the  passage  of  bills  by  the  Legislature,  by  striking  out 
the  authorization  for  the  passage  of  bills  under  emergency  mes- 
sages from  the  Governor." 

Also,  the  proposed  constitutional  amendment  introduced  by  Mr. 
Latson  (No.  761,  Int.  No.  531)  entitled  "Proposed  constitutional 
amendment  to  amend  Section  four  of  Article  XI  of  the  Constitu- 
tion, in  relation  to  the  appointment  of  military  officers  by  the 
Governor." 


452  JOURNAL  OF  THE 

Also,  the  proposed  constitutional  amendment  introduced  by  Mr. 
Latson  (.No.  794,  Int.  No.  534)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  live  of  Article  XI  of  the  Constitu- 
tion, in  relation  to  the  manner  of  election  of  military  officers  pre- 
scribed by  the  Legislature." 

Also,  the  proposed  constitutional  amendment  introduced  by  Mr. 
Latson  (No.  764,  Int.  No.  535)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  six  of  Article  XI  of  the  Constitution, 
in  relation  to  the  removal  of  commissioned  officers  for  absence 
without  leave,"  reports  the  same  as  examined,  found  correct  and 
correctly  engrossed. 

ADOLPH    J.    RODENBECK, 

Chairman. 

Which  report  was  accepted  and  said  proposed  amendments 
ordered  placed  on  the  third  reading  calendar. 

Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  following: 

"  Proposed  constitutional  amendment  (No.  747,  Int.  No.  289) 
introduced  by  Mr.  R.  B.  Smith,  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  twenty-eight  of  Article  III  of  the 
Constitution,  in  relation  to  the  granting  or  allowing  of  extra  com- 
pensation by  legislative  bodies  or  auditing  boards,  bodies  or  offi- 
cers," reports  the  same,  with  the  following  recommendation : 

In  line  8  after  the  word  "  officer  "  strike  out  the  comma. 

Adolpii  J.  Rodenbeck, 

Chairman. 

On  motion  of  Mr.  Wickersham,  said  proposed  amendment  was 
ordered  reprinted  as  amended  and  said  report  laid  upon  the 
table. 

Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  following: 

"Proposed  constitutional  amendment  (No.  775,  Int.  No.  291) 
introduced  by  Mr.  R.  B.  Smith,  entitled  "  Proposed  constitutional 
amendment  to  amend  Article  III  and  section  four  of  Article  IV 
of  the  Constitution,  in  relation  to  voluntary  sessions  of  the  Legis- 
lature and  the  Assembly,"  reports  the  same,  with  the  following 
recommendations : 

Page  1,  line  4,  after  the  word  "  may  "  strike  out  the  comma, 
and  insert  a  comma  after  the  word  "  motion  "  in  the  same  line. 


CONSTITUTIONAL  CONVENTION  453 

Page  1,  line  7,  after  the  word  "  may "  strike  out  the  comma 

and  insert  a  comma  after  the  word  "motion  "  in  the  same  line. 

Page  1,  line  9,  strike  out  the  comma  after  the  word  "  section." 

Page  2,  line  7,  strike  out  the  comma  after  the  word  "  Senate." 

ADOLPH    J.    RoDENBECK, 

Chairman. 

On  motion  of  Mr.  Wickersham,  said  proposed  amendment  was 
ordered  reprinted  as  amended  and  said  report  laid  upon  the 
table. 

Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  following: 

"  Proposed  constitutional  amendment  (No.  793,  Int.  No.  707) 
introduced  by  the  Committee  on  Relations  to  Indians,  entitled 
"  Proposed  constitutional  amendment  to  amend  Section  fifteen 
of  Article  I  of  the  Constitution  of  the  State  of  New  York,  in 
relation  to  Indians/'  reports  the  same  with  the  following  recom- 
mendation : 

Page  2,  line  5,  strike  out  the  comma  after  the  word  "  State." 

ADOLPH    J.    RoDENBECK, 

Chairman. 

On  motion  of  Mr.  Wickersham,  said  proposed  amendment  was 
ordered  reprinted  as  amended  and  said  report  laid  upon  the 
table. 

Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  following: 

"  Proposed  constitutional  amendment  (No.  749,  Int.  No.  698) 
introduced  by  the  Committee  on  Education,  entitled  "  Proposed 
constitutional  amendment  to  amend  Section  one  of  Article  IX  of 
the  Constitution,  in  relation  to  the  supervision  and  control  by  the 
State  of  the  education  of  children,"  reports  the  same,  with  the  fol- 
lowing recommendation : 

Page  1,  line  6,  strike  out  the  word  "  thereof  "  and  insert  in 
place  thereof  in  italics  the  words  "  of  the  State." 

Adolph  J.  Rodenbeck, 

Chairman. 

On  motion  of  Mr.  Wickersham,  said  proposed  amendment  was 
ordered  reprinted  as  amended  and  said  report  laid  upon  the 
table. 


454  JOURNAL  OF  THE 

Mr.  S.  K.  Phillips  presented  the  following  report : 

The  Committee  on  Contingent  Expenses  reports  back  a  com- 
munication addressed  by  the  Legislative  Index  Publishing  Com- 
pany to  Hon.  Elihu  Root,  President  of  the  Convention,  on  the 
subject  of  furnishing  an  index  and  record  containing: 

1.  Amendments  adopted  by  the  Constitution. 

2.  Amendments  advanced  to  third  reading. 

3.  Amendments  favorably  reported  and  in  General  Orders. 

4.  Amendments  adversely  reported  and  pending  in  Convention. 

5.  Amendments  favorably  reported  and  rejected  by  Convention. 

6.  Continuation  of  Index  of  the  Record  relating  to  the  -fiYe 
classes  of  proposed  amendments  above  enumerated,  and  a  bound 
complete  copy  at  the  close  of  the  Convention,  for  the  use  of  the 
delegates  and  certain  others  on  the  mailing  list,  to  be  designated 
by  the  President,  with  the  recommendation  that  the  following 
resolution  be  adopted: 

Resolved,  That  the  Secretary  contract  with  the  Legislative 
Index  Publishing  Company  for  1,350  copies  of  the  Constitutional 
Convention  Index  above  referred  to,  at  an  aggregate  cost  of  $4,355. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  resumed  the  consideration  of  the  special  order,  being  "  Pro- 
posed constitutional  amendment  to  amend  the  Constitution  by  in- 
sorting  a  new  article,  in  relation  to  the  budget,  and  to  amend 
Section  21  of  Article  III  of  the  Constitution."  (No.  778,  Int. 
No.  709.) 

After  some  time  spent  therein,  the  President  resumed  the  chair, 
and  Mr.  Marshall,  from  said  committee,  reported  progress  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

Mr.  Wagner  moved  that  the  Convention  resolve  itself  into  a 
Committee  of  the  Whole  for  the  further  consideration  of  the 
special  order,  being  "  Proposed  constitutional  amendment  to 
amend  the  Constitution  by  inserting  a  new  article,  in  relation  to 
the  budget,  and  to  amend  Section  21  of  Article  III  of  the  Con- 
stitution."    (No.  778,  Int.  No.  709.) 


CONSTITUTIONAL  CONVENTION  455 

Mr.  J.  L.  O'Brian  moved  to  amend  said  motion  by  adding 
thereto : 

"  And  that  the  debate  on  the  amendments  be  limited  to  ten 
minutes  to  each  speaker  and  that  the  final  vote  on  the  amend- 
ments and  said  special  order  be  taken  not  later  than  five  o'clock 
p.  m.  to-day." 

which  amendment  was  agreed  to. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  as  amended  and  it  was  determined  in  the 
affirmative. 

The  Convention  thereupon  resolved  itself  into  a  Committee  of 
the  Whole  for  the  further  consideration  of  said  special  order. 

After  some  time  spent  therein  the  hour  of  one  o'clock  p.  m. 
having  arrived  the  Convention  took  a  recess  until  two  o'clock  and 
thirty  minutes  p.  m. 


TWO  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened  and  resolved  itself  into  a  Com- 
mittee of  the  Whole  and  resumed  consideration  of  the  special 
order  being  Proposed  Constitutional  Amendment  to  amend  the 
Constitution  by  inserting  a  new  article,  in  relation  to  the  budget, 
and  to  amend  section  21  of  Article  III  of  the  constitution.  (No. 
778,  Int.  No.  709.) 

After  some  time  spent  therein,  the  President  resumed  the  chair 
and  Mr.  Marshall  from  said  committee  reported  in  favor  of  the 
passage  of  said  proposed  amendment  with  amendments,  which  re- 
port was  agreed  to  and  said  proposition  ordered  reprinted  as 
amended  and  to  a  third  reading. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order,  being 
"  Proposed  constitutional  amendment  to  amend  Section  4  of 
Article  II  of  the  Constitution,  in  respect  to  the  enactment  of 
election  and  registration  laws."     (No.  780,  Int.  No.  711.) 


456  JOURNAL  OF  THE 

After  some  time  spent  therein,  the  President  resumed  the 
chair  and  Mr.  Marshall,  from  said  committee,  reported  progress 
and  asked  leave  to  sit  again  at  eight  o'clock  and  thirty  minutes 
p.  M.  on  said  special  order. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

Mr.  Tanner,  from  the  Committee  on  Governor  and  Other  State 
Officers  to  which  was  referred  proposed  amendments  as  follows: 
Int.  No.  85,  Pr.  No.  85,  by  Mr.  E.  N.  Smith;  Int.  No.  110,  Pr. 
No.  110,  by  Mr.  Brookes;  Int.  No.  Ill,  Pr.  No.  Ill,  by  Mr.  R 
B.  Smith ;  Int.  No.  125,  Pr.  No.  125,  by  Mr.  C.  Nicoll ;  Int.  No. 
172,  Pr.  No.  172,  by  Mr.  Bernstein;  Int.  No.  179,  Pr.  No.  179, 
by  Mr.  L.  M.  Martin;  Int.  No.  186,  Pr.  No.  186,  by  Mr.  Lincoln; 
Int.  No.  222,  Pr.  No.  224,  by  Mr.  Pelletreau;  Int.  No.  293, 
Pr.  No.  296,  by  Mr.  Leggett;  Int.  No.  300,  Pr.  No.  304,  by  Mr. 
Dunlap ;  Int.  No.  404,  Pr.  No.  416,  by  Mr.  Latson ;  Int.  No.  418, 
Pr.  No.  430,  by  Mr.  Wadsworth;  Int.  No.  436,  Pr.  No.  448,  by 
Mr.  R  B.  Smith;  Int.  No.  472,  Pr.  No.  484,  by  Mr.  Deyo;  Int. 
No.  498,  Pr.  No.  510,  by  Mr.  J.  G.  Saxe;  Int.  No.  540,  Pr.  No. 
555,  by  Mr.  J.  G.  Saxe;  Int.  No.  552,  Pr.  No.  567,  by  Mr. 
Eisner;  Int.  No.  635,  Pr.  No.  651,  by  Mr.  Donnelly;  Int.  No. 
668,  Pr.  No.  684,  by  Mr.  Brackett;  Int  No.  694,  Pr.  No.  727, 
by  Mr.  J.  G.  Saxe,  reported  by  proposed  constitutional  amendment 
entitled  "  Proposed  constitutional  amendment  repealing  sections 
1,  2,  3,  4,  6  and  7  of  article  five  and  creating  a  new  article  five 
in  relation  to  state  officers."  (Int.  No.  716),  which  was  read  twice 
and  said  committee  reports  in  favor  of  the  passage  of  the  same, 
which  report  was  agreed  to  and  said  proposed  amendment  ordered 
printed  and  referred  to  the  committee  of  the  whole. 

Mr.  Tanner,  for  the  Committee  on  Governor  and  Other  State 
Officers,  makes  the  following  report  to  the  Convention: 

The  Governor  and  Other  State  Officers  whose  powers  and  duties 
have  been  referred  to  your  committee  for  consideration  are  pro- 
vided for  in  Articles  IV,  V  and  VIII  of  the  Constitution,  and  in 
a  great  number  and  variety  of  statutes.  There  were  152  depart- 
ments, bureaus,  boards  and  commissions  which,  on  the  first  day  of 


CONSTITUTIONAL  CONVENTION  457 

January,  1915,  constituted  the  executive  branch  of  the  State 
government.  In  numerous  instances  these  overlap  in  jurisdic- 
tion, and  conflict  in  operation.  This  evil  has  been  apparent  to 
the  public  in  the  multiplicity  of  inspections  and  conflicting  orders 
coming  from  unrelated  and  independent  bureaus. 

Except  in  some  specific  matters  and  to  a  partial  extent,  these 
agencies  are  independent  of  each  other  and  not  subject  to  the  in- 
spection, supervision  or  control  of  any  superior  authority,  unless 
it  be  the  Governor  himself.  It  is  manifestly  impossible  for  the 
Governor  personally  to  exercise  direct  supervision  over  such  a 
multitude  of  agencies.  They  are,  therefore,  practically  free  from 
effective  control.  They  cannot  practically  be  held  accountable  for 
what  they  do,  or  fail  to  do. 

The  Purpose  of  the  Committee 

The  purpose  of  the  committee  has  been  to  provide  for  a  sys- 
tematic plan  of  departmental  organization;  to  simplify  and  co- 
ordinate the  administrative  machinery  of  the  State;  to  subject 
every  executive  agency  of  the  State  government  to  practical  ac- 
countability and  to  fix  responsibility  for  the  execution  of  the 
laws. 

Your  committee  has  conferred  with  the  other  committees  hav- 
ing in  charge  related  subjects  and  has  sought  to  conform  the 
article  now  reported  to  the  several  plans  outlined  in  their  re- 
ports. 

The  present  Constitution,  article  IY,  section  4,  provides  that 
the  Governor  "  shall  take  care  that  the  laws  are  faithfully 
executed."  It  is  the  opinion  of  your  committee  that  the  executive 
machinery  placed  at  his  disposal  is  not  well  suited  to  the  pur- 
pose, and  makes  economy  and  efficiency  in  the  administration  of 
such  laws  practically  impossible. 

The  Criticism  is  of  Systems,  not  Individuals 

The  changes  recommended  in  this  report  are  not  a  criticism  of 
any  individual  either  in  this  or  in  previous  adnr.nistrations.  The 
criticism  is  of  the  defective  system  under  which  our  p.blic  ser- 
vants have  labored  at  great  disadvantage  to  render  public  service. 
The  machinery  of  government  is  built  wrongly  and  no  one  under 
present  conditions  can  make  it  work  well.  It  is  this  condition 
to  which  President  Taft  referred  when  he  told  the  committee  that 


458  JOURNAL  OF  THE 

a  study  of  the  government  of  the  State  of  New  York  aroused  in 
him  feelings  "  of  profound  admiration  for  the  political  adaptabil- 
ity of  the  people  to  make  a  machine  work  that  nobody  who  had 
any  real  business  sense  would  think  would  work  under  any  con- 
ditions." 

Remedy  must  be  Provided  by  this  Convention 

The  situation  described  cannot  be  cured  by  the  Legislature 
alone.  It  must  be  provided  for  by  constitutional  enactment. 
The  existing  plan  of  State  government  is  not  a  creation  by  design, 
but  is  a  growth  by  accretion.  In  1894,  when  the  last  Constitu- 
tional Convention  sat,  the  number  of  departments,  boards,  com- 
missions, etc.,  was  39.  Since  that  time,  there  has  been  addition 
after  addition  until  now  the  number  in  the  executive  branch  is 
152,  an  increase  of  113  or  nearly  four-fold.  Within  the  same 
period,  the  cost  of  government,  exclusive  of  interest  on  the  canal 
and  highway  debts  and  of  the  free  school  fund,  has  increased  as 
follows : 

1895 $12,066,646  97 

1900 17,696,398  85 

1905 24,511,946  95 

1910  .  . 34,791,576  01 

1914 42,408,488  24 


The  growth  of  expenditures  from  1895  to  1914  is  approxi- 
mately from  $12,000,000  to  $42,000,000,  whereas  the  growth  in 
population  during  the  same  period  was  from  6,513,343  to  9,899,- 
761,  and  the  per  capita  cost  of  State  government  rose  from 
$2.47  in  1895  to  $5.41  in  1914,  an  increase  of  235  per  cent,  dur- 
ing the  last  nineteen  years,  whereas  the  population  of  the  State  in 
the  same  period  has  only  gained  53  per  cent. 

While  due  allowance  must  be  made  for  this  increase  because  of 
the  extended  activities  of  the  government  and  a  bad  financial 
system,  yet  it  is  the  opinion  of  your  committee  that  this  unprec- 
edented growth  is  due  in  great  part  to  the  faulty  and  wasteful 
system,  or  lack  of  system  herein  referred  to. 

Your  committee  has,  therefore,  addressed  itself  to  the  task  of 
formulating  a  plan  which  would  check  the  constant  rise  in  the 
burdens  of  taxation  and  enable  the  people  to  exercise  a  more  direct 
control  over  their  public  servants.     The  plan  proposed  does  not 


CONSTITUTIONAL  CONVENTION  459 

change  the  functions  of  the  State,  but  is  confined  to  the  methods 
of  performing  existing  functions.  To  phrase  it  more  simply, 
jour  committee  is  not  trying  to  determine  what  the  State  should 
do,  but  to  find  a  better  way  to  do  it. 

Failure  of  Present  System  Recognized  by  Both  Political 

Parties 

This  failure  in  the  present  system  has  been  recognized  by  both 
of  the  great  political  parties  of  the  State  in  clear  and  explicit 
terms.  In  1914  the  Republican  State  platform,  framed  especially 
with  a  view  to  this  revision  of  the  Constitution,  declared : 

"  The  inefficiency,  extravagance  and  corruption  which  have 
characterized  our  state  government  reveal  the  necessity  of 
locating  the  responsibility  for  misgovernment  in  such  a  way 
that  the  people  of  the  state  can  more  certainly  hold  known 
officers  to  accountability  and  condemnation.  In  this  way 
the  people  can  best  secure  the  satisfactory  accomplishment 
of  their  purposes  and  due  responsibility  for  wrongdoing. 
We  recommend  a  substantial  reduction  in  the  number  of  elec- 
tive officials  by  the  application  of  the  principles  of  the  short 
ballot  to  the  executive  officers  of  the  state.  To  prevent  the 
multiplication  of  offices,  we  recommend  that  the  various  ad- 
ministrative functions  of  the  state,  so  far  as  practicable,  be 
vested  in  a  limited  number  of  departments.  The  present 
duplication  of  effort  and  expense  in  the  public  institutions  of 
the  state  should  be  remedied  by  the  establishment  of  a  simpler 
and  better  organized  system.'' 

With  the  same  realization  of  the  necessity  for  action,  the  Demo- 
cratic platform  of  1914  declared: 

"  There  should  be  no  divided  authority  or  responsibility  in 
executing  and  administering  the  laws  of  the  state.  The  time 
has  come  to  give  the  people  control  of  their  executive  gov- 
ernment. The  responsibility  should  be  centered  in  the  gov- 
ernor. He  should  have  the  absolute  power  of  removal.  The 
various  boards  and  commissions  should  be  made  subject  to 
the  control  of  the  governor.  General  rules  should  be  pre- 
scribed by  the  Constitution  on  these  subjects,  and  for  the 
organization  of  new  departments.     The  people  should  be  able 


460  JOUK^AL  OF  THE 

to  know  whom  to  hold  responsible  for  any  failure  in  the  exe- 
cution, or  mal-administration,  of  their  laws,  and  not  have 
their  attention  divided  and  distracted  by  a  number  of  elec- 
tive, executive  and  administrative  officials,  either  elective  or 
appointive,  but  be  enabled  to  concentrate  their  attentions,  and 
to  devote  their  energies  to  the  election  or  defeat  of  fewer 
officials ;  therefore,  to  center  responsibility  for  executive  and 
administrative  action,  and  to  give  full  force  and  effect  to  the 
power  of  the  people,  we  favor  an  amendment  to  the  Constitu- 
tion providing  for  the  election  only  of  the  governor,  lieuten- 
ant-governor, comptroller,  and  attorney-general  and  we  pledge 
ourselves  to  the  preparation  and  submission  of  a  scheme  of 
constitutional  amendment  which  shall  concentrate  responsibil- 
ity for  executive  management,  shall  simplify  the  administra- 
tive system  of  the  state  and  shall  provide  general  rules  of 
departmental  organization  for  the  future  guidance  of  the 
Legislature." 


Legislature  Must  Act  Within  Constitutional  Plan 

Provided 

Clearly  the  demand  for  this  change  is  not  a  partisan  one.  The 
problem  has  been  approached  in  this  spirit,  and  we  herewith 
submit  a  grouping  of  all  the  related  administrative  functions  of 
the  State  in  a  systematic  plan  of  co-ordinated  departments.  All 
that  your  Committee  has  attempted  to  do  is  to  provide  on  broad 
lines  a  departmental  system,  leaving  the  important  task  of  the 
internal  organization  of  such  departments  to  the  Legislature,  giv- 
ing to  it  power  to  make  readjustments  therein  whenever  necessary 
and  prohibiting  it  from  creating  any  office  or  functions  of  State 
government  not  assigned  to  one  of  these  departments.  This  will 
prevent  the  further  growth  of  unrelated  and  conflicting  agencies 
which  has  characterized  the  period  since  the  adoption  of  the  Con- 
stitution of  1894  and  give  to  the  general  departments  of  executive 
government  a  stability  beyond  legislative  disturbance. 

The  present  Constitution  contains  an  enumeration  of  elective 
State  officers,  but  presents  no  plan  of  general  organization.  The 
State  Superintendent  of  Public  Works  and  the  State  Superin- 
tendent of  Prisons  are  made  constitutional  officers,  but  the  Com- 
missioner of  Highways,  the   Superintendent  of  Insurance,   the 


CONSTITUTIONAL  CONVENTION  461 

Superintendent  of  Banks,  and  many  others  of  equal  importance, 
are  statutory  only,  and  subject  to  change  by  the  Legislature.  There 
is  no  logical  reason  why  some  departments  should  be  included  in 
the  Constitution  and  others  whose  functions  are  often  similar  in 
nature,  and  of  equal  or  greater  importance,  left  out.  The  un- 
scientific arrangement  in  such  departments  as  are  mentioned  in 
the  Constitution,  is  illustrated  by  the  present  Article  V,  section  3, 
which  provides  that  the  Superintendent  of  Public  Works  shall 
hold  office  until  the  end  of  the  term  of  the  Governor  by  whom  he 
was  appointed,  that  is  for  two  years,  but  provides  that  the  depu- 
ties named  by  the  Superintendent  of  Public  Works  shall  hold 
their  office  for  three  years. 

Natural  Grouping  of  Departments 

The  plan  proposed  by  your  committee  divides  itself  naturally 
into  three  groups,  according  to  the  general  functions  of  the  officers 
or  departments  described. 

First,  the  Attorney-General,  who  is  the  law  officer  of  the  State 
and  the  adviser  of  the  departments,  and  the  Comptroller,  who 
under  the  proposed  system  is  a  State  wide  auditing  officer,  are 
continued  as  elective  officers.  Members  of  the  committee  who  favor 
the  appointment  of  these  officers  have  yielded  their  views  to  others 
who  prefer  their  election.  The  basis  of  this  compromise  is  to  be 
found  in  the  peculiar  relation  which  these  two  officers  hold  to  the 
people  of  the  State  as  a  whole. 

Second,  the  agencies  of  government  which,  from  the  character 
of  their  jurisdiction  and  authority,  cannot  be  considered  as  purely 
executive  arms  of  the  State  government.  These  boards  or  com- 
missions possess,  to  a  large  degree,  judicial  or  legislative  functions, 
and  make  rules  and  regulations  under  delegated  authority  from 
the  Legislature.  To  this  class  belong  the  Department  of  Educa- 
tion and  its  Board  of  Begents,  the  Public  Service,  the  Conservation, 
and  the  Civil  Service  Commissions.  These  sustain  exceptional 
relations  to  the  Governor.  They  serve  for  longer  terms,  and 
their  removal  has  been  made  more  difficult  than  that  of  the  heads 
of  purely  executive  departments. 

Third,  the  departments  which  are  strictly  executive  in  nature. 
These  are  the  arms  of  the  Governor  by  which  he  takes  "  care  that 
the  laws  are  faithfully  executed,"  and  for  their  acts  he  is  held 
accountable.     There  was,  accordingly,  a  strong  sentiment  in  the 


4:62  JOURNAL  OF  THE 

committee  in  favor  of  the  independent  appointment  and  removal 
of  these  officers  by  the  Governor.  But  a  compromise  was  finally 
reached  by  providing  that  the  appointments  should  be  subject 
to  the  advice  and  consent  of  the  Senate.  The  heads  of  depart- 
ments thus  appointed  constitute  the  group  of  advisers  on  whom 
the  Governor  must  depend  for  carrying  out  the  policies  of  his 
administration.  His  authority  over  them  should  be  unquestion- 
able and  direct. 

Few  Changes  in  Existing  Departments 

Of  the  nine  civil  executive  departments  referred  to  in  section 
7  of  this  article,  little  change  has  been  proposed  in  the  functions 
of  six;  to  wit,  departments  of  State,  Health,  Agriculture,  Bank- 
ing, Insurance,  Labor  and  Industry,  excepting  that  certain  mis- 
cellaneous duties  of  collecting  public  revenues  now  performed  by 
some  of  them  have  been  transferred  to  the  Department  of  Taxation 
and  Finance,  including  the  collection  of  the  automobile  tax  now 
made  by  the  Secretary  of  State;  the  tax  on  foreign  insurance 
companies  now  collected  by  the  Superintendent  of  Insurance;  the 
charges  on  foreign  bankers  now  collected  by  the  Superintendent 
of  Banks. 

The  Department  of  Public  Works  will  include  the  functions 
of  the  State  Engineer  and  Surveyor,  the  State  Superintendent  of 
Public  Works,  the  State  Commissioner  of  Highways,  the  State  De- 
partment of  Public  Buildings  and  the  State  Architect.  This  con- 
solidation was  recommended  by  the  State  Engineer  and  by  the 
Superintendent  of  Public  Works  and  by  virtually  the  unanimous 
testimony  of  engineers,  both  within  and  without  the  State  service. 

By  the  proposed  Department  of  Charities  and  Corrections,  the 
Committee  has  sought  to  retain  the  advantages  of  the  present 
system  relating  to  the  care  of  the  insane,  by  continuing  the  pro- 
visions of  the  present  Constitution  covering  this  subject.  The 
State  Board  of  Charities,  the  State  Commission  in  Lunacy,  and 
the  State  Commission  of  Prisons  have  been  continued  with  their 
functions  unimpaired,  but  it  is  the  opinion  of  your  Committee 
that  better  co-operation  and  greater  accountability  will  be  secured 
among  the  various  departments  and  institutions  having  care  of 
the  wards  of  the  State  by  the  provision  for  a  Secretary  of  Charities 
and  Corrections  who  shall  have  power  of  inspection  and  super- 
vision over  these  institutions. 


CONSTITUTIONAL  CONVENTION  463 

The  Department  of  Taxation  and  Finance  under  the  proposed 
plan  will  be  devoted  to  the  collection  and  care  of  public  revenues. 
It  is  intended  to  be  the  financial  arm  of  the  state  government. 
The  Governor  must  look  to  the  head  of  this  department  as  his 
adviser  on  all  matters  of  state  finance. 

The  Comptroller,  under  the  proposed  plan,  will  represent  the 
people  of  the  State,  directly  commissioned  by  them  to  keep  a 
watch  upon  the  acts  of  all  the  executive  departments  to  see  to  it 
that  the  revenues  of  the  State  are  expended  in  accordance  with  the 
intent  of  the  Legislature;  that  all  the  safeguards  and  limitations 
prescribed  by  law  are  observed;  and  it  will  be  his  duty  to  call 
the  attention  of  the  representatives  of  the  people  in  the  Legisla- 
ture to  any  wrongdoing  upon  the  part  of  the  executive  officers,  and 
if  the  wrongdoing  is  of  such  a  character  as  to  call  for  legal  redress, 
it  will  be  his  duty  to  call  it  to  the  attention  of  the  attorney-general. 
The  vouchers  representing  the  expenditures  of  the  revenue  of 
the  State  will  come  under  his  scrutiny  and  be  subject  to  his  action 
for  the  protection  of  the  public  treasury. 

It  is  manifest  that  the  officer  who  performs  these  functions 
should  not  himself  be  an  executive  officer  collecting  and  expending 
funds  of  the  State.  The  two  functions  of  the  actor  in  financial 
transactions  and  the  critic  of  the  actor  must  be  separated  if  there 
is  to  be  efficient  criticism.  For  this  reason  the  proper  functions 
of  the  Comptroller  have  been  concentrated  in  the  one  officer, 
who,  because  of  the  nature  of  these  particular  functions,  is  to  be 
elected  by  the  people  so  that  he  may  be  independent  of  the  whole 
executive  government  of  which  he  is  the  critic  and  upon  which  he 
is  the  check,  while  the  active  functions  of  collecting  and  disburs- 
ing the  moneys  of  the  State  have  been  vested  in  another  officer 
who  is  called  the  treasurer  as  the  head  of  the  Department  of  Tax- 
ation and  Finance. 

In  the  extensive  hearings  before  the  committee,  no  one  ques- 
tioned the  serious  evils  which  have  resulted  from  the  defective 
organization  of  government  in  this  State  and  no  one  suggested 
any  general  plan  of  improvement  containing  other  general  princi- 
ples than  those  incorporated  in  this  report.  In  the  opinion  of  your 
committee  the  Convention  must  adopt  such  a  plan  as  this  in  sub- 
stance or  must  fail  to  give  relief  from  the  grave  and  unquestioned 
evils  at  which  this  plan  is  aimed. 

This  is  a  complete  revision  of  Article  V  excepting  sections  5, 
8  and  9  which  are  subject  to  a  supplemental  report  after  other 
committees  dealing  with  these  subjects  have  reported  to  the  Con- 
vention. 


464  JOURNAL  OF  THE 

Mr.  C.  Nicoll  presented  the  following  minority  report. 

With  those  recommendations  of  the  Committee  on  Governor 
and  other  State  officers  which  provide  for  the  classification  of  the 
civil  activities  of  the  State  into  broad  divisions,  each  under  the 
control  of  an  administrative  head  appointed  by  the  Governor,  I  am 
in  hearty  accord. 

I  dissent  from  the  proposal  only  so  far  as  the  Committee  has 
seen  fit  to  depart  from  its  excellent  plan  in  proposing  that  two  of 
the  most  important  divisions  of  government,  that  of  audit  and 
justice,  each  headed  by  a  single  officer,  and  each  peculiarly  a  part 
of  the  executive  department  and  particularly  charged  with  the 
execution  of  the  laws,  be  omitted  from  the  general  arrangement. 
These  offices,  the  Committee  has  provided,  shall  be  selected  in 
another  manner,  to  wit:  by  popular  election. 

Neither  the  offices  of  the  attorney-general  of  the  State  nor  that 
of  the  comptroller  determine  any  policy  of  government  in  which 
the  people  at  large  take  interest.  Important  as  these  officers  now 
are  and  more  important  as  they  will  be  if  the  proposal  of  the 
Committee  is  adopted,  the  sole  interest  the  people  have  in  them, 
as  well  as  in  the  other  branches  of  the  executive  department,  is 
simply  that  they  be  honestly  and  efficiently  administered. 

The  attorney-general  should  be  appointed  by  and  responsible  to 
the  Governor  because  an  incident  of  the  executive's  duties  is  the 
enforcement  of  public  policies  by  litigation.  In  fulfilling  the 
mandate  that  the  Governor  shall  take  care  "  that  the  laws  are 
faithfully  executed/',  it  is  vitally  necessary  for  him  to  have  at 
his  command  the  full  legal  force  of  the  State.  It  is  absurd  to  give 
the  Governor  full  power  to  enforce  the  statutes  of  the  State  by 
means  of  the  militia  and  begrudge  him  power  to  enforce  the  laws 
by  the  more  peaceful  process  of  litigation. 

Further,  an  appointive  attorney-general  being  in  full  confidence 
of  the  administration  would  act  as  legal  adviser  for  other  executive 
departments  and  furnish  them  expert  legal  assistance  in  the 
same  manner  as  it  is  proposed  that  the  Department  of  Public 
Works  will  supply  expert  engineering  assistance  to  other  depart- 
ments. His  retention  as  an  elective  official  means,  on  the  contrary, 
the  creation  of  another  legal  bureau  or  series  of  legal  bureaus 
to  provide  counsel  for  the  Governor  and  his  department  heads. 

The  comptroller  should  be  appointed  because  any  other  method 
of  selection  is  a  serious  impairment  of  the  Governor's  responsi- 
bility to  see  that  the  moneys  of  the  State  are  expended  legally  and 


CONSTITUTIONAL  CONVENTION  465 

in  the  manner  and  for  the  purposes  contemplated  by  the  Legis- 
lature. The  chance  that  the  Governor  and  the  comptroller  might 
conspire  together  to  defraud  the  State  is  remote  and  is  fully 
guarded  against,  by  the  remedies  of  impeachment  provided  else- 
where in  the  Article  and  in  the  Constitution.  Through  a  comp- 
troller appointed  by  and  responsible  to  the  Governor,  an  audit 
would  be  provided,  not  independent  of  the  Governor,  of  course,  but 
which  would  be  free  of  outside  political  pressure  and,  what  is 
possibly  more  important,  free  of  personal  political  ambitions.  The 
election  of  a  comptroller  by  popular  vote  to  watch  the  executive 
and  legislature  is  presenting  him  with  a  letter  of  marque  to  prey 
on  other  departments  and  is  the  creation  of  an  official  whose  success 
will  be  measured  in  the  public  mind  by  his  muck-raking  ability. 

A  Legislature  to  enact  and  an  executive  to  enforce  the  laws 
are  foundation  stones  of  our  government.  Fear  that  by  giving 
the  executive  full  power  to  enforce  the  law  he  may  do  wrong  is 
fear  that  the  people  have  not  intelligence  or  capacity  to  select  their 
Governor  or  their  Legislature,  which  may  remove  him.  It  is  fear 
of  popular  rule ;  of  the  hazard  of  democracy.  Rule  by  the  people 
can  be  better  secured  by  giving  to  them  simple  means  for  exercising 
control  through  a  single  efficient  and  harmonious  executive  depart- 
ment, rather  than  by  dividing  that  department  in  a  manner  that 
will  destroy  its  harmony  for  fear  that  the  people  may  sometimes  be 
unfortunate  in  their  choice. 

Respectfully  submitted, 

COURTXANDT   NlCOLL. 


Mr.  Baldwin  presented  the  following  minority  report: 

I  dissent  from  this  so-called  "  Short-Ballot  Bill."  However 
admirable  the  purposes  the  means  suggested  are  fallacious.  The 
cure  is  worse  than  the  ill.  Centralized  government  might  tend  to 
economy,  but  it  would  inevitably  bring  discontent,  and  discon- 
tent destroys  the  mental  poise  of  democracy.  Popular  government 
may  not  work  for  economy,  but  that  is  not  sufficient  reason  for  its 
destruction. 

If  the  Convention  believe  that  oligarchy  is  better  than  democ- 
racy, let  us  be  frank  and  tell  the  truth,  and  not  deceive  the 
people  with  a  sugar-coated  catch  phrase.  This  plan  would  enthrone 
one  man  for  four  years.  It  would  give  him  direct  control  of  an 
army  of  more  than  25,000  officers  and  employees.  During  his  term 
he  would  direct  State  expenditures  of  more  than  $250,000,000. 

30 


466  JOURNAL  OF  THE 

It  would  give  such  power  as  would  have  gladdened  the  heart  of 
Alexander,  the  tyrant  of  Pherse,  or  satiated  the  cupidity  of  that 
modern  dictator,  Castro  of  Venezuela. 

The  average  voter  does  not  understand  the  meaning  of  the 
"  Short  Ballot."  It  is  a  cunning  phrase.  As  applied  to  the  needs 
of  the  people,  it  is  not  suggestive  of  its  true  significance.  It  does 
not  satiate ;  it  starves.  It  should  not  be  called  the  "  Short  Ballot," 
but  the  "  Short  Ration."  It  does  not  give ;  it  takes  away.  It  as- 
sumes incompetency,  and  proceeds  on  the  theory  that  the  people 
desire  to  surrender  their  voting  rights. 

Pure  democracy,  with  its  direct  ballot,  is  impossible  with  10,- 
000,000  of  people.  Its  opposite,  an  aristocracy  or  monarchy,  is 
contrary  to  all  our  traditions.  Our  fathers  gave  us  a  middle 
course,  representative  government.  To  this  let  us  cling.  The 
Constitution  is  the  embodiment  of  the  experience  of  the  past.  It 
needs  repose,  not  change. 

Arthur  J.  Baldwin. 

The  hour  of  five  o'clock  and  thirty  minutes  p.  m.  having  ar- 
rived, Mr.  President  declared  the  onvention  in  recess  until  eight 
o'clock  and  thirty  minutes  p.  m. 


EIGHT  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened. 

On  motion  of  Mr.  J.  L.  O'Brian,  the  time  for  the  consideration 
of  General  Order  No.  48,  the  special  order  now  under  considera- 
tion in  the  Committee  of  the  Whole,  was  extended  until  nine 
o'clock  and  thirty  minutes  p.  m. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  Special  Order,  being  the 
"  Proposed  amendment  to  amend  Section  4  of  Article  II  of  the 
Constitution,  in  respect  to  the  enactment  of  election  and  regis- 
tration laws."     (No.  780,  Int.  No.  711.) 

After  some  time  spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Marshall,  from  said  committee,  reported  in  favor 
of  the  passage  of  said  Proposed  Amendment  with  amendments, 
which  report  was  agreed  to  and  said  proposition  ordered  reprinted 
as  amended  and  to  a  third  reading. 


CONSTITUTIONAL  CONVENTION  467 

Mr.  J.  G.  Saxe  moved  that  the  Convention  disagree  with  the 
report  of  the  Committee  of  the  Whole,  and  that  said  Proposed 
Amendment  be  recommitted  to  the  Committee  of  the  Whole,  with 
instructions  to  report  forthwith,  amended  by  inserting  therein, 
the  matter  stricken  out  in  the  Committee  of  the  Whole,  and  that 
said  motion  lie  upon  the  table. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  to  lay  upon  the  table,  and  it  was  determined 
in  the  negative. 

Mr.  President  then  put  the  question  whether  the  Convention 
would  agree  to  said  motion  to  disagree  and  recommit,  and  it  was 
determined  in  the  negative. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole, 
and  proceeded  to  the  consideration  of  Special  Orders,  being  the 
"  Proposed  amendment  to  amend  the  Constitution,  by  inserting  a 
new  article,  in  relation  to  taxation."     (No.  756,  Int.  No.  679.) 

After  some  time  spent  therein,  the  President  resumed  the  chair, 
and  Mr.  Marshall,  from  said  committee,  reported  progress  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  J.  L.  O'Brian,  the  Convention  adjourned. 


THURSDAY,  AUGUST  12,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Tuesday,  August 
10th,  was  approved. 

Mr.  Blauvelt  presented  the  memorial  of  residents  of  the  coun- 
ties of  Richmond,  Rockland,  Orange,  Sullivan,  Ulster  and  Greene, 
which  were  referred  to  the  Committee  on  Civil  Service. 

Mr.  J.  L.  O'Brian  presented  the  following  report  from  the 
Committee  on  Rules: 

The  Committee  on  Rules  recommends  the  adoption  of  the  fol- 
lowing special  rule: 

Resolved,   That  when  the  Committee  of  the  Whole  resumes 


468  JOURNAL  OF  THE 

consideration  of  the  pending  proposition,  General  Orders  No.  28 
(Taxation)  debate  be  limited  as  follows:  namely,  after  eleven 
o'clock  a.  m.  all  speakers  limited  to  not  more  than  ten  minutes 
each,  final  vote  to  be  taken  upon  the  proposition  not  later  than 
one  o'clock  p.  m. 

And,  further  That  General  Orders  No.  50  (Home  Kule  for 
Cities)  be  made  a  special  order  for  Friday  morning,  August  13th, 
at  ten  o'clock. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  Mereness,  from  the  Committee  on  County,  Town  and  Vil- 
lage Officers,  to  which  was  recommitted  proposed  amendment  in- 
troduced by  Mr.  Kirby  (No.  57,  Int.  No.  57),  entitled  "  Proposed 
constitutional  amendment  to  amend  Section  one,  Article  X  of  the 
Constitution,"  and  proposed  amendment  introduced  by  Mr.  K. 
B.  Smith  (No.  447,  Int.  No.  435),  entitled  "Proposed  constitu- 
tional amendment  to  amend  Section  one,  Article  X  of  the  Con- 
stitution, in  relation  to  the  removal  of  county  officers,"  after 
having  given  consideration  to  both  of  said  proposals,  reported  by 
proposed  amendment  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Article  X,  Section  one,  in  relation  to  the  removal 
of  county  officers"  (Int.  No.  717),  which  was  read  twice  and 
said  committee  reported  in  favor  of  the  passage  of  the  same, 
which  report  was  agreed  to,  and  said  proposed  amendment 
ordered  printed  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Blauvelt  presented  the  following  minority  report  from  the 
Committee  on  Governor  and  Other  State  Officers: 

It  is  not  the  purpose  of  the  undersigned  in  submitting  the  fol- 
lowing minority  report  to  disagree  with  the  majority  members  of 
the  Committee  on  Governor  and  State  Officers  on  the  fundamental 
proposition  that  the  executive  branch  of  our  State  government 
needs  reforming.  It  must  be  conceded  by  all  students  of  our  ad- 
ministrative system  that  in  the  course  of  its  evolution  the  system 
has  become  complex  and  unwieldy.  This  has  been  due,  in  a  large 
measure,  to  the  manifold  activities  which  the  State  has  embarked 
in  from  time  to  time  since  its  creation,  and  to  the  fact  that  our 
earlier  conventions  have  failed  to  provide  such  a  scheme  of  ex- 
ecutive management  as  may  readily  be  adjusted  by  the  legislature 


CONSTITUTIONAL  CONVENTION  469 

to  meet  the  constantly  increasing  needs  of  government  along  ad- 
ministrative lines. 

The  majority  members  of  the  Committee,  in  submitting  their 
proposed  amendments  to  Article  V,  take  the  position  that  adequate 
reforms  can  be  accomplished  and  efficient  and  economical  govern- 
ment maintained  through  the  adoption  of  the  following  propo- 
sitions : 

(1)  By  a  mandatory  reclassification  of  all  administrative  func- 
tions of  government  into  a  few  defined  groups  and  the  assignment 
of  those  functions,  partly  by  constitutional  provision  and  partly 
by  legislative  enactment,  to  the  several  civil  executive  departments 
named  in  the  proposed  article  submitted  by  them. 

(2)  By  the  adoption  of  the  so-called  "  Short  Ballot"  proposal, 
in  a  modified  form,  whereby  the  governor  shall  have  the  power  of 
appointment  of  all  administrative  heads  of  State  departments, 
except  the  Comptroller,  the  Attorney-general  and  the  heads  of  the 
Departments  of  Conservation  and  of  Education. 

(  3 )  By  giving  a  discretionary  power  of  removal  to  the  Governor 
of  the  chief  executive  officers  appointed  by  him  whose  duties  are 
solely  administrative. 

(4)  By  prohibiting  the  legislature  from  creating  new  depart- 
ments not  named  in  the  article  and  commanding  it  to  assign 
such  new  functions  as  may  be  created,  from  time  to  time,  to  some 
one  of  the  departments  therein  named. 

I  am  not  opposed  to  the  idea  that  there  should  be  a  reclassifica- 
tion and  redistribution  of  the  administrative  agencies  of  govern- 
ment, but  I  do  disagree  with  the  proposition  that  the  Constitution 
should  arbitrarily  assign  particular  powers  and  duties  to  a  depart- 
ment. Such  an  assignment  must,  in  my  opinion  at  least,  neces- 
sarily imply  a  limitation  on  the  power  of  the  legislature  to  create 
a  flexible  administrative  scheme  to  meet  the  practical  necessities 
of  government.  This  objection  is  not  removed  by  the  provisions 
of  Section  19  of  the  proposed  article  which,  among  other  things, 
provides  that  "  the  legislature  may  from  time  to  time  assign  by 
law  new  powers  and  functions  to  officers,  boards  or  commissions 
continued  or  created  under  this  Constitution,  and  increase,  modify 
or  diminish  the  powers  of  such  departments,"  for  the  reason  that 
the  power  of  the  legislature  in  that  respect  is  made  subject  to  the 
limitations  specifically  defining  the  powers  and  duties  of  particular 
departments.  I  believe  that  the  matter  of  reclassification  and 
redistribution  of  powers  should  be  left  wholly  with  the  legislature. 

I  hold  that  the  term  "  Short  Ballot "  is  a  misnomer  and  that 
administrative  reform  can  never  be  accomplished  through  the 
mere  shortening  of  the  election  ballot.  I  favor  the  most  rigid 
reforms  in  our  administrative  system  but  I  disagree  with  the 


470  JOURNAL  OF  THE 

majority  of  the  Committee  that  such  reforms  can  be  accomplished 
through  the  centralization  of  complete  executive  power  in  the 
Governor  by  giving  to  him  the  power  of  appointment  and  removal 
of  all  administrative  State  Officers.  I  would  not  take  away  from 
the  people  the  right  to  select  those  State  officers,  such  as  the  Sec- 
retary of  State,  Attorney-general,  State  Treasurer  and  Comptrol- 
ler, whose  powers  and  duties  are  and  should  be  independent  of  the 
control  of  the  Governor.  Their  independent  action  is  frequently 
necessary  to  restrain  the  too  often  unwise  exercise  of  power  by 
the  executive. 

I  favor  the  proposition  that  the  Governor  should  be  given  the 
power  of  removal  of  appointive  administrative  officers,  but  I  dis- 
agree with  the  proposition  that  he  should  be  given  the  arbitrary 
power  of  removing  those  officers,  such  as  public  service  commis- 
sioners, civil  service  commissioners  and  the  like,  whose  powers 
are  or  may  be  partly  administrative,  partly  legislative  and  partly 
judicial. 

Lastly,  I  see  no  reason  why  the  Legislature  may  not  well  be 
prohibited  from  creating  new  executive  departments  of  govern- 
ment, provided  sufficient  flexibility  of  action  is  accorded  to  it  in 
making  assignments  of  new  and  additional  governmental  activities. 

I  respectfully  submit  to  the  consideration  of  the  Convention 
the  following  proposed  amendment  which,  I  believe,  is  better 
adapted  to  accomplish  executive  reform  than  any  thus  far  pro- 
posed. 

"ARTICLE  V. 

"  Section  1.  There  shall  be  the  following  civil  executive  de- 
partments under  the  state  government:  Of  state,  of  audit  and 
control,  of  law,  of  finance,  of  public  works,  of  health,  of  agri- 
culture, of  charities  and  corrections,  of  banking,  of  insurance, 
of  education,  of  labor,  of  highways  and  of  internal  affairs,  re- 
spectively. The  head  of  the  department  of  state  shall  be  the 
secretary  of  state;  of  audit  and  control,  the  comptroller;  of  law, 
the  attorney-general;  of  taxation  and  finance,  the  treasurer;  and 
of  each  of  the  other  departments,  a  commissioner  to  be  appointed 
as  provided  in  this  article,  except  that  the  department  of  educa- 
tion shall  be  administered  by  or  under  the  direction  of  the  cor- 
poration known  as  the  University  of  the  State  of  New  York, 
which  may  have  a  chief  executive  officer  as  now  or  hereafter  pro- 
vided by  law." 

Section  [1.]  "  2."  The  secretary  of  state,  comptroller,  treas- 
urer [,]  "  and "  attorney-general  [and  state  engineer  and  sur- 
veyor]  shall  "  continue  to  "  be  chosen  at  a  general  election,  at 


CONSTITUTIONAL  CONVENTION  471 

the  times  and  places  of  electing  the  governor  and  lieutenant- 
governor,  and  shall  hold  their  offices,  respectively,"  for  [two 
years,  except  as  provided  in  section  two  of  this  article.  Each 
of  the  officers  in  this  article  named,  excepting  the  speaker  of  the 
assembly,  shall  at  stated  times  during  his  continuance  in  office, 
receive  for  his  services  a  compensation  which  shall  not  be  in- 
creased or  diminished  during  the  term  for  which  he  shall  have 
been  elected ;  nor  shall  he  receive  to  his  use  any  fees  or  perquisites 
of  office  or  other  compensation.  No  person  shall  be  elected  to 
the  office  of  state  engineer  and  surveyor  who  is  not  a  practical 
civil  engineer.]  "  the  same  term  as  the  governor.  The  state  en- 
gineer and  surveyor  shall  continue  in  office  for  the  term  for  which 
he  was  elected  unless  sooner  removed,  and  at  the  expiration  of  such 
term  the  said  office  is  abolished." 

[§  2.  The  first  election  of  the  secretary  of  state,  comptroller, 
treasurer,  attorney-general  and  state  engineer  and  surveyor,  pur- 
suant to  this  article  shall  be  held  in  the  year  one  thousand 
eight  hundred  and  ninety-five,  and  their  terms  of  office  shall  begin 
on  the  first  day  of  January  following,  and  shall  be  for  three  years. 
At  the  general  election  in  the  year  one  thousand  eight  hundred 
and  ninety-eight,  and  every  two  years  thereafter,  their  successors 
shall  be  chosen  for  the  term  of  two  years.] 

11  Section  3.  Every  commissioner  at  the  head  of  a  civil 
executive  department  hereinbefore  provided  for  and  the  secretary 
of  charities  and  corrections  shall  be  appointed  by  the  governor, 
by  and  with  the  advice  and  consent  of  the  senate,  and  be  removable 
at  his  pleasure.  This  section  shall  not  apply  to  the  head  of  the 
department  of  education. 

"  Section  4.  The  existing  public  service  commissions  are  con- 
tinued and  the  commissioners  now  in  office  shall  hold  their  offices 
until  the  expiration  of  their  terms.  The  terms  of  their  successors 
shall  be  five  years.  Each  commission  shall  have  the  jurisdiction, 
powers  and  duties  it  now  has,  but  nothing  herein  contained  shall 
prevent  the  legislature  from  enacting  laws  not  inconsistent  with 
this  section  and  article  changing  such  jurisdiction,  powers  and 
duties;  except  that  the  legislature  shall  not  enact  any  law  pre- 
scribing  a  rate  or  charge  or  a  standard  of  service,  equipment  or 
operation  for  any  public  utility  until  after  it  has  received  from 
one  of  the  commissions  a  report  thereon  made  after  investigation 
and  hearing  at  which  interested  parties  may  introduce  evidence, 
or  until  after  the  expiration  of  such  time  following  a  request  for 
such  report  as  may  be  prescribed  by  law.  Decisions  and  orders 
of  the  commissions  shall  be  subject  to  review  by  the  courts  in  such 
manner  and  to  such  extent  as  the  legislature  may  provide. 

Section  5.  There  shall  be  a  conservation  commission,  to  consist 
of  nine  commissioners,  whose  terms  of  office  shall  expire  in  nine 


472  JOURNAL  OF  THE 

successive  years,  the  first  ending  on  January  first,  one  thousand 
nine  hundred  and  seventeen;  and  the  terms  of  their  successors 
shall  be  nine  years." 

"  Section  6.  There  shall  be  a  state  civil  service  commission, 
to  consist  of  three  commissioners.  Their  terms  of  office  shall  be 
six  years,  but  the  terms  of  the  first  commissioners  shall  be  so 
classified  that  the  term  of  a  commissioner  shall  expire  every  two 
years  after  the  first  day  of  January,  one  thousand  nine  hundred 
and  seventeen.  Such  commission  shall  see  that  the  provisions  of 
this  article  relating  to  appointments  and  promotions  in  the  civil 
service  of  the  state  and  of  the  civil  divisions  thereof  and  all  laws 
enacted  thereunder  are  faithfully  observed  and  enforced. 

Section  7.  There  shall  be  a  state  workmen's  compensation  com- 
mission, to  consist  of  five  commissioners.  Their  terms  of  office 
shall  be  ten  years,  but  the  terms  of  the  first  commissioners  shall 
be  so  classified  that  the  term  of  a  commissioner  shall  expire  every 
two  years  after  the  first  day  of  January,  one  thousand  nine  hun- 
dred and  seventeen.  Such  commission  shall  see  that  the  provisions 
of  article  one  of  this  constitution  relating  to  compensation  for 
injuries  to  employees  and  for  death  of  employees  resulting  there- 
from and  all  laws  enacted  thereunder  are  faithfully  observed  and 
enforced." 

[Section  3.  Ai  superintendent  of  public  works  shall  be  ap- 
pointed by  the  governor,  by  and  with  the  advice  and  consent  of 
the  senate,  and  hold  his  office  until  the  end  of  the  term  of  the 
governor  by  whom  he  was  nominated,  and  until  his  successor  is 
appointed  and  qualified.  He  shall  receive  a  compensation  to  be 
fixed  by  law.  He  shall  be  required  by  law  to  give  security  for 
the  faithful  execution  of  his  office  before  entering  upon  the.  duties 
thereof.  He  shall  be  charged  with  the  execution  of  all  laws  re- 
lating to  the  repair  and  navigation  of  the  canals,  and  also  of 
those  relating  to  the  construction  and  improvement  of  the  canals, 
except  so  far  as  the  execution  of  the  laws  relating  to  such  con- 
struction or  improvement  shall  be  confided  to  the  state  engineer 
and  surveyor;  subject  to  the  control  of  the  legislature,  he  shall 
make  the  rules  and  regulations  for  the  navigation  or  use  of  the 
canals.  He  may  be  suspended  or  removed  from  office  by  the 
governor,  whenever,  in  his  judgment,  the  public  interest  shall  so 
require;  but  in  case  of  the  removal  of  such  superintendent  of 
public  works  from  office,  the  governor  shall  file  with  the  secretary 
of  state  a  statement  of  the  cause  of  such  removal,  and  shall  report 
such  removal  and  the  cause  thereof  to  the  legislature  at  its  next 
session.  The  superintendent  of  public  works  shall  appoint  not 
more  than  three  assistant  superintendents,  whose  duties  shall  be 
prescribed  by  him,  subject  to  modification  by  the  legislature, 
and  who  shall  receive  for  their  services  a  compensation  to  be  fixed 


CONSTITUTIONAL  CONVENTION  473 

by  law.  They  shall  hold  their  office  for  three  years,  subject  to 
suspension  or  removal  by  the  superintendent  of  public  works, 
whenever,  in  his  judgment,  the  public  interest  shall  so  require. 
Any  vacancy  in  the  office  of  any  such  assistant  superintendent 
shall  be  filled  for  the  remainder  of  the  term  for  which  he  was 
appointed,  by  the  superintendent  of  public  works;  but  in  case 
of  the  suspension  or  removal  of  any  such  assistant  superintendent' 
by  him,  he  shall  at  once  report  to  the  governor,  in  writing,  the 
cause  of  such  removal.  All  other  persons  employed  in  the  care  and 
management  of  the  canals,  except  collectors  of  tolls,  and  those 
in  the  department  of  the  state  engineer  and  surveyor,  shall  be 
appointed  by  the  superintendent  of  public  works,  and  be  subject 
to  suspension  or  removal  by  him.  The  superintendent  of  public 
works  shall  perform  all  the  duties  of  the  former  canal  commis- 
sioners, and  board  of  canal  commissioners,  as  now  declared  by 
law,  until  otherwise  provided  by  the  legislature.  The  governor, 
by  and  with  the  advice  and  consent  of  the  senate,  shall  have 
power  to  fill  vacancies  in  the  office  of  superintendent  of  public 
works ;  if  the  senate  be  not  in  session,  he  may  grant  commissions 
which  shall  expire  at  the  end  of  the  next  succeeding  session  of  the 
senate.] 

[Section  4.  [A]  "  The  present "  superintendent  of  state  pris- 
ons shall  be  appointed  by  the  governor,  by  and  with  the  advice  and 
consent  of  the  senate,  and  hold  his  office  for  five  years,  unless 
sooner  removed;  he  shall  give  security  in  such  amount,  and  with 
such  sureties  as  shall  be  required  by  law  for  the  faithful  discharge 
of  his  duties ;  he  shall  have  the  superintendence,  management  and 
control  of  state  prisons,  subject  to  such  laws  as  now  exist  or  may 
hereafter  be  enacted;  he  shall  appoint  the  agents,  wardens,  phy- 
sicians and  chaplains  of  the  prisons.  The  agent  and  warden  of 
each  prison  shall  appoint  all  other  officers  of  such  prison,  except 
the  clerk,  subject  to  the  approval  of  the  same  by  the  superin- 
tendent. The  comptroller  shall  appoint  the  clerks  of  the  prisons. 
The  superintendent  shall  have  all  the  powers  and  perform  all 
the  duties  not  inconsistent  herewith,  which  were  formerly  had 
and  performed  by  the  inspectors  of  state  prisons.  The  governor 
may  remove  the  superintendent  for  cause  at  any  time,  giving  to 
him  a  copy  of  the  charges  against  him,  and  an  opportunity  to  be 
heard  in  his  defense.] 

"  Section  8.  The  department  of  charities  and  corrections  shall 
be  administered  by  the  secretary  of  charities  and  corrections. 
The  state  board  of  charities,  the  state  commission  in  lunacy,  to  be 
hereafter  known  as  the  state  hospital  commission,  and  the  state 
commission  of  prisons  are  continued  with  all  the  powers  vested 
in  them  by  this  constitution  on  the  first  day  of  September,  one 


474  JOUKNAL  OF  THE 

thousand  nine  hundred  and  fifteen,  and  with  such  powers  as  have 
heretofore  been  vested  in  them  by  the  legislature,  subject  to  the 
powers  of  the  legislature  to  increase,  modify  or  diminish  the  same 
by  provisions  not  inconsistent  with  this  section.  The  office  of 
superintendent  of  state  prisons  and  the  powers  and  duties  attach- 
ing thereto,  as  prescribed  by  law  or  by  the  provisions  of  this  con- 
stitution as  existing  on  the  thirty-first  day  of  December,  one  thou- 
sand nine  hundred  and  fifteen,  shall  continue,  subject  to  the  power 
of  the  legislature  to  modify  or  enlarge  such  powers  and  duties  not 
inconsistent  with  said  provisions  of  the  constitution,  until  the  first 
day  of  January,  one  thousand  nine  hundred  and  seventeen,  and 
the  present  incumbent,  unless  sooner  removed  and  a  successor  ap- 
pointed under  said  provisions  of  the  constitution,  shall  continue 
until  that  day,  when  such  office  shall  be  abolished.  Thereafter 
such  powers  and  duties  shall  continue  and  devolve  upon  the  said 
secretary,  subject  to  such  power  of  the  legislature  to  modify  and 
enlarge  the  same  not  inconsistent  with  said  provisions  of  the  con- 
stitution or  of  this  section.  Such  secretary  shall  have  power  of  in- 
spection and  supervision  of  all  state  charitable  institutions,  state 
hospitals  for  the  insane,  state  prisons  and  other  state  correctional 
institutions.  He  shall  take  care  that  all  the  laws  relating  to  such 
institutions  are  faithfully  observed  and  shall  perform  such  other 
duties  in  relation  to  the  charities  and  corrections  of  the  state  and 
of  any  civil  division  thereof  as  may  be  imposed  upon  him  by  law. 
Existing  boards  of  managers  of  institutions  referred  to  in  this 
section  are  continued  until  the  legislature  shall  otherwise  direct." 

Section  [5]  9.  The  lieutenant-governor,  speaker  of  the  assem- 
bly, secretary  of  state,  comptroller,  treasurer  [,]  "and"  attorney- 
general  ","  and  u  the  "  state  engineer  and  surveyor  "  while  such 
office  continues,"  shall  ",  unless  the  legislature  otherwise  provides,'7 
be  the  commissioners  of  the  land  office.  The  lieutenant-governor, 
secretary  of  state,  comptroller,  treasurer  and  attorney-general 
shall,  "  except  as  otherwise  provided  in  this  article,"  be  the  com- 
missioners of  the  canal  fund.  The  canal  board  shall  consist  of  the 
commissioners  of  the  canal  fund  [,]  "and  of"  the  state  engineer 
and  surveyor  [,]  and  [the]  superintendent  of  public  works  "  while 
such  offices  continue." 

[Section  6.  The  powers  and  duties  of  the  respective  boards,  and 
of  the  several  officers  in  this  article  mentioned,  shall  be  such  as 
now  are  or  hereafter  may  be  prescribed  by  law.] 

Section  [7.]  "  10."  The  treasurer  may  be  suspended  from  of- 
fice by  the  governor,  during  the  recess  of  the  legislature,  and 
until  thirty  days  after  the  commencement  of  the  next  session  of 
the  legislature,  whenever  it  shall  appear  to  him  that  such  treasurer 


CONSTITUTIONAL  CONVENTION  475 

has,  in  any  particular,  violated  his  duty.  The  governor  shall  ap- 
point a  competent  person  to  discharge  the  duties  of  the  office  dur- 
ing such  suspension  of  the  treasurer. 

[Section  8.  All  offices  for  the  weighing,  gauging,  measuring, 
culling  or  inspecting  any  merchandise,  produce,  manufacture  or 
commodity  whatever,  are  hereby  abolished;  and  no  such  office 
shall  hereafter  be  created  by  law;  but  nothing  in  this  section 
contained  shall  abrogate  any  office  created  for  the  purpose  of  pro- 
tecting the  public  health  or  the  interests  of  the  state  in  its  prop- 
erty, revenue,  tolls  or  purchases,  or  of  supplying  the  people  with 
correct  standards  of  weights  and  measures,  or  shall  prevent  the 
creation  of  any  office  for  such  purposes  hereafter.] 

Section  [9.]  "  11."  Appointments  and  promotions  in  the  civil 
service  of  the  state,  and  of  all  the  civil  divisions  thereof,  including 
cities  and  villages,  shall  be  made  according  to  merit  and  fitness 
to  be  ascertained,  so  far  as  practicable,  by  examinations,  which, 
so  far  as  practicable,  shall  be  competitive ;  provided,  however,  that 
honorably  discharged  soldiers  and  sailors  from  the  army  and 
navy  of  the  United  States  in  the  late  civil  war,  who  are  citizens 
and  residents  of  this  state,  shall  be  entitled  to  preference  in  ap- 
pointment and  promotion,  without  regard  to  their  standing  on 
any  list  from  which  such  appointment  or  promotion  may  be  made. 
Laws  shall  be  made  to  provide  for  the  enforcement  of  this  section. 

"  Section  12.  The  canal  board  and  the  offices  of  commissioners 
of  the  canal  fund,  as  such,  shall  be  abolished  from  and  after  the 
first  day  of  January,  one  thousand  nine  hundred  and  sixteen  and 
'  the  powers  and  duties  attaching  to  such  office  at  that  time,  by  this 
constitution  or  by  law,  shall  devolve  upon  the  department  of  public 
works,  subject  to  the  power  of  the  legislature  to  enlarge  or  modify 
the  same  not  inconsistent  with  the  provisions  of  this  constitu- 
tion relating  to  such  offices  and  board.  The  office  of  superin- 
tendent of  public  works  and  the  powers  and  duties  attaching 
thereto,  as  prescribed  by  law  or  by  the  provisions  of  this  consti- 
tution as  existing  on  the  thirty-first  day  of  December,  one  thou- 
sand nine  hundred  and  fifteen,  shall  continue,  subject  to  the  power 
of  the  legislature  to  modify  or  enlarge  such  powers  and  duties 
not  inconsistent  with  said  provisions  of  this  constitution,  until 
the  first  day  of  January,  one  thousand  nine  hundred  and  seven- 
teen, and  the  present  incumbent  of  such  office,  unless  sooner  re- 
moved and  a  successor  appointed  under  said  provisions  of  this 
constitution,  shall  continue  until  that  day,  when  such  office  shall 
be  abolished.  Thereafter  such  powers  and  duties  shall  continue 
and  devolve  upon  said  department,  subject  to  such  power  of  the 
legislature  to  modify  and  enlarge  the  same  not  inconsistent  with 
said  provisions  of  this  constitution.     The  powers  and  duties  now 


476  JOURNAL  OF  THE 

exercised  by  any  board,  division,  authorities  or  subordinates  of 
the  existing  department  of  labor  in  relation  to  workmen's  compen- 
sation shall  on  such  date  devolve  upon  the  workmen's  compensa- 
tion commission  created  by  this  article. 

"  Section  13.  The  legislature  shall  distribute  among  the  several 
executive  departments  and  the  respective  commissions  provided 
for  in  this  article  all  the  administrative  powers  and  duties  now 
exercised  by  the  state  through  any  boards,  officers,  bodies  or  com- 
missions thereof,  not  inconsistent  with  the  provisions  of  this 
article  which  include  particular  powers  and  duties  in  the  functions 
of  a  department  or  commission.  Such  distribution  shall  be  made 
in  such  manner  that  no  two  or  more  departments  or  commissions 
shall  have  powers  and  duties  relating  to  the  same  matter;  but  the 
legislature  shall  provide  for  the  exchange  of  data,  reports  and 
information  between  departments  and  commissions  where  neces- 
sary to  facilitate  the  work  of  any  department  or  commission. 
Where  state  functions  are  or  shall  be  exercised  by  local  authorities 
with  reference  to  a  given  subject,  such  authorities  shall  report 
and  account  to  the  department  or  commission  having  charge  of  the 
same  subject.  Except  as  otherwise  expressly  provided  in  this 
article,  the  legislature  may  continue  existing  offices,  departments, 
boards  and  commissions  or  create  new  ones,  but  they  shall  be 
placed  within  and  subordinated  to  the  executive  departments  or 
the  commissions  created  by  this  article.  Except  as  otherwise  pro- 
vided in  this  article,  existing  state  departments,  boards,  offices 
and  commissions  are  continued  with  their  existing  powers  and 
duties,  subject  to  the  power  of  the  legislature  to  enlarge  or  modify 
the  same,  until  the  legislature  shall  distribute  their  powers  and 
duties  as  above  provided ;  but  it  shall  be  the  duty  of  the  legislature 
to  make  such  distribution  at  the  first  session  following  the  adop- 
tion of  this  constitution  or  as  soon  as  practicable  thereafter. 
Existing  appointive  officers  under  the  state  government  shall  hold 
office  until  the  expiration  of  their  respective  terms,  unless  sooner 
removed  according  to  law,  but  nothing  herein  contained  shall 
prevent  reorganizing  their  several  offices  by  placing  the  same 
under  any  of  the  departments  or  commissions  provided  for  in 
this  article. 

"  Section  14.  The  commissioners  of  the  public  service  commis- 
sions, civil  service  commission,  workmen's  compensation  commis- 
sion and  conservation  commission  shall  be  appointed  by  the  gov- 
ernor by  and  with  the  advice  and  consent  of  the  senate.  Such 
commissioners,  except  the  commissioners  of  conservation,  shall 
receive  a  compensation  to  be  fixed  by  law  which  shall  not  be 
increased  or  diminished  during  their  respective  terms.  Heads  of 
departments  appointed  by  the  governor  shall  receive  a  compen- 


CONSTITUTIONAL  CONVENTION  477 

sation  to  be  fixed  by  law  which  shall  not  be  increased  or  diminished 
during  the  term  of  the  governor  making  the  appointments.  Any 
commissioner  or  head  of  a  department  shall,  unless  sooner  re- 
moved, hold  office  until  the  appointment  and  qualification  of  his 
successor. 

"  Section  15.  All  officers  and  commissioners  named  in  this 
article  may  be  removed  from  office  by  impeachment  in  the  same 
manner  as  the  governor.  The  attorney-general,  comptroller, 
treasurer  and  secretary  of  state,  and  commissioners  provided 
for  in  this  article  whose  appointment  is  made  by  the  governor 
by  and  with  the  advice  and  consent  of  the  senate  for  fixed  terms, 
may  also  be  removed  by  the  senate  by  a  vote  of  two-thirds  of  all 
the  members  elected  thereto,  upon  the  recommendation  of  the 
governor,  stating  the  grounds  therefor. 

Section  "  16."  Vacancies  occurring  in  the  offices  of  attorney- 
general,  comptroller  or  secretary  of  state  shall  be  filled  for  the  re- 
mainder of  the  term  at  the  next  ensuing  general  election  happening 
not  less  than  three  months  after  such  vacancy  occurs.  Until  the 
vacancy  be  so  filled  by  election,  the  governor,  or  if  the  senate  be 
in  session,  the  Governor  by  and  with  the  advice  and  consent  of 
the  senate,  may  fill  such  vacancy  by  appointment  which  shall 
continue  until  the  first  day  of  the  political  year  next  succeeding 
the  election  at  which  such  office  may  be  filled.  A  vacancy  occur- 
ring in  a  board  or  commission  appointed  by  the  governor  by  and 
with  the  advice  and  consent  of  the  senate  for  a  fixed  term  shall 
be  filled  for  the  unexpired  term  in  the  same  manner  as  an  original 
appointment,  except  that  a  vacancy  occurring  or  existing  while  the 
senate  is  not  in  session  shall  be  filled  by  the  governor  by  appoint- 
ment for  a  term  expiring  at  the  end  of  twenty  days  from  the  com- 
mencement of  the  next  meeting  of  the  senate." 

George  A.  Blauvelt. 


Mr.  Bockes  presented  the  following  minority  report  from  the 
Committee  on  Governor  and  Other  State  Officers. 

Although  favoring  much  of  the  majority  proposal,  I  am  unable 
to  agree  with  that  part  of  it  which  would  prevent  the  Legislature 
from  imposing  additional  duties  upon  the  Comptroller  and  with 
that  part  which  would  prevent  the  Legislature  from  establishing 
any  other  separate  subdivisions  of  government  than  those  specified 
in  the  committee's  bill.  I  fear  that  such  restrictions  would  con- 
stitute too  much  of  a  straight- jacket  around  governmental 
activity  to  allow  for  wholesome,  natural  growth. 


478  JOURNAL  OF  THE 

I  am  also  unable  to  agree  with  that  part  of  the  majority  proposal 
which  would  increase  the  relative  power  of  the  executive  by 
appointment  instead  of  popular  election  of  all  other  important 
State  officers  except  Attorney-General,  as  a  cure  for  the  present  evil 
extravagance.  I  believe  the  cause  of  extravagance  was  the  con- 
tinually increasing  power  of  appointment  given  to  the  Governor 
until  proper  check  and  balance  between  Governor  and  Legislature 
were  gone  and  the  Governor  and  his  appointees  became  over- 
powerful  to  push  his  "  my  policies  "  through  the  Legislature,  he 
taking  the  credit  for  the  new  idea  and  the  Legislature  taking  the 
blame  for  the  new  expense.  If  this  is  the  cause  the  remedy  is 
sure.  It  is  to  restore  genuine  co-ordination  by  the  simple  ex- 
pedient of  electing  more  administrative  officers.  This  will  no^ 
only  restore  the  lost  balance  but  also  increase  popular  watchful- 
ness and  interest.  Agriculture,  Highways,  State  Engineering, 
Public  Works,  Elections  and  similar  matters  which  constantly 
stand  out  in  plain  sight  of  every  voter  of  the  State  should  have 
elective  rather  than  appointive  heads  if  the  people  are  still  to  be 
self-governing  and  watchful  and  willing  to  come  out  at  elections 
and  competent  to  approve  or  disapprove  the  record  of  the  party 
in  power.  I  fear  that  to  make  the  Governor  all  powerful  would 
make  of  elections  a  worthless  wrangle  over  personalities  insteacf 
of  great  educational  campaigns. 

I  fear  still  more  the  result  of  making  the  chief  fiscal  officer 
appointive. 

Respectfully  submitted, 

George  L.  Bockes. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order  being 
Proposed  Constitutional  Amendment  to  amend  the  Constitution 
by  inserting  a  new  article,  in  relation  to  taxation  (No.  756,  Int. 
No.  679). 

After  some  time  spent  therein  the  hour  of  one  o'clock  p.  m. 
having  arrived  the  convention  took  a  recess  until  two  o'clock  and 
thirtv  minutes  p.  m. 


TWO   O'CLOCK  AND   THIRTY   MINUTES   P.   M. 

The  Convention  again  convened  and  resolved  itself  into  a  Com- 
mittee of  the  Whole  and  proceeded  to  the  consideration  of  the 
special  order  being  Proposed  Constitutional  Amendment  to  amend 
Article  three  of  the  Constitution,  relating  to  the  power  of  the 
Legislature.     (No.  786,  Int.  No.  701.) 


CONSTITUTIONAL  CONVENTION  479 

After  some  time  spent  therein,  the  President  resumed  the 
chair  and  Mr.  Phillips  from  said  committee  reported  that  the 
Committee  of  the  Whole  having  had  under  consideration  the 
special  order  being  proposed  amendment  to  amend  the  Constitu- 
tion, by  inserting  a  new  article,  in  relation  to  taxation  reported 
in  favor  of  the  passage  of  said  proposed  amendment  with  amend- 
ments which  report  was  agreed  to  and  said  proposition  ordered 
reprinted  as  amended  and  to  a  third  reading. 

Also,  that  the  committee  of  the  whole  having  had  under  con- 
sideration the  special  order  being  Proposed  Constitutional  Amend- 
ment to  amend  Article  three  of  the  Constitution,  relating  to  the 
powers  of  the  Legislature,  reported  progress  and  asked  leave  to 
sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

The  hour  of  five  o'clock  and  thirty  minutes  having  arrived, 
the  President  declared  the  Convention  in  recess  until  eight  o'clock 
and  thirty  minutes  p.  m. 


EIGHT   O'CLOCK  AND   THIRTY   MINUTES   P.   M. 

The  Convention  again  convened. 

Mr.  J.  L.  O'Brian  from  the  Committee  on  Rules  presented 
the  following  report: 

The  Committee  on  Rules  respectfully  recommends  the  adop- 
tion of  the  following : 

Resolved,  That  general  order  No.  25,  be  continued  as  a  special 
order  for  Monday  night,  August  16th;  that  on  that  night,  until 
the  hour  of  9  :30  all  speeches  be  limited  to  ten  minutes  each ; 
that  the  remaining  hour  be  equally  divided  between  the  opponents 
and  supporters  of  the  measure;  and  that  the  vote  be  taken  not 
later  than  ten-thirty. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

On  motion  of  Mr.  Phillips,  assistant  doorkeeper  William  B. 
Clark  was  excused  from  duty  until  Tuesday  next. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  resumed  consideration  of  the  special  order,  being  Proposed 


480  JOURNAL  OF  THE 

Constitutional  Amendment  to  amend  article  three  of  the  Con- 
stitution, relating  to  the  powers  of  the  Legislature  (No.  754, 
Int.  No.  701). 

After  some  time  spent  therein  the  President  resumed  the  chair 
and  Mr.  Phillips  from  said  committee  reported  progress  and 
asked  leave  to  sit  again. 

■  Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

The  hour  of  ten  o'clock  and  thirty  minutes  p.  m.  having  arrived, 
Mr.  President  declared  the  Convention  adjourned. 


FRIDAY,  AUGUST  13,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Wednesday, 
August  11th,  was  approved. 

On  motion  of  Mr.  Schurman,  the  report  of  the  Committee  on 
Revision  and  Engrossment  on  proposed  amendment  entitled 
"  Proposed  constitutional  amendment  to  amend  Section  one  of 
Article  IX  of  the  Constitution,  in  relation  to  the  supervision  and 
control  by  the  State  of  the  education  of  children  '  (No.  749, 
Int.  No.  698),  was  taken  from  the  table  and  agreed  to,  and  said 
proposition  ordered  engrossed  for  a  third  reading. 

Mr.  Wickersham,  from  the  Committee  on  the  Judiciary,  to 
which  was  referred  a  number  of  proposed  amendments  in  relation 
to  Article  VI  of  the  Constitution,  reported  by  proposed  amend- 
ment entitled  "  Proposed  constitutional  amendment  to  amend 
Article  VI  of  the  Constitution,  generally  "  (Int.  No.  718),  which 
was  read  twice  and  said  committee  reports  in  favor  of  the  passage 
of  the  same. 

which  report  was  agreed  to,  and  said  proposed  amendment  ordered 
printed  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Wickersham,  from  the  Committee  on  the  Judiciary,  pre- 
sented the  following  majority  report : 


CONSTITUTIONAL  CONVENTION       .       481 

KEPOKT  OF  THE  COMMITTEE  ON  THE  JUDICIARY 
RELATIVE  TO  THE  PROPOSED  AMENDED  JUDICI- 
ARY ARTICLE 

August  12,  1915 

To  the  Convention: 

Your  Committee  on  the  Judiciary  has  had  referred  to  it  by  the 
Convention  153  proposed  constitutional  amendments,  almost  all 
of  which  apply  to  some  portion  of  Article  VI  of  the  present  Con- 
stitution. It  has  given  public  hearings  to  the  proposers  and  to 
all  others  who  have  expressed  a  desire  to  be  heard  respecting  these 
measures,  as  well  as  to  representatives  of  the  State  Bar  Associa- 
tion and  of  Associations  of  the  Bar  of  cities  and  counties,  with 
respect  to  these  and  many  other  matters  concerning  the  administra- 
tion of  justice.  It  has  had  the  benefit  of  the  personal  attendance 
before  it  of  the  Chief  Judge  and  of  all  the  living  ex-Chief  Judges 
of  the  Court  of  Appeals,  the  Presiding  Justices  of  two  of  the 
Appellate  Divisions  of  the  Supreme  Court,  Justices  of  the  Su- 
preme Court,  County  Judges,  Surrogates,  and  numerous  other  offi- 
cials and  citizens,  and  has  heard  a  full  expression  of  their  views 
upon  matters  within  the  competence  of  your  Committee,  besides 
which  it  has  invited  and  received  written  expressions  of  opinion 
from  many  other  judges,  lawyers  and  citizens.  The  statements, 
views  and  recommendations  thus  submitted  have  been  carefully 
considered,  and  your  Committee  has  prepared  and  herewith  reports 
an  amended  Judiciary  Article  to  take  the  place  of  the  present 
Sixth  Article  of  the  Constitution,  and  recommends  its  adoption. 
Before  describing  the  proposed  changes,  a  few  words  may  properly 
be  said  as  to  the  prime  considerations  which  have  controlled  your 
Committee  in  its  recommendations. 

Laws  Delays 

There  is  no  subject  affecting  the  welfare  of  the  people,  which 
has  occasioned  more  complaint  in  recent  years  than  that  of  delays 
in  the  administration  of  justice,  and  your  Committee  has  given 
especial  consideration  to  the  present  condition  of  the  administra- 
tion of  the  law  in  this  State,  for  the  purpose  of  ascertaining,  first, 
to  what  extent  undue  and  avoidable  delay  occurs  in  the  adminis- 
tration of  the  law;  second,  the  causes  of  such  delay,  and  third, 
by  what  provisions  these  causes  may  best  be  removed. 
31 


482  JOURNAL  OF  THE 

No  statistics  are  available  from  which  to  determine  the  extent 
of  the  undue  delay  which  occurs  after  actions  are  commenced  and 
before  they  are  brought  to  issue  and  placed  on  the  trial  calendars 
of  the  courts.  But  that  the  Code  of  Civil  Procedure  furnishes 
ample  opportunities  for  such  delay  through  the  various  inter- 
locutory and  procedural  motions  which  it  permits  or  invites,  is 
well  known  to  all  practitioners.  Delays  in  securing  trial  after  a 
case  is  on  the  trial  court  calendars  at  the  present  time  are  not  so 
great  as  they  were  a  few  years  ago,  and  these  delays,  in  the  opinion 
of  your  Committee,  are  due  in  far  larger  measure  to  litigants  and 
their  attorneys,  than  to  the  organization  and  conduct  of  the  courts. 
Nevertheless,  even  when  both  parties  are  ready  and  anxious  for 
trial,  it  requires  a  period  of  from  eight  months  to  one  year  after 
a  case  has  been  placed  upon  the  trial  term  calendar  in  the  first 
judicial  district  and  in  several  of  the  counties  in  the  second  and 
ninth  districts  before  it  can  be  reached  for  trial.  About  three 
months  or  less  is  required  at  special  term  in  the  counties  of  New 
York  and  Kings,  and  a  somewhat  longer  time  in  other  counties  in 
the  districts  mentioned.  In  the  Appellate  Divisions  of  the 
Supreme  Court,  and  in  the  Appellate  Terms,  in  the  first  and 
second  departments,  cases  may  be  reached  for  argument  at  the 
monthly  term  to  which  the  appeal  is  taken ;  but  in  the  first  depart- 
ment, the  volume  of  appeals  and  its  continued  increase  are  such, 
that  your  Committee  is  satisfied  that  without  some  radical  relief 
the  appellate  courts  cannot  continue  to  keep  abreast  with  the 
business  before  them.  In  the  Court  of  Appeals,  nearly  two  years 
necessarily  elapse  between  the  filing  of  a  return  on  appeal  and  the 
hearing,  unless  the  cause  is  preferred  by  law.  The  Court  of 
Appeals  has  made  up  no  calendar  of  pending  cases  since  May, 
1914,  and  on  May  21,  1915,  there  were  622  cases  pending  un- 
determined in  that  court,  including  the  undisposed  of  cases  on  the 
calendar  and  those  in  which  returns  were  filed  after  the  calendar 
was  made  up. 

Civil  Procedure 

Underlying  all  these  conditions,  is  a  more  fundamental  cause 
with  which  your  Committee  has  sought  to  deal,  and  that  is  the 
character  of  the  civil  procedure  prescribed  by  law  for  courts  of 
record  in  this  State.  The  vice  of  this  system  lies,  not  simply  in 
the  enormous  body  of  complex  and  conflicting  legislative  rules 


CONSTITUTIONAL  CONVENTION  483 

which  constitute  the  Code  of  Civil  Procedure,  but  in  the  un- 
certainty of  those  rules,  resulting  from  constant  legislative  tink- 
ering. 

The  entire  legal  profession,  as  well  as  representative  public 
bodies  of  various  kinds,  have  for  several  years  past  advocated 
a  change  in  the  present  complicated  and  unwieldy  system  of 
judicial  procedure  established  by  the  Code,  and  the  technicalities 
and  uncertainties  resulting  from  constant  legislative  amendment 
of  it.  In  recognition  of  this  demand,  the  Legislature  in  the  year 
1913  constituted  a  commission  which  at  its  last  session  submitted 
a  report  embodying  a  short  practice  act  in  seventy-one  sections, 
and  a  body  of  rules  for  the  regulation  of  procedure  in  the  principal 
courts  of  record  in  accordance  with  this  practice  act.  The  re- 
port was  transmitted  to  the  Legislature  by  the  Governor  on 
April  21,  1915,  and,  pursuant  to  his  recommendation,  the  Legis- 
lature promptly  appointed  a  joint  committee  to  examine  the  same 
and  report  upon  it  at  the  1916  session.  While  the  time  permitted 
for  its  examination  has  been  too  short  to  justify  your  Committee 
in  recommending  that  the  Legislature  be  required  to  enact  this 
particular  measure  into  law,  yet  the  principles  upon  which  it  is 
framed  are  those  which  have  been  almost  universally  approved 
and  advocated  by  the  bar,  and  your  Committee  therefore  feels 
justified  in  reporting  a  provision  making  it  the  duty  of  the  Legis- 
ture  to  act  upon  the  report  at  its  next  session,  and  to  enact  a  brief 
and  simple  practice  act, —  whether  that  now  recommended,  or 
another  —  and  adopt  a  separate  body  of  civil  practice  rules  for 
the  regulation  of  procedure  in  the  principal  courts  of  the  State. 
For  the  purpose  of  ending  the  practice  of  constant  legislative 
amendment,  which  hitherto  has  rendered  the  law  of  civil  pro- 
cedure uncertain,  and  thus  fostered  and  encouraged  vexatious  and 
unnecessary  litigation  and  delays  in  the  administration  of  jus- 
tice, your  Committee  recommends  that  the  Legislature  be  em- 
powered at  intervals  of  not  less  than  five  years  to  appoint  a 
commission  to  consider  and  report  what  changes,  if  any,  should 
be  made  in  the  law  and  in  the  rules  governing  civil  procedure, 
that  the  Legislature  shall  act  upon  the  report  of  such  commission 
by  a  single  bill,  and  that  subject  only  to  this  provision,  the  power 
to  make  and  alter  the  rules  governing  civil  procedure  be  vested 
in  the  Judges  of  the  Court  of  Appeals  and  the  Supreme  Court, 
and  the  Legislature  prohibited  from  enacting  any  law  affecting 
the  same  except  at  the  request  of  those  Judges.     The  enactment 


484  JOUKKAX  OF  THE 

of  this  provision  will  in  the  opinion  of  your  Committee  constitute 
a  long  step  forward  in  the  simplification  of  the  civil  procedure  of 
this  State. 

Supreme  Court  Commissioners 

Your  Committee  has  also  provided  for  the  appointment  by  the 
Appellate  Divisions  in  the  First  and  Second  Judicial  Departments 
of  such  number  of  Supreme  Court  Commissioners  as  they  may 
deem  necessary  who  must  be  members  of  the  bar  of  not  less  than 
ten  years  standing  and  who  shall  not  practice  law  during  their 
tenure  of  office.  Such  Commissioners  are  to  have  power  to  act  as 
commissioners  to  fix  compensation  when  private  property  is  taken 
for  public  use,  and  to  perform  such  other  and  further  duties  as 
may  be  devolved  upon  them  by  special  order  or  rule  of  court. 

These  commissioners  may  be  utilized  under  the  new  practice 
rules  to  determine  many  of  the  questions  of  procedure  that  now 
occupy  the  attention  of  the  courts  to  the  exclusion  of  more  im- 
portant matters. 

Official  Referees 

Your  Committee  has  also  provided  for  a  continuance  of  the 
official  referees,  heretofore  appointed  pursuant  to  law  from  among 
judges  whose  terms  of  office  have  expired,  and  requires  that  in  the 
future  they  be  appointed  by  the  Court  of  Appeals  from  among 
judges  of  the  Court  of  Appeals  and  by  the  Appellate  Divisions 
from  among  justices  of  the  Supreme  Court  whose  terms  have 
expired  and  who  at  the  time  of  their  retirement  shall  have  served 
at  least  twenty  years  as  judges  of  any  court  of  record,  or  at 
least  one  full  term  of  fourteen  years  as  justices  of  the  Su- 
preme Court  or  judge  of  the  Court  of  Appeals.  In  this  way, 
the  State  secures  the  services  of  a  body  of  highly  trained  judicial 
officers,  at  such  compensation  as  the  Legislature  may  fix;  and  on 
the  other  hand,  a  reasonable  provision  is  made  for  the  continued 
employment  of  men  whose  vigor  of  body  and  intellect  enables  them 
to  perform  valuable  services  in  the  administration  of  justice,  even 
although  they  may  have  passed  the  age  limit  set  for  their  con- 
tinuance on  the  bench. 

Attorneys 

Closely  connected  with  the  subject  of  undue  delays  in  the  ad- 
ministration of  justice,  is  the  question  of  qualifications  and  rules 
regulating  the  admission  to  practice  of  attorneys  and  counsellors 
in  the  courts  of  the  State.     The  Legislature  has  devolved  this 


CONSTITUTIONAL  CONVENTION  485 

jurisdiction  by  law  upon  the  Court  of  Appeals,  and  in  the  judg- 
ment of  your  Committee  the  Constitution  should  confirm  this 
power  in  the  court. 

Statistics 

Your  Committee  has  experienced  some  difficulty  in  securing 
comprehensive  statistics  regarding  the  judicial  business  of  the 
State,  due  to  the  fact  that  there  is  no  provision  of  law  requiring 
courts  to  prepare  and  furnish  periodically  to  any  public  official, 
or  to  publish,  statistics  of  the  judicial  business.  A  report  pre- 
pared by  the  clerks  of  the  Supreme  Court  in  the  First  Judicial 
Department  for  the  year  1914,  furnishes  a  model  which  might 
well  be  followed  by  the  courts  in  other  departments,  and  in  order 
that  a  uniform  rule  shall  be  established  respecting  this  subject, 
your  Committee  recommends  that  the  Legislature  be  authorized 
to  provide  for  the  collection,  compilation  and  publication  annually 
of  the  civil  and  criminal  judicial  statistics  of  the  State. 

Organization  and  Jurisdiction  of  Courts 

For  the  purpose  of  providing  the  requisite  judicial  machinery 
for  the  prompt  disposal  of  litigation  without  delay,  your  Com- 
mittee recommends  a  number  of  changes  in  the  organization  and 
jurisdiction  of  the  courts,  and  a  slight  increase  in  the  number  of 
judges. 

The  number  of  justices  composing  the  Appellate  Division  of 
the  Supreme  Court  in  the  First  Department,  is  increased  from 
seven  to  not  less  than  ten  nor  more  than  twelve,  and  in  the  Second 
Department  from  five  to  seven.  To  supply  this  enlarged  force, 
provision  is  made  for  two  new  justices  in  the  first  judicial  district. 

The  volume  of  appeals  which  at  present  come  to  the  Appellate 
Division  of  the  Supreme  Court  in  the  First  Department,  amount- 
ing during  the  last  year  to  upwards  of  1,500  cases,  besides  840 
original  motions,  is  far  greater  than  the  court  as  at  present  con- 
stituted can  properly  continue  to  dispose  of.  It  is  true  that  until 
the  present  time  the  remarkable  body  of  men  now  constituting 
that  court  has  been  able  to  pass  upon  and  decide  that  number  of 
cases,  but  they  have  done  so  by  labors  which  should  not  be  con- 
tinuously required  by  the  State  of  any  body  of  judges,  and  which 
in  framing  the  fundamental  law  of  the  State  should  not  be  as- 
sumed as  the  criterion  of  the  amount  of  work  disposable  by  any 
court  of  seven  judges.  No  other  court  in  the  State  passes  upon 
much  more  than  one-half  the  number  of  cases  annually  determined 


486  *   JOURNAL  OF  THE 

by  the  Appellate  Division  in  the  First  Department,  except  the 
Appellate  Division  in  the  Second  Department  which  in  1914 
decided  about  70  per  cent,  of  that  number.  The  continued  in- 
crease in  importance  of  the  city  of  New  York  as  a  great,  if  not  the 
greatest  commercial  center  of  the  world,  brings  into  the  courts  in 
the  First  Department  a  constantly  increasing  volume  of  litigation, 
involving  questions  affecting,  not  merely  the  citizens  of  that  depart- 
ment but  those  of  the  entire  State  and  of  almost  every  other  State 
and  Nation.  The  average  number  of  cases  disposed  of  (not  includ- 
ing original  motions  in  the  court)  by  the  Appellate  Division  of  the 
First  Department  in  each  of  the  five  years  ending  1904  was  1,032  ; 
during  the  five  years  ending  1914,  1,389.  The  number  of  appeals 
decided  in  1904  was  1,053  ;  in  1914  it  was  1,534.  Your  Committee 
feels  great  doubt  as  to  whether  or  not  even  a  court  of  ten  or  twelve 
judges,  five  of  whom  are  sitting  continuously  four  weeks  in  every 
month,  can  dispose  of  such  a  volume  of  business,  and  it  has  there- 
fore provided  that  the  court  may,  should  it  find  it  necessary,  sit  in 
two  parts,  each  composed  of  five  justices,  both  under  the  direction 
of  one  Presiding  Justice.  It  also  proposes  to  authorize  the  Ap- 
pellate Division  to  call  in  other  justices  from  the  Supreme  Court 
for  temporary  service  in  case  of  the  illness  or  absence  of  one  of  the 
regularly  assigned  justices.  The  provisions  in  the  present  Con- 
stitution authorizing  the  Governor  to  assign  additional  justices  to 
an  Appellate  Division  on  request,  are  retained,  and  the  provisions 
for  transferring  cases  from  one  division  to  another  by  vote  of  the 
Presiding  Justices  in  case  an  Appellate  Division  is  unable  to  dis- 
pose of  its  business  within  a  reasonable  time,  are  retained  and  made 
mandatory. 

Appellate  Terms 

To  further  relieve  the  Appellate  Divisions  in  the  First  and 
Second  Departments,  your  Committee  proposes  to  increase  the 
number  of  justices  assignable  to  the  Appellate  Terms  from  three 
to  five,  and  to  give  to  those  branches  of  the  court  greater 
effectiveness  by  making  the  assignments  for  periods  of  one  year. 
All  appeals  from  judgments  and  orders  in  civil  cases,  made 
by  County  Courts  within  those  departments,  as  well  as  by  the 
City  Court  of  New  York,  the  Municipal  Court  of  the  City  of 
New  York,  the  Court  of  Special  Sessions  of  the  City  of  New  York, 
and  all  other  inferior  or  local  courts,  except  those  held  by  Jus- 
tices of  the  Peace,   are  required  to  be  heard  at  the  Appellate 


CONSTITUTIONAL  CONVENTION  487 

Term,  and  the  Legislature  is  empowered  to  enlarge  or  modify  the 
jurisdiction  of  that  court  and  the  right  of  appeal  thereto. 

Your  Committee  considered  a  provision  giving  to  the  Appel- 
late Term  jurisdiction  of  appeals  from  all  interlocutory  and  pro- 
cedural orders,  but  decided  that  it  would  not  be  practicable  sub- 
stantially to  add  to  the  volume  of  work  now  disposed  of  by  this 
Court.  The  Appellate  Term  in  the  First  Department  during  the 
year  1914  heard  and  decided  2,150  appeals  from  judgments  and 
orders  of  the  Municipal  Court  of  the  City  of  New  York  and  the 
City  Court  of  New  York.  The  measure  recommended  by  your 
Committee  would  give  to  it  also  jurisdiction  of  appeals  from  the 
Court  of  Special  Sessions.  By  allowing  the  Appellate  Division 
to  assign  five  justices  to  sit  at  the  Appellate  Term,  provision  is 
made  for  relieving  undue  pressure  upon  the  court.  To  add 
further  to  its  jurisdiction,  would  require  the  permanent  designa- 
tion of  a  larger  number  of  justices  and  interfere  with  the  neces- 
sary assignments  for  the  Trial  and  Special  Terms.  The  judges 
sitting  in  the  Appellate  Term  are  not  prohibited  from  transacting 
any  other  business  of  the  court,  and  are  therefore  available  for 
interlocutory  applications,  but  your  Committee  confidently  expects 
that  the  result  of  the  operations  of  the  new  practice  rules,  when 
adopted,  will  be  very  greatly  to  diminish  the  amount  of  litiga- 
tion from  purely  procedural  matters. 

Court  of  Appeals 

Perhaps  the  most  troublesome  question  with  which  your  Com- 
mittee has  had  to  deal,  is  the  composition  and  jurisdiction  of  the 
Court  of  Appeals.  The  Constitution  of  1894,  by  creating  the 
Appellate  Divisions  as  courts  of  appeal  of  general  jurisdiction, 
and  limiting  the  Court  of  Appeals  to  review  of  questions  of 
law  only,  sought  to  confine  the  Court  of  Appeals  to  the 
function  of  settling  the  law  for  the  entire  State  in  the 
interests  of  uniformity  and  public  justice,  as  distinguished 
from  the  settlement  of  controversies  between  individuals  merely. 
The  Committee  on  the  Judiciary  in  that  Convention  recommended 
a  permanent  increase  in  the  number  of  judges  from  seven  to  nine, 
but  that  proposed  increase  was  defeated  in  the  Convention.  Pro- 
vision was,  however,  made  for  the  temporary  assignment  to  that 
court  by  the  Governor  of  not  more  than  four  Justices  of  the 
Supreme  Court,  and  for  several  years  past  three  justices  have  been 


488  JOURNAL  OF  THE 

sitting  under  such  designations.  Those  provisions,  it  was  antici- 
pated, would  enable  that  court  to  keep  abreast  of  its  business. 
There  was  at  the  time  of  the  Convention  of  1894  an  arrearage  of 
about  175  cases  in  the  Court  of  Appeals,  and  it  was  predicted  by 
some  of  the  delegates  in  discussing  the  report  of  the  Judiciary 
Committee,  that  this  number  might  be  increased  to  between  300  or 
400  by  the  time  the  new  Judiciary  Article  became  effective,  viz. : 
January  1,  1896.  As  a  matter  of  fact,  there  is  now  an  accumula- 
tion of  more  than  600  cases  pending  in  the  Court  of  Appeals,  and 
the  average  time  required  between  the  date  of  filing  return  and 
the  cause  being  reached  for  argument,  unless  it  is  entitled  to  a 
preference,  is  about  two  years.  The  Court  has  made  up  no 
calendar  since  May  4,  1914,  and  the  calendar  then  made  up  em- 
braced returns  filed  to  April  20,  1914,  only.  The  number  of  cases 
on  that  calendar  was  714.  During  each  of  the  five  years  ending 
1914  the  Court  has  disposed  of  on  the  average  671  cases,  and 
the  average  number  of  returns  filed  has  been  769,  so  that  each 
year  adds  on  the  average  100  cases  to  the  number  accumulating 
in  the  court.  Your  Committee  agrees  with  the  statement  of 
principle  made  by  the  Judiciary  Committee  in  its  report  to  the 
Constitutional  Convention  of  1894,  in  the  following  language: 

"  Every  State  is  bound  to  give  its  citizens  one  trial  of  their 
controversies  and  one  review  of  the  rulings  and  results  of  the 
trial  by  competent  and  impartial  appellate  tribunal.  When 
this  is  done,  the  duty  of  the  State  to  particular  litigants  in- 
volved in  a  case  is  fully  performed.  There  is  no  consideration 
either  of  public- duty  or  private  interests  involved  in  litigation 
which  requires  a  second  appeal  and  a  second  review." 

Regarding,  therefore,  the  judicial  function  of  the  Court  of 
Appeals  as  that  of  settling  the  law  for  the  whole  State  and  main- 
taining one  consistent  and  harmonious  system  of  justice,  your 
Committee  reports  provisions:  (1)  designed  to  dispose  without 
further  delay  of  the  present  accumulation  of  business  in  that 
Court,  and  to  enable  it  in  the  future  to  dispose  of  undue  accumula- 
tions a&  they  arise;  (2)  further  to  limit  the  jurisdiction  of  the 
court  so  as  to  prevent  the  impairment  of  the  line  of  demarcation 
between  the  general  appellate  courts  and  the  Court  of  Appeals. 
Your  Committee,  therefore,  recommends  that  the  number  of  per- 
manently elected  Judges  be  increased  to  ten,  and  that  the  three 
Justices  of  the  Supreme  Court  at  present  designated  to  sit  as 


CONSTITUTIONAL  CONVENTION  489 

Associate  Judges  of  the  Court  of  Appeals  be  continued  as  such 
until  the  expiration  of  their  terms.  For  the  purpose  of  disposing 
of  the  present  accumulation  of  cases,  the  Court  of  Appeals  is 
required  within  three  months  after  the  new  Constitution  takes 
effect,  to  designate,  for  temporary  service,  not  less  than  four  nor 
more  than  six  Justices  of  the  Supreme  Court  to  sit  as  Associate 
Judges  of  the  Court  of  Appeals,  and  thereupon  to  divide  the  Court 
into  two  parts,  distributing  the  permanent  and  temporary  judges 
equally  between  such  parts,  each  of  which  shall  have  jurisdiction 
to  hear  and  dispose  of  the  cases  on  the  calendar  of  the  court,  which 
shall  be  distributed  between  them  by  the  Chief  Judge.  When 
these  accumulations  are  disposed  of  by  reducing  the  number  of 
cases  to  200,  and  not  later  than  December  31,  1917,,  the  Supreme 
Court  Justices  are  to  return  to  their  Court,  and  the  Court  of 
Appeals  resumes  its  normal  condition  as  a  single  body.  Experience 
in  the  past  having  demonstrated  that  no  matter  what  provision  is 
made  to  meet  the  increasing  business  of  the  Court  of  Appeals, 
there  is  always  danger  of  undue  accumulations  resulting  in  de- 
lays of  from  one  to  two  years  in  reaching  cases  for  hearing,  the 
Court  is  further  required  to  make  up  a  calendar  at  least  once  in 
every  year,  and  it  is  provided  that  if  on  the  first  day  of  January 
in  any  future  year,  there  shall  be  more  than  500  cases  pending 
undisposed  of  on  its  calendar,  the  Court  shall  again  call  in  the 
Supreme  Court  Justices  and  shall  sit  in  two  parts  and  dispose 
of  such  accumulations,  and  when  that  is  accomplished,  and  not 
more  than  one  year  later,  the  Justices  shall  again  return  to  the 
Supreme  Court,  and  the  Court  of  Appeals  resume  its  normal  con- 
dition. For  the  purpose  of  enabling  the  Court  to  retain  its  maxi- 
mum strength  at  all  times,  provision  is  further  made  for  calling  in 
Justices  of  the  Supreme  Court  to  take  the  places  of  Judges  of  the 
Court  of  Appeals  temporarily  disqualified  by  absence  or  illness, 
but  for  periods  of  not  exceeding  six  months. 

Your  Committee  recognizes  the  objection  to  dividing  the  Court  of 
Appeals  under  any  circumstances  into  two  parts.  But  unless  the 
Court  shall  be  left  to  struggle  with  its  constantly  increasing  ac- 
cumulation of  cases,  no  alternative  to  that  recommended  presents 
itself,  except  the  creation  of  a  separate  Second  Division  or  Com- 
mission of  Appeals,  which  in  the  past  has  proved  unsatisfactory  to 
the  profession  and  the  public.  The  alternative  recommended  by 
your  Committee  appears  to  it  to  avoid  the  objection  to  such  division 
so  far  as  possible ;  first,  by  assuring  the  temporary  character  of  the 


490  JOURNAL  OF  THE 

division,  not  only  by  prescribing  that  it  shall  cease  when  the 
number  of  causes  has  been  reduced  to  a  definite  figure,  but  by 
fixing  the  time  at  the  expiration  of  which  the  temporary  designa- 
tions shall  expire,  this  time  being  estimated  to  be  somewhat  more 
than  should  reasonably  be  required  for  the  two  parts  to  dispose  of 
the  accumulation  of  cases  requiring  the  temporary  expansion  of 
the  Court;  second,  by  providing  that  a  majority  of  the  Judges  in 
each  part  of  the  Court  shall  be  composed  of  members  of  the 
permanent  court,  thus  reducing  the  probability  of  differences  of 
view  resulting  in  a  divergence  of  opinion  to  the  narrowest  bounds 
of  possibility,  and  third,  by  giving  the  Chief  Judge  control  over 
both  parts  of  the  Court  with  power  himself  to  sit  in  either  of  them. 

Your  Committee  recommends  the  following  modification  in  the 
general  prohibition  against  the  Court  of  Appeals  reviewing  facts 
in  any  case,  viz: 

Under  the  provisions  of  section  1317  of  the  Code  of  Civil  Pro- 
cedure, the  Appellate  Division  on  reversing  or  modifying  a  judg- 
ment is  empowered  to  make  new  findings  of  fact  and  render 
judgment  thereon.  In  such  cases,  the  Appellate  Division  in  effect 
acts  as  an  original  trial  court,  and  unless  a  review  is  allowed 
in  the  Court  of  Appeals,  the  litigant  is  deprived  of  the  right, 
conceded  to  all  other  litigants,  of  at  least  one  full  review  upon 
appeal  from  the  judgment  of  the  trial  court.  With  this  ex- 
ception, the  present  limitation  of  the  jurisdiction  of  the  Court 
of  Appeals  to  questions  of  law  only  is  retained. 

The  class  of  appeals  which  may  be  taken  as  a  matter  of  right 
is  also  restricted  and  limited  to  the  following  cases  only: 

(1)  Where  the  judgment  is  of  death; 

(2)  From  a  judgment  or  order  entered  upon  a  decision  of  the 
Appellate  Division  which  finally  determines  an  action  or  a  special 
proceeding  directly  involving  the  construction  of  the  Constitution 
of  the  State  or  of  the  United  States,  or  where  one  or  more  of 
the  justices  who  heard  the  case  dissents  from  the  decision 
of  the  court,  or  where  the  judgment  of  the  trial  court  is  reversed 
or  modified ; 

(3)  From  an  order  granting  a  new  trial  where  the  appellant 
stipulates  that  upon  affirmance  judgment  absolute  shall  be 
rendered  against  him. 

The  Court  of  Appeals  is,  however,  empowered  itself  to  allow 
an  appeal  in  any  case  where  a  question  of  law  is  involved  which 


CONSTITUTIONAL  CONVENTION  491 

in  its  opinion  ought  to  be  reviewed  by  it;  but  the  power  now 
vested  in  the  Appellate  Division  allowing  such  appeals  is  taken 
away. 

Your  Committee  recommends  one  further  modification  in  the 
jurisdiction  of  the  court.  Previous  to  1894,  the  question  whether 
or  not  there  was  any  evidence  to  support  a  finding  of  fact  or  a 
verdict  was  regarded  as  one  of  law,  but  in  the  Constitution  of 
1894  there  was  inserted  in  Article  VI,  section  9,  a  provision  that 
u  no  unanimous  decision  of  the  Appellate  Division  of  the  Supreme 
Court  that  there  is  evidence  supporting  or  tending  to  support  a 
finding  of  fact  or  a  verdict  not  directed  by  the  court  shall  be 
reviewed  by  the  Court  of  Appeals."  The  testimony  of  almost  all 
of  the  judges  who  appeared  before  your  Committee  is  to  the  effect 
that  the  practical  operations  of  that  provision  have  resulted  un- 
satisfactorily ;  the  New  York  State  Bar  Association,  the  New 
York  Association  of  the  Bar,  the  New  York  County  Lawyers 
Association,  and  others,  have  united  in  the  recommendation  that 
this  limitation  be  stricken  from  the  Constitution,  and  your  Com- 
mittee has,  therefore,  so  reported.  Briefly,  it  may  be  stated,  as 
is  done  by  the  Special  Committee  of  the  Association  of  the  Bar  of 
the  City  of  New  York,  that  a  this  provision  has  frequently 
operated  to  preclude  the  review  of  what  is  essentially  a  question  of 
law,  and  it  has  applied  unjustly  to  many  cases  quite  beyond  the 
scope  contemplated  by  its  framers." 

Surrogates 

In  1913,  the  Legislature  enacted  a  recodification  of  the  law  regu- 
lating the  jurisdiction  and  practice  of  Surrogates  and  Surrogates' 
Courts,  which  vested  them  with  much  greater  jurisdiction  over  the 
administration  of  the  estates  of  decedents  than  theretofore  had  been 
enjoyed  by  them,  including  jurisdiction,  in  their  discretion,  in 
any  proceeding  in  which  a  controverted  question  of  fact  arises  of 
which  any  party  has  a  constitutional  right  of  trial  by  jury,  and 
in  any  proceeding  for  the  probate  of  a  will,  in  which  a  contro- 
verted question  of  fact  may  arise,  either  to  conduct  the  trial  by 
jury  in  the  Surrogate's  Court,  or  to  refer  the  same  to  the  Supreme 
Court  to  be  tried  at  a  trial  term  held  within  the  county  or  in  the 
County  Court  of  the  county.  With  some  hesitation,  your  Com- 
mittee has  reached  the  conclusion  to  continue  the  present  juris- 
diction of  the  Surrogates  as  so  modified,  until  otherwise  provided 
by  law.     This  will  leave  the  whole  subject  within  the  discretion  of 


492  JOURNAL  OF  THE 

the  Legislature,  and  if  experience  shall  demonstrate  the  need  of 
some  modification  of  the  jurisdiction,  the  Legislature  may  act  ac- 
cordingly. 

County  Courts 

The  jurisdiction  of  the  County  Courts  in  actions  at  common 
law  for  the  recovery  of  money  is  increased  from  $2,000  to 
$3,000,  and  they  are  also  given  jurisdiction  over  actions  against 
non-residents  having  an  office  for  the  regular  transaction  of  busi- 
ness within  the  county,  upon  causes  of  action  arising  within  the 
county. 

The  existing  Constitution  prohibits  a  County  Judge  or  Surro- 
gate in  a  county  having  a  population  exceeding  120,000  from 
practicing  as  attorney  or  counselor-at-law  or  acting  as  referee. 
Much  criticism  has  arisen  respecting  the  effect  of  permitting 
County  Judges  and  Surrogates  in  other  counties  to  practice  law. 
The  opposition  to  making  a  general  prohibition  of  the  prac- 
tice results  from  the  unwillingness  or  inability  of  the  counties  to 
sanction  legislative  increase  in  the  salaries  of  these  officials  to  an 
amount  which  would  compensate  competent  judges.  After  care- 
ful consideration,  your  Committee  recommends  an  extension  of 
the  prohibition  so  as  to  apply  to  all  counties  having  a  population 
of  75,000  or  upwards.  This  will  result  in  extending  it  to  thir- 
teen additional  counties,  all  of  them  prosperous  and  apparently 
abundantly  able  to  adequately  compensate  such  officials  for  the 
loss  of  opportunity  to  add  to  their  salaries  by  private  practice. 
In  order,  however,  to  make  it  possible  to  secure  competent  men 
for  those  positions,  in  view  of  this  action,  the  Legislature  is  to  be 
further  empowered  at  any  time  to  consolidate  the  offices  of  County 
Judge  and  Surrogate  in  any  county.  The  compensation  of  the 
County  Judges  is  to  be  directly  fixed  by  the  Boards  of  Supervisors 
of  the  counties,  or  other  officials  exercising  powers  similar  to 
those  now  vested  in  such  boards,  instead  of  through  the  Legisla- 
ture as  at  present,  and  except  in  case  of  such  consolidation,  it  is 
provided  that  the  compensation  of  a  judge  or  justice  of  any  court 
in  the  State,  shall  be  neither  increased  nor  decreased  during  the 
term  of  office  for  which  he  was  elected  or  appointed. 

Commissioners  of  Jurors 

In  conformity  with  the  recommendation  of  a  number  of  judges 
who  have  appeared  before  it,  your  Committee  reports  a  provision 
for  the  appointment  of  Commissioners  of  Jurors  in  all  counties 


CONSTITUTIONAL  CONVENTION  493 

having  a  population  of  upwards  of  75,000  inhabitants,  to  be  chosen 
by  the  Justices  of  the  Supreme  Court,  their  terms  of  office  and 
compensation  to  be  fixed  by  the  Legislature,  which  shall  also  pre- 
scribe and  define  their  duties. 

Impeachment 

One  of  the  arguments  employed  by  advocates  of  the  recall  of 
judges  has  been  that  the  proceeding  to  remove  judges  by  impeach- 
ment was  so  cumbersome  as  to  be  impracticable,  and  not  to  afford 
a  feasible  remedy  for  the  removal  of  an  unfit  judge,  save  in  extraor- 
dinary cases  of  political  significance.  For  the  purpose  of  re- 
moving this  argument  and,  without  in  the  slightest  degree  detract- 
ing from  the  dignity  and  importance  of  trial  by  impeachment,  but 
to  make  it  conform  with  the  reasonable  requirements  of  practical 
judicial  procedure,  your  Committee  recommends  a  provision  au- 
thorizing the  Court  for  the  Trial  of  Impeachments  to  order  all  or 
any  part  of  the  testimony  to  be  taken  and  reported  by  a  committee 
composed  of  members  of  the  court,  reserving,  however,  to  the  im- 
peached officer  the  right  to  testify  before  the  court,  if  he  so  desire. 

Court  of  Claims 
To  end  the  recurrent  scandals  resulting  from  the  Legislature 
dealing  with  the  Court  of  Claims  as  a  mere  political  football,  your 
Committee  has  provided  for  the  continuance  of  this  court  as  a  con- 
stitutional court.  Two  courses  only  appear  to  be  open  in  dealing 
with  this  matter.  One,  to  transfer  to  the  Supreme  Court  the 
jurisdiction  now  exercised  by  the  present  Court  of  Claims,  the 
other,  to  provide  in  the  Constitution  for  the  continuance  of  that 
tribunal  as  a  court.  The  Court  of  Claims  is  the  development  of 
the  Legislative  Committee  or  Statutory  Board  of  Audit.  Its 
jurisdiction  is  essentially  different  from  that  of  ordinary  courts  of 
justice.  It  should  have  power  to  exercise  this  jurisdiction  in  a 
simple  summary  manner,  without  being  hampered  by  technical 
rules  of  law,  and  your  Committee,  therefore,  recommends  that  it 
be  continued  as  at  present  constituted,  with  power  in  the  Legisla- 
ture to  increase  its  members,  the  judges  to  have  authority 
separately  to  take  testimony  in  any  case,  but  a  majority  of  the 
court  to  concur  in  any  award. 

Consolidation  of  Local  Courts 

Very  greatly  increased  efficiency  has  been  realized  by  the  con- 
solidation of  numerous  small  courts  into  single  tribunals,  so  or- 
ganized that  their  entire  judicial  force  may  be  kept  occupied,  and 


494  JOURNAL  OF  THE 

the  business  within  the  jurisdiction  of  the  court  fairly  dis- 
tributed among  its  various  terms  and  parts.  Numerous  and  dif- 
ferent plans  of  consolidation  have  been  advocated  before  your 
Committee,  some  even  going  to  the  length  of  urging  the  absorption 
of  all  the  courts  of  the  State  into  one  great  tribunal,  having  orig- 
inal and  appellate  jurisdiction.  Without  yielding  to  such  extreme 
suggestions  as  these,  your  Committee  has  realized  the  force  of  the 
criticism  of  the  unsatisfactory  organization  of  the  courts  of  civil 
and  criminal  jurisdiction  in  the  city  of  New  York,  intermediate 
the  Supreme  Court  and  the  courts  of  inferior  civil  and  criminal 
jurisdiction.  These  latter  courts  recently  have  been  reorganized, 
so  that  the  court  of  limited  civil  jurisdiction,  the  Municipal  Court 
is  vested  with  jurisdiction  throughout  the  Greater  City,  holding 
terms  in  each  of  the  live  boroughs,  its  judges,  under  the  direction 
of  its  Presiding  Judge,  being  authorized  to  sit  wherever  the  busi- 
ness of  the  court  requires,  and  that  business  being  distributed  as 
the  requirements  of  its  due  and  prompt  determination  may  de- 
mand. The  Court  of  Special  Sessions,  and  the  Magistrates'  Courts 
in  the  city  of  New  York,  in  like  manner  have  been  reorganized  with 
jurisdiction  throughout  the  greater  city,  and  with  provisions  for 
the  conduct  of  its  business  similar  to  those  applicable  to  the  Mu- 
nicipal Court.  The  Association  of  the  Bar  of  the  city  of  New 
York  has  recommended  that  the  Legislature  be  empowered  to 
abolish  County  Courts  within  the  City  of  New  York  and  to  extend 
over  the  whole  city,  the  jurisdiction  of  the  Court  of  General  Ses- 
sions in  and  for  the  city  and  county  of  New  York,  so  far  as  regards 
criminal  jurisdiction,  and  the  jurisdiction  of  the  City  Court  of 
the  city  of  New  York,  so  far  as  regards  civil  jurisdiction.  In  its 
opinion,  such  consolidated  courts  would  relieve  the  Supreme  Court 
of  a  great  number  of  small  cases,  and  would  make  homogeneous 
courts  of  civil  and  criminal  jurisdiction,  respectively,  which  would 
better  meet  the  requirements  of  the  business  in  the  city  of  New 
York  than  the  existing  separate  courts.  Similar  consolidations 
have  been  made  with  very  satisfactory  results  in  other  cities. 
In  conformity  with  those  recommendations,  your  Committee  re- 
ports the  following  provisions : 

From  and  after  January  1,  1917,  the  jurisdiction  of  the  Court 
of  General  Sessions  of  the  City  of  New  York  is  extended  through- 
out the  greater  city.  The  County  Courts  of  Kings,  Queens, 
Richmond  and  Bronx  are  abolished,  and  their  jurisdiction 
transferred  to  the  Court  of  General  Sessions,  the  judges  of  such 


CONSTITUTIONAL  CONVENTION  495 

County  Courts  becoming  judges  of  the  Court  of  General  Sessions, 
the  successors  of  the  judges  so  transferred  to  be  elected  by  the 
electors  of  the  counties  in  which  they  respectively  reside.  Owing 
to  the  rapid  growth  of  population  in  Bronx  county,  the  Legislature 
is  empowered  to  provide  one  additional  judge  from  that  county 
if  it  shall  deem  it  proper  so  to  do.  One  of  the  principal  difficul- 
ties in  accomplishing  this  consolidation  lies  in  the  difference  in 
the  salaries  paid  to  the  judges.  Those  of  the  Court  of  General 
Sessions  at  present  receive  salaries  of  $17,500  per  annum,  the 
County  Court  Judges  in  Kings,  Queens  and  Bronx  each  $10,000 
per  annum  and  in  Richmond  $7,500  per  annum.  Your  Com- 
mittee has  provided  that  the  present  incumbents  shall  continue 
to  receive  those  salaries  until  the  expiration  of  their  respective 
terms,  but  that  their  successors,  who  shall  be  elected  for  periods 
of  fourteen  years,  shall  be  paid  a  salary  to  be  fixed  by  the 
Legislature. 

From  and  after  January  1,  1917,  the  jurisdiction  of  the  City 
Court  of  New  York  is  extended  throughout  the  Greater  City,  and 
the  pecuniary  limit  for  which  it  may  entertain  actions  for  the 
recovery  of  money  increased  to  $5,000.  Provision  is  made  for 
electing  additional  judges  of  the  court,  two  from  the  county  of 
Kings,  and  one  from  each  of  the  counties  of  Bronx  and  Queens. 
The  Legislature  is  empowered  to  provide  one  additional  judge 
from  Kings  County  should  it  deem  proper  so  to  do.  The  amount 
of  civil  business  in  the  County  Court  of  Richmond  does  not  seem 
sufficient  to  require  provision  to  be.  made  for  a  judge  of  the  City 
Court  from  that  county,  but  provision  is  made  for  a  separate 
surrogate  therein. 

Children's  Courts 

To  enable  the  Legislature  to  keep  pace  with  modern  theories 
of  dealing  with  delinquent  children,  not  as  criminals,  but  as  wards 
of  the  State,  and  of  regulating  domestic  relations  on  a  broader 
basis  than  the  mere  enforcement  of  penal  laws,  your  Committee 
has  reported  a  provision  empowering  the  Legislature  to  establish 
inferior  or  local  courts  with  territorial  jurisdiction  throughout  the 
counties  in  which  they  are  situated,  and  to  confer  upon  them,  or 
upon  existing  courts,  power  to  try  without  a  jury  offenses  of  the 
grade  of  misdemeanor,  and  to  establish  children's  courts  and 
courts  of  domestic  relations,  with  jurisdiction  found  to  be  essential 
for  the  successful  administration  of  such  courts. 


496  JOURNAL  OF  THE 


Jury  Exemptions 


Exemptions  from  liability  to  jury  service  have  been  granted  by 
the  Legislature  from  time  to  time  to  various  classes  of  citizens.  It 
is  difficult  to  imagine  any  sound  reason  for  the  existence  of  some 
of  these  exemptions.  Many  judges  who  have  appeared  before 
your  Committee  have  attributed  to  these  exemptions  difficulties 
experienced  in  securing  in  important  cases  juries  of  sufficient 
intelligence  to  comprehend  the  issues  involved.  Your  Committee 
is  inclined  to  the  opinion  that  except  in  the  case  of  physicians 
and  surgeons  in  active  practice,  exemptions  from  liability  to  jury 
duty  should  be  limited  to  persons  employed  in  the  public  serv- 
ice; but  recognizing  the  difficulty  of  fairly  determining  this 
question  within  the  limitations  necessarily  imposed  upon  it,  your 
Committee  has  recommended  that  no  others  be  exempt  unless  and 
except  the  judges  empowered  to  make  the  Civil  Practice  rules 
shall  so  provide.  It  is  believed  that  this  body,  charged  with 
formulating  the  rules  governing  procedure  in  the  Courts,  will  be 
better  qualified  to  determine  what  classes  of  persons  may  be  ex- 
empted from  jury  duty  without  impairment  to  the  administration 
of  justice.  Soldiers  and  sailors  of  the  United  States  army  or 
navy,  members  of  the  National  Guard  and  volunteer  firemen  now 
serving  as  such  or  heretofore  honorably  discharged  are  excepted 
from  this  prohibition. 

Tobsens  Law 
The  Committee  has  also  recommended  a  provision  authorizing 
the  enactment  of  laws  to  provide  for  a  system  of  judicial  au- 
thentication and  guaranty  by  the  State  or  by  any  county 
of  titles  to  real  property,  the  determination  of  adverse  claims 
to  and  interests  therein  and  the  establishment  by  means  of  fees 
or  otherwise  of  protective  funds  to  make  such  system  operative, 
and  to  confer  upon  existing  courts  of  record  such  administrative 
powers  as  are  necessary  in  carrying  out  such  system.  The 
advocates  of  the  so-called  Torrens  Law  system  have  pressed  upon 
your  Committee  recommendations  for  the  establishment  of  separate 
land  courts  or  land  divisions  in  the  Supreme  Court  and  provisions 
authorizing  the  Legislature  to  confer  upon  administrative  officers 
judicial  powers  in  carrying  out  this  system.  Your  Committee 
has  felt,  however,  that  no  separate  Land  Division  or  Land  Court 
was  either  necessary  or  desirable,  and  it  is  of  the  opinion  that  it  is 
inexpedient  to  confer  judicial  powers  upon  administrative  officers. 


CONSTITUTIONAL  CONVENTION  497 

Your  Committee  has  adopted  and  included  in  the  article  re- 
ported portions  of  the  proposed  constitutional  amendments  intro- 
duced by  the  following  named  delegates:  Messrs.  Clearwater, 
Steinbrink,  Aiken,  Rodenbeck,  Baldwin,  R.  B.  Smith,  Cobb, 
Mandeville,  Reeves,  C.  H.  Young,  Tuck,  Sheehan,  Fobes,  Rosch, 
Lincoln,  Heaton,  McKean,  Leggett,  Ostrander,  Coles,  Brenner, 
Barrett,  Dunmore,  Angell,  Wiggins,  Green,  Stimson. 

Your  Committee  gratefully  acknowledges  the  valuable  sugges- 
tions, explanations  and  information  received  from  the  gentlemen 
who  introduced  these  amendments  as  well  as  from  other  proposals 
which  furnished  helpful  suggestions. 

GEORGE  W.  WICKERSHAM, 

Chairman. 

Louis  Marshall,  Adolph   J.   Rodenbeck, 

Albert  F.  Gladding,  A.  T.  Clearwater, 
Henry  L.  Stimson,                   .   William  F.  Sheehan, 

Charles  H.  Young,  D.  Raymond  Cobb, 

Meier  Steinbrink,  Charles  B.  Sears, 

William  N.  Dykman,  Edgar  Truman  Brackett, 
Delancey  Nicoll,  (with  some  reservations), 

Robert  F.  Wagner,  John  B.  Stanchfield. 

Mr.  Dunmore  presented  the  following  minority  report: 

With  profound  respect  for  the  judgment  of  the  majority  of 
this  Committee  and  their  report,  I  find  myself  constrained  to 
dissent  from  it,  but  in  one  particular  only,  I  am  in  perfect  accord 
with  all  the  provisions  of  the  majority  report  excepting  the  pro- 
vision continuing  the  Court  of  Claims.  While  that  is  called  a 
court,  it  is  made  in  fact  merely  a  board  of  audit.  While  this 
court  annually  passes  upon  greater  property  values  perhaps  than 
is  passed  upon  by  any  like  number  of  judges  of  the  State,  yet  it  is 
limited  to  fixing  the  value  of  the  property,  and  is  denied  juris- 
diction, to  determine  the  value  of  a  small  incumbrance  upon  it. 
While  this  judiciary  article  recognizes  this  court  as  good  enough 
as  between  the  State  and  the  owner  to  pass  upon  the  value  of 
property  worth  perhaps  a  million  of  dollars,  it  is  not  recognized 
as  good  enough  as  between  the  owner  and  a,  mortgagee  to  pass 
upon  the  amount  owing  upon  a  mortgage  for  a  hundred  dollars. 
Consequently  after  a  claimant  has  had  his  lawsuit  with  the  State 

32 


498  JOURNAL  OF  THE 

he  must  have  another  law  suit  with  the  other  claimants  before 
he  can  get  his  pay  for  property  taken  from  him  by  the  State  with- 
out his  consent,  I  think  the  Court  of  Claims  should  have  juris- 
diction to  determine  the  share  of  several  claimants  in  any  award. 
That  would  avoid  multiplicity  of  actions  and  save  expense  and 
delay  for  claimants. 

Dated  August  12,  1915. 

W.    T.    DUNMORE. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
for  the  consideration  of  the  special  order,  being  "  Proposed  con- 
stitutional amendment  to  amend  Article  XII  of  the  Constitution, 
generally,  in  relation  to  cities  and  villages  and  their  powers  of 
self-government."     (No.  781,  Int.  No.  712.) 

After  some  time  spent  therein,  the  hour  of  one  o'clock  p.  m.  hav- 
ing arrived,  the  Convention  took  a  recess  until  two  o'clock  and 
thirtv  minutes  p.  m. 


TWO  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened  and  resolved  itself  into  a 
Committee  of  the  Whole  and  resumed  the  consideration  of  the 
special  order  being  Proposed  Constitutional  Amendment  to 
amend  article  twelve  of  the  Constitution  generally,  in  relation 
to  cities  and  villages  and  their  powers  of  self-government.  (No. 
781,  Int.  No.  712.) 

After  some  time  spent  therein  the  point  of  no  quorum  having 
been  raised  the  President  resumed  the  chair. 

Mr.  Wickersham  moved  a  call  of  the  members  of  the  Conven- 
tion. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 


CONSTITUTIONAL  CONVENTION 


499 


By  direction  of  the  President,  the  secretary  called  the  roll, 
when  the  following  delegates  responded: 


Allen  F  C 

Deyo 

Law 

Ostrander 

Smith  R  B 

Angell 

Dick 

Leary 

Parmenter 

Standart 

Austin 

Donnelly 

Leggett 

Parsons 

Stimson 

Bannister 

Donovan 

Lincoln 

Phillips  S  K 

Stowell 

Barnes 

Dow 

Linde 

Potter 

Tanner 

Barrett 

Dunlap 

Low 

Reeves 

Tuck 

Bayes 

Dunmore 

McKean 

Rhees 

Van  Ness 

Beach 

Fancher 

Mandeville 

Rodenbeck 

Wagner 

Bell 

Fobes 

Martin  F 

Ryan 

Weed 

Berri 

Foley 

Martin  L  M 

Sanders 

Westwood 

Betts 

Franchot 

Marshall 

Sargent 

White  C  J 

Blauvelt 

Green 

Mealy 

Saxe  M 

Wickersham 

Bockes 

Haffen 

Meigs 

Schurman 

Wiggins 

Clearwater 

Hale 

Mereness 

Sears  ' 

Williams 

Clinton 

Heaton 

Nicoll  C 

Sharpe 

Winslow 

Cobb 

Johnson 

Nicoll  D 

Shipman 

Wood 

Cullinan 

Kirby 

Nixon 

Slevin 

Young  F  L 

Curran 

Landreth 

Nye 

Smith  A  E 

President 

Dennis 

Latson 

O'Brian  J  L 

Smith  E  N 

Mr.  Barnes  offered  for  the  consideration  of  the  Convention  a 
resolution  in  the  words  following: 

Resolved,  That  the  Committee  of  the  Whole  be  discharged 
from  the  further  consideration  of  Proposed  Amendment  No.  786, 
Int.  No.  701  entitled  "  Proposed  Constitutional  Amendment  to 
amend  article  three  of  the  Constitution,  relating  to  the  powers  of 
the  Legislature." 

which  was  agreed  to. 

Said  Proposed  Amendment  having  been  announced  on  motion 
of  Mr.  Barnes  the  same  was  amended  as  follows: 

Page  1,  line  7,  strike  out  the  words  "  for  materials  furnished  " 
and  insert  the  words  "  in  pursuance  of  a  judgment  or  for  prop- 
erty." 
Page  1,  line  10,  strike  out  the  word  "  minimum  ". 

Ordered  reprinted  and  recommitted  to  the  Committee  of  the 
Whole. 

The  Convention  again  resolved  itself  into  a  Committee  of  the 
Whole  and  resumed  the  consideration  of  said  special  order. 

After  some  time  spent  therein  the  President  resumed  the 
chair  and  Mr.  Austin  from  said  committee  reported  progress  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 


500 


JOURNAL  OF  THE 


On  motion  of  Mr.  Wickersham,  the  amendments  offered  to 
General  Orders  No.  50,  and  now  pending  in  the  Committee  of  the 
Whole  were  ordered  printed  for  the  use  of  the  members  when 
the  committee  resumes  its  session. 

Mr.  Barnes  offered  for  the  consideration  of  the  convention  a 
resolution  in  words  following: 

Resolved,  That  if  this  Convention  adopts  Proposed  Constitu- 
tional Amendment  Int.  No.  701  in  its  final  form,  such  proposed 
amendment  be  submitted  to  the  electors  at  the  general  election 
to  be  held  in  November,  1917. 

Said  resolution  giving  rise  to  debate,  ordered  that  the  same 
be  laid  upon  the  table. 

Mr.  Wickersham  moved  that  all  further  proceedings  under 
the  call  be  dispensed  with. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

The  hour  of  five  o'clock  and  thirty  minutes  p.  m.  having 
arrived,  the  President  declared  the  Convention  in  recess  until 
eight  o'clock  and  thirty  minutes  p.  m. 


EIGHT    O'CLOCK  AND    THIRTY   MINUTES   P.  M. 

The  Convention  again  convened. 

Mr.  Quigg  raised  the  point  of  order  that  there  was  not  a 
quorum  present. 

At  the  direction  of  the  President  the  Secretary  called  the  roll 
of  delegates  and  the  following  responded. 


Aiken 

Deyo 

Landreth 

Nixon 

Smith  E  N 

Allen  F  C 

Dick 

Latson 

O'Brian  J  L 

Smith  R  B 

Austin 

Donnelly 

Law 

Owen 

Standart 

Bannister 

Dunmore 

Leggett 

Parsons 

Steinbrink 

Barnes 

Fancher 

Lincoln 

Phillips  J  S 

Stimson 

Barrett 

Fobes 

Linde 

Phillips  S  K 

Tanner 

Bell 

Foley 

Low 

Potter 

Tierney 

Bern 

Franchot 

McLean 

Quigg 

Tuck 

Betts 

Gladding 

Mandeville 

Rhees 

Van  Ness 

Blauvelt 

Green 

Marshall 

Rodenbeck 

Wagner 

Bockes 

Greff 

Martin  F 

Sanders 

Weed 

Bunce 

Haffen 

Martin  L  M 

Sargent 

Westwood 

Byrne 

Hale 

Meigs 

Schurman 

White  C  J 

Clinton 

Heaton 

Mereness 

Sears 

Wickersham 

Cobb 

Hinman 

Nicoll  C 

Shipman 

Young  C  H 

Cullinan 

Johnson 

Nicoll  D 

Slevin 

President 

Curran 

Kirby 

On  motion  of  Mr. 

Wickersham,  the  Convention  j 

idiourned. 

CONSTITUTIONAL  CONVENTION  501 

SATURDAY,  AUGUST  14,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham},  the  journal  of  Thursday, 
August  12th,  was  approved. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order,  being 
"  Proposed  constitutional  amendment,  to  amend  Article  XII  of 
the  Constitution  generally,  in  relation  to  cities  and  villages  and 
their  powers  of  self-government "  (No.  781,  Int.  No.  712). 

After  some  time  spent  therein  the  President  resumed  the  chair, 
and  Mr.  Austin  from  said  committee  reported  progress,  and  asked 
leave  to  sit  again  on  said  special  order  at  its  next  session. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Wickersham,  the  amendments  offered  in  the 
Committee  of  the  Whole  to  special  Order  No.  50  were  ordered 
printed. 

Mr.  Deyo  was  excused  from  Monday  sessions. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


MONDAY,  AUGUST  16,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  Charles  Graves. 

On  motion  of  Mr.  Wickersham  the  journal  of  Friday,  August 
13th,  was  approved. 

Mr.  Stimson  offered  for  the  consideration  of  the  Convention  a 
resolution  in  the  words  following: 

Resolved,  That  the  Committee  on  Revision  and  Engrossment  be 
discharged  from  the  further  consideration  of  Proposed  Amend- 
ment (No.  802,  Int.  No.  709)  entitled  "  Proposed  Constitutional 
Amendment  to  amend  the  Constitution,  by  inserting  a  new  article, 
in  relation  to  the  budget,  and  to  amend  Section  21  of  Article  III 
of  the  Constitution." 

which  was  agreed  to. 


502  JOURNAL  OF  THE 

Said  proposed  amendment  having  been  announced,  on  motion  oi 
Mr.  Stimson  the  same  was  amended  as  follows : 

Page  4,  line  9,  after  the  word  "  year"  strike  out  "  for  "  and 
insert  "  next  succeeding  that  in  ". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.  Westwood  offered  for  the  consideration  of  the  Convention  a 
resolution  in  the  words  following: 

Resolved,  That  the  Committee  on  Revision  and  Engrossment 
be  discharged  from  the  further  consideration  of  Proposed  Amend- 
ment (No.  806,  Int.  No.  679)  entitled  "Proposed  Constitutional 
Amendment  to  amend  the  Constitution,  by  inserting  a  new  article, 
in  relation  to  taxation,  and  that  the  same  be  recommitted  to  the 
Committee  on  Taxation  with  instructions  to  report  the  same  forth 
with  amended  as  follows: 

Strike  out  all  of  Section  1  after  the  first  sentence  and  insert 
the  following: 

"  No  real  property  whatsoever,  except  that  of  the  United 
States,  shall  hereafter  be  exempt  from  taxation,  but  nothing  herein 
contained  shall  be  held  to  impair  the  validity  of  the  existing  con- 
tracts of  the  State." 

Said  resolution  giving  rise  to  debate,  ordered  that  the  same  be 
laid  upon  the  table. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order,  being  the 
Proposed  Constitutional  Amendment  to  amend  Article  XII  of 
the  Constitution  generally,  in  relation  to  cities  and  villages  and 
their  powers  of  self-government  (No.  781,  Int.  No.  712). 

After  some  time  spent  therein  the  hour  of  one  o'clock  p.  m. 
having  arrived  the  convention  took  a  recess  until  two  o'clock  and 
thirty  minutes  p.  m. 


TWO   O'CLOCK   AND  THIRTY  MINUTES   P.   M. 

The  Convention  again  convened  and  resolved  itself  into  a  Com- 
mittee of  the  Whole  and  resumed  consideration  of  the  Special 
Order  being  Proposed  Constitutional  Amendment  to  amend  Ar- 
ticle XII  of  the  Constitution  generally,  in  relation  to  cities  and 
villages  and  their  powers  of  self-government  (No.  781,  Int.  No. 
712). 


CONSTITUTIONAL  CONVENTION  503 

After  some  time  spent  therein,  the  President  resumed  the  chair 
and  Mr.  Austin  from  said  committee  reported  progress  and  recom- 
mended that  said  proposition  be  recommitted  to  the  Committee 
on  Cities,  together  with  all  amendments  offered,  with  instructions 
to  report  thereon  Thursday,  August  19th,  at  ten  o'clock  a.  m., 
which  report  was  agreed  to  and  said  proposition  recommitted  to 
the  Committee  on  Cities. 

On  motion  of  Mr.  Low  amendments  offered  in  the  Committee 
of  the  Whole  to  General  Order  No.  50  were  ordered  printed. 

On  motion  of  Mr.  Wickersham  the  convention  took  a  recess 
until  eight  o'clock  and  thirty  minutes  p.  m. 


EIGHT  O'CLOCK  AND  THIKTY  MINUTES  P.  M. 

The  Convention  again  convened. 

Mr.  J.  L.  O'Brian  from  the  Committee  on  Eules  presented 
the  following  report: 

The  Committee  on  Rules  recommends  the  adoption  of  the  fol- 
lowing : 

Resolved,  That  the  following  measures  be  made  special  orders 
and  considered  by  the  Convention  in  the  order  named : 

1.  General  Order  No.  61  (Judiciary)  following  General  Order 
No.  38  (Public  Utilities). 

2.  General  Order  No.  49  (Charities). 

3.  General  Order  No.  27  (Literacy  Test). 

4.  General  Order  No.  47  (Canals). 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution  and  it  was  determined  in  the 
affirmative. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Con- 
vention a  resolution  in  the  words  following: 

.Resolved,  That  500  additional  copies  of  the  report  of  the 
Judiciary  Committee  and  the  amended  Article  VI  reported  by 
it  (General  Orders  No.  61)  be  printed  for  the  use  of  the  Con- 
vention. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution  and  it  was  determined  in  the  affirmative. 


504  JOURNAL  OF  THE 

Mr.  Low  offered  for  the  consideration  of  the  Convention  a 
resolution  in  the  words  following: 

Resolved,  That  the  Committee  of  the  Whole  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  788,  Int. 
No.  713)  entitled  "  Proposed  Constitutional  Amendment  to 
amend  Section  10  of  Article  VIII  of  the  Constitution  by  dividing 
it  into  two  sections  to  be  known  respectively  as  Sections  10  and 
11,  by  amending  the  second  part  thereof,  and  by  adding  a  new 
section  to  be  known  as  Section  12." 

which  was  agreed  to. 

Said  proposed  amendment  having  been  announced,  on  motion 
of  Mr.  Low  the  same  was  amended  as  follows : 

Page  2,  line  4,  after  the  words  "  Section  11."  insert  the  follow- 
ing: 

"  No  county  or  city  shall  be  allowed  to  become  indebted  for  any 
purpose  or  in  any  manner  to  an  amount  which,  including  existing 
indebtedness,  shall  exceed  ten  per  centum  of  the  assessed  valua- 
tion of  the  real  estate  of  such  county  or  city  subject  to  taxation, 
as  it  appeared  by  the  assessment  rolls  of  said  county  or  city  on 
the  last  assessment  for  State  or  county  taxes  prior  to  the  incurring 
of  such  indebtedness ;  and  all  indebtedness  in  excess  of  such  lim- 
itation, except  such  as  now  may  exist,  shall  be  absolutely  void, 
except  as  herein  otherwise  provided." 

Page  2,  line  9,  strike  out  the  word  "  issuance  "  and  insert  in 
place  thereof  the  word  "  issuing  ". 

Page  3,  line  10,  strike  out  the  word  "  and  ",  and  insert  in  place 
thereof  the  word   "  any  ". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order  being  the 
Proposed  constitutional  amendment  to  amend  Article  III  of  the 
Constitution,  relating  to  the  powers  of  the  Legislature  (No.  808, 
Int.  No.  701). 

After  some  time  spent  therein  the  President  resumed  the  chair 
and  Mr.  Phillips,  from  said  committee,  reported  progress  and 
asked  leave  to  sit  again  immediately. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Wickersham,  the  time  for  the  consideration  of 
the   special   order  being  proposed   constitutional   amendment   to 


CONSTITUTIONAL  CONVENTION  505 

amend  Article  III  of  the  Constitution,  relating  to  the  powers  of 
the  Legislature  (No.  808,  Int.  701)  was  extended  to  eleven  o'clock 
and  thirty  minutes  p.  m.  subject  to  the  same  limitations  of  debate 
heretofore  made. 

The  Convention  again  resolved  itself  into  a  Committee  of  the 
Whole  and  resumed  the  consideration  of  said  special  order. 

After  some  time  spent  therein,  the  President  resumed  the  Chair 
and  Mr.  Phillips  from  said  committee  reported  in  favor  of  striking 
out  the  enacting  clause  of  said  proposed  amendment. 

On  motion  of  Mr.  Barnes,  the  consideration  of  said  report  was 
postponed  until  Tuesday,  August  17th,  at  noon. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


TUESDAY,  AUGUST  17,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  G.  Carlile,  Troy. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Friday,  August 
13th,  was  approved. 

Mr.  Foley  presented  the  memorial  of  the  residents  of  the  Four- 
teenth Senatorial  District,  which  was  referred  to  the  Committee 
on  Civil  Service. 

Mr.  Lincoln  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  words  following: 

Resolved,  That  the  Committee  on  Revision  and  Engrossment  be 
discharged  from  the  further  consideration  of  proposed  amendment 
(No.  804,  Int.  No.  711)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  four  of  article  II  of  the  Constitution,  in 
respect  to  the  enactment  of  election  and  registration  laws,  that  it 
be  amended  to  read  as  follows  and  as  so  amended  be  reprinted  and 
recommitted  to  the  Committee  on  Revision  and  Engrossment: 

"  §  4.  Laws  shall  be  made  '  for  the  regulation  of  elections  ' 
'  and  for  '  ascertaining [,]  no  proper  proofs [,]  the  [citizens]  estab- 
lished [,]  and  for  [the]  'their  annual'  registration  [of  voters;], 
which  [registration]  shall  be  completed  at  least  [ten]  '  fifteen  * 
days  before  each  t  general  election.'     Such  registration  shall  not 


506 


JOUKNAL  OF  THE 


be  required  for  town  and  village  elections  except  by  express  pro- 
vision of  law.  In  cities  and  villages  having  five  thousand  in- 
habitants or  more,  according  to  the  last  preceding  state  enumera- 
tion of  inhabitants,  [voters]  '  electors '  shall  be  registered  upon 
personal  application  only.  '  Laws  may  be  made  providing  for 
special  registration  therein  on  personal  application  before  such 
boards  of  officers  as  the  legislature  shall  designate,  on  a  day  or  days 
not  more  than  five  months  prior  to  the  day  of  election,  of  such 
electors  as  shall  then  declare  under  oath  that  they  are  engaged 
in  a  regular  vocation  or  occupation  which  will  occasion  their 
absence  from  the  county  during  each  of  the  regular  days  of  regis- 
tration. Such  laws  shall  require  electors  so  specially  registered  to 
establish,  on  the  first  regular  day  of  registration,  their  continued 
right  to  vote  in  the  election  district  for  which  they  were  registered 
but  shall  not  require  further  personal  appearance  ' [ ;  but  voters]. 
'  Electors  '  not  residing  in  such  cities  or  villages  shall  not  be  re- 
quired to  apply  in  person  for  registration  at  the  first  meeting  of 
the  officers  having  charge  of  the  registry  of  voters." 

Said  resolution  giving  rise  to  debate,  ordered  that  the  same 
be  laid  upon  the  table. 

On  motion  of  Mr.  Lincoln,  "  Proposed  constitutional  amend- 
ment to  amend  Section  four  of  Article  II  of  the  Constitution,  in 
respect  to  the  enactment  of  election  and  registration  laws  "  (No. 
804,  Int.  No.  711),  was  ordered  printed  to  conform  to  the  pro- 
posed amended  bill. 

Mr.  Westwood  moved  to  take  from  the  table  his  motion  to  dis- 
charge the  Committee  on  Revision  and  Engrossment  from  further 
consideration  of  "  Proposed  constitutional  amendment  to  amend 
the  Constitution,  by  inserting  a  new  article,  in  relation  to  taxa- 
tion "  (No.  806,  Int.  No.  679),  laid  upon  the  table  under  the  rule. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  to  take  from  the  table,  and  it  was  determined 
in  the  affirmative. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  negative. 


THOSE    WHO 

i    VOTED    IN 

THE    NEGATIVE 

Adams 

Dick 

Jones 

Nye 

Smith  T  F 

Ahearn 

Donnelly 

Kirby 

O'Brian  J  L 

Steinbrink 

Aiken 

Donovan 

Landreth 

O'Connor 

Stimson 

Allen  F  C 

Doughty 

Latson 

Olcott 

Stowell 

Angell 

Dow 

Law 

Parker 

Tierney 

Bannister 

Dunmore 

Leary 

Parmenter 

Tuck 

Bayes 

Dykman 

Leitner 

Parsons 

Unger 

Beach 

Eisner 

Lennox 

Pelletreau 

Van  Ness 

Bell 

Endres 

Linde 

Reeves 

Wadsworth 

CONSTITUTIONAL  CONVENTION 


507 


Berri 

Eppig 

Low 

Rhees 

Wagner 

Blauvelt 

Fobes 

McKean 

Rodenbeck 

Weber  R  E 

Brackett 

Foley 

McLean 

Ryder 

Weed 

Brenner 

Ford 

Mandeville 

Sargent 

White  C  J 

Burkan 

Green 

Marshall 

Saxe  M 

Wickersham 

Clearwater 

Greff 

Martin  F 

Sharpe 

Wiggins 

Clinton 

Griffin 

Martin  L  M 

Shipman 

Williams 

Coles 

Haffen 

Mathewson 

Slevin 

Winslow 

Cullman 

Hale 

Meigs 

Smith  A  E 

Young  C  H 

Curran 

Hinman 

Nicoll  C 

Smith  E  N 

Young  F  L 

Dennis 
Deyo 

Johnson 

Nicoll  D 

Smith  R  B 

President 

THOSE    WHO 

VOTED    IN    THE    AFFIRMATIVE 

Barnes 

Franchot 

Nixon 

Sears 

Westwood 

Barrett 

Leggett 

Quigg 

Standart 

Whipple 

Bockes 

Lincoln 

Sanders 

101 


13 


Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  proposed  constitutional  amend- 
ment, introduced  by  the  Committee  on  Education  (No.  801,  Int. 
No.  698),  entitled  "  Proposed  constitutional  amendment  to  amend 
Section  one  of  Article  IX  of  the  Constitution,  in  relation  to  the 
supervision  and  control  by  the  State  of  the  education  of  children," 
reports  the  same  as  examined  and  found  correctly  engrossed. 

Adolph  J.  Rodenbeck, 

Chairman. 


Which  report  was  accepted  and  said  proposed  amendment 
ordered  placed  on  the  third  reading  calendar. 

On  motion  of  Mr.  R.  B.  Smith,  the  report  of  the  Committee  on 
Revision  and  Engrossment  on  "  Proposed  constitutional  amend- 
ment to  amend  Section  twenty-eight  of  Article  III  of  the  Con- 
stitution, in  relation  to  the  granting  or  allowing  of  extra  compen- 
sation by  legislative  bodies  or  auditing  boards,  bodies  or  officers  " 
(No.  747,  Int.  No,  289),  was  taken  from  the  table  and  agreed  to 
and  said  proposition  ordered  engrossed  for  a  third  reading. 

On  motion  of  Mr.  Lindsay,  the  report  of  the  Committee  on 
Revision  and  Engrossment  on  "  Proposed  constitutional  amend- 
ment to  amend  Section  fifteen  of  Article  I  of  the  Constitution  of 
the  State  of  New  York,  in  relation  to  Indians  "  (No.  793,  Int. 
No.  707),  was  taken  from  the  table  and  agreed  to  and  said  propo- 
sition ordered  engrossed  for  a  third  reading. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order,  being  the 
"  Proposed  constitutional  amendment  to  amend  Article  V  of  the 


508 


JOURNAL  OF  THE 


Constitution  by  adding  a  new  section  thereto,  in  relation  to  public 
service  commissions."     (No.  767.) 

After  some  time  spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Steinbrink,  from  said  Committee,  reported 
progress  and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Barnes,  the  report  of  the  Committee  of  the 
Whole  on  "  Proposed  constitutional  amendment  to  amend  Article 
III  of  the  Constitution,  relating  to  the  powers  of  the  Legislature  " 
(No.  808,  Int.  No.  701),  was  taken  from  the  table. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report,  and  it  was  determined  in  the  affirmative,  and 
the  enacting  clause  of  said  proposition  ordered  stricken  out. 


THOSE   WHO    VOTED   IN    THE   AFFIRMATIVE 


Ahearn 

Aiken 

Allen  FC 

Angell 

Baldwin 

Bannister 

Barrett 

Bayes 

Beach 

Bell 

Bernstein 

Brackett 

Burkan 

Byrne 

Clinton 

Cobb 

Curran 

Dahm 

Daly 


Dennis 

Deyo 

Dick 

Donnelly 

Donovan 

Dow 

Dunlap 

Eisner 

Endres 

Eppig 

Fobes 

Foley 

Franchot 

Green 

Greff 

Griffin 

Haffen 

Harawitz 

Johnson 


Jones 

Kirk 

Landreth 

Leary 

Leitner 

Lincoln 

Lindsay 

Low 

McLean 

Mandeville 

Martin  F 

Martin  L  M 

Marshall 

Nicoll  C 

Nicoll  D 

Nixon 

O'Brian  J  L 

O'Brien  M  J 

O'Connor 


Parker 

Parmenter 

Parsons 

Pelletreau 

Phillips  S  K 

Reeves 

Rhees 

Sanders 

Saxe  M 

Schurman 

Sears 

Sharpe 

Shipman 

Slevin 

Smith  A  E 

Smith  E  N 

Smith  R  B 

Smith  T  F 


Stanchfield 

Standart 

Stimson 

Tuck 

Unger 

Van  Ness 

Wagner 

Ward 

Waterman 

Weed 

Westwood 

White  C  J 

Wickersham 

Wiggins 

Williams 

Winslow 

Young  F  L 

President 


93 


Adams 

Austin 

Barnes 

Berri 

Betts 

Blauvelt 

Bockes 

Brenner 

Bunce 


THOSE  WHO 

Buxbaum 

Clearwater 

Cullinan 

Doughty 

Dunmore 

Dykman 

Ford 

Hale 

Heaton 


VOTED  IN   THE   NEGATIVE 

Hinman 

Kirby 

Latson 

Law 

Leggett 

Lennox 

Linde 

McKean 

Mathewson 


Mereness 

Nye 

Olcott 

Potter 

Quigg 

Ryder 

Sargent 

Saxe  J  G 


Sheehan 

Steinbrink 

Stowell 

Tierney 

Vanderlyn 

Wadsworth 

Weber  R  E 

Whipple 

Young  C  H 


45 


On  motion  of  Mr.  E.  B.  Smith,  the  report  of  the  Committee 
on  Revision  and  Engrossment  on  "  Proposed  constitutional  amend- 
ment to  amend  Article  III  and  iSection  four  of  Article  IV  of  the 


CONSTITUTIONAL  CONVENTION  509 

Constitution,  in  relation  to  voluntary  sessions  of  the  Legislature 
and  the  Assembly  "  (No.  775,  Int.  No.  291),  was  taken  from  the 
table  and  agreed  to  and  said  proposition  ordered  engrossed  for  a 
third  reading. 

On  motion  of  Mr.  Wickersham,  the  Convention  took  a  recess 
until  two  o'clock  and  thirtv  minutes  p.  m. 


TWO    O'CLOCK   AND   THIRTY   MINUTES   P.    M, 

The  Convention  again  convened. 

Mr.  Westwood  offered  for  the  consideration  of  the  Convention 
a  resolution  in  the  words  following: 

Resolved,  That  the  Committee  on  Public  Utilities  be  discharged 
from  the  further  consideration  of  Proposed  amendment  (No.  491, 
Int.  No.  479)  entitled  "  Proposed  constitutional  amendment  to  add 
a  new  Section  to  Article  VII,  to  require  that  provision  be  made 
annually  for  the  up-keep  to  improve  highways." 

which  was  agreed  to. 

Said  Proposed  amendment  having  been  announced,  on  motion 
of  Mr.  Westwood  the  same  was  amended  as  follows : 

Page  1,  line  5,  after  the  word  "  until  "  insert  in  italics  "  re- 
pealed or  ".  Line  6,  strike  out  "  sum  ".  Line  7  strike  out  "  cient 
additional  "  and  the  word  "  adequate  ". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  resumed  the  consideration  of  the  Special  Order  being  Pro- 
posed constitutional  amendment  to  amend  Article  V  of  the  Con- 
stitution, by  adding  a  new  section  thereto  in  relation  to  public 
service  commissions  (No.  767). 

After  some  time  spent  therein,  the  President  resumed  the  Chair 
and  Mr.  Steinbrink  from  said  committee  reported  progress  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

Mr.  Deyo  offered  for  the  consideration  of  the  Convention  a  reso- 
lution in  the  words  following: 

Resolved,  That  the  Committee  on  Bill  of  Rights  be  discharged 
from  the  further  consideration  of  Proposed  amendment  (No.  394, 


510  JOURNAL  OF  THE 

Int.  No.  387)  entitled  "  Proposed  constitutional  amendment  to 
amend  Section  nine  of  Article  I  of  the  Constitution,  to  prevent 
gambling  in  stocks  and  commodities." 

which  was  agreed  to. 

Said  Proposed  amendment  having  been  announced,  on  motion 
of  Mr.  Deyo  the  same  was  amended  as  follows : 

By  striking  out  all  the  italicized  portion  and  adding  at  the  end 
of  line  3,  page  2,  the  following  words  in  italics : 

Any  contract  between  customer  and  broker  or  principal  and 
agent,  respecting  the  purchase  or  sale  upon  credit  or  margin  of 
corporate  stocks,  bonds  or  other  securities,  or  commodities,  where 
the  parties  thereto  intend  that  such  contract  shall  be  terminated, 
closed  or  settled  between  such  customer  and  broker  or  principal 
and  agent  upon  the  basis  of  the  public  market  quotations  of  prices 
for  such  securities  or  commodities,  is  hereby  declared  to  be  a 
gambling  contract  within  the  meaning  of  this  section. 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

Mr.  Rodenbeck  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  Proposed  constitutional  amend- 
ment to  amend  Section  six  of  Article  III  of  the  Constitution,  in 
relation  to  the  compensation  and  expenses  of  members  of  the 
Legislature. 

Also,  the  Proposed  constitutional  amendment,  introduced  by 
the  Committee  On  the  State  Finances,  Revenues  and  Expendi- 
tures (No.  784,  Int.  No.  705)  entitled  "  Proposed  constitutional 
amendment  to  amend  Sections  two,  four,  five,  eleven  and  twelve  of 
Article  VII  of  the  Constitution,  in  relation  to  debts  contracted  by 
the  State." 

Also,  the  Proposed  constitutional  amendment,  introduced  by  the 
Committee  On  the  State  Finances,  Revenues  and  Expenditures 
(No.  809,  Int.  No.  709)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  the  Constitution,  by  inserting  a  new  Article,  in  re- 
lation to  the  budget,  and  to  amend  Section  twenty-one  of  Article 
III  of  the  Constitution,"  reports  the  same  as  examined,  found  cor- 
rect and  correctly  engrossed. 

Adolph  J.  Rodenbeck, 

Chairman. 

Which  report  was  accepted  and  said  Proposed  amendments 
ordered  placed  on  the  third  reading  calendar. 


CONSTITUTIONAL  CONVENTION  511 

The  hour  of  five  o'clock  and  thirty  minutes  p.  m.  having  arrived 
the  President  declared  the  Convention  in  recess  until  eight  o'clock 
and  thirty  minutes  p.  m. 


EIGHT  O'CLOCK  AND  THIETY  MINUTES  P.  M. 

The  Convention  again  convened. 

Mr.  Lincoln  offered,  for  the  consideration  of  the  Convention  a 
resolution  in  the  words  following: 

Resolved,  That  the  Committee  on  Revision  and  Engrossment  be 
discharged  from  the  further  consideration  of  Proposed  amendment 
(No.  806,  Int.  No.  679)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  the  Constitution,  by  inserting  a  new  Article,  in  re- 
lation to  taxation." 

which  was  agreed  to. 

Said  Proposed  amendment  having  been  announced  on  motion 
of  Mr.  Lincoln  the  same  was  amended  as  follows : 

By  inserting  on  page  2,  line  15,  after  the  word  "  town  "  the  fol- 
lowing:   ",  except  a  city,". 

Ordered,  Reprinted  and  recommitted  to  sjrid  committee. 

Mr.  Rodenbeck  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  Proposed  constitutional  amend- 
ment, introduced  by  Mr.  R.  B.  Smith  (No.  800,  Int.  No,  289) 
entitled  "  Proposed  constitutional  amendment  to  amend  Section 
twenty-eight  of  Article  III  of  the  Constitution,  in  relation  to  the 
granting  or  allowing  of  extra  compensation  by  legislative  bodies 
or  auditing  boards,  bodies  or  officers." 

Also,  the  Proposed  constitutional  amendment,  introduced  by 
the  Committee  on  Relations  to  Indians  (No.  799,  Int.  No.  707) 
entitled  "  Proposed  constitutional  amendment  to  amend  Section 
fifteen  of  Article  1  of  the  Constitution  of  the  State  of  New  York, 
in  relation  to  Indians." 

Also  the  Proposed  constitutional  amendment,  introduced  by  Mr. 
R.  B.  Smith  (No.  798,  Int.  No.  291)  entitled  "  Proposed  constitu- 
tional  amendment  to   amend  Article   III   and   Section  four  of 


512  JOURNAL  OF  THE 

Article  IV  of  the  Constitution,  in  relation  to  voluntary  sessions 
of  the  Legislature  and  the  Assembly." 

Reports  the  same  as  examined,   found  correct  and  correctly 
engrossed. 

AdOLPH    J.    RoDENBECK, 

Chairman, 


which  report  was  accepted  and  said  proposed  amendment  ordered 
placed  on  the  third  reading  calendar. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  resumed  consideration  of  the  special  order,  being  "  Proposed 
constitutional  amendment  to  amend  Article  V  of  the  Constitution, 
by  adding  a  new  Section  thereto,  in  relation  to  public  service  com- 
missions "  (No.  767). 

After  some  time  spent  therein  the  President  resumed  the  Chair 
and  Mr.  Steinbrink  from  said  committee  reported  progress  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Hale  the  amendments  offered  in  the  Com- 
mittee of  the  Whole  to  General  Order  No.  38  were  ordered  printed. 

The  hour  of  ten  o'clock  and  thirty  minutes  p.  m.  having  ar- 
rived, the  President  declared  the  Convention  adjourned. 


WEDNESDAY,  AUGUST  18,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  John  Bulnes,  DeFreestville. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Monday,  August 
16th,  was  approved. 

The  President  presented  the  resolutions  of  the  Buffalo  Chamber 
of  Commerce,  which  were  referred  to  the  Committee  on  Canals. 

Mr.  Brackett  presented  the  communication  of  Hon.  E.  R. 
Brown,  which  was  referred  to  the  Committee  on  Governor  and 
Other  State  Officers. 


CONSTITUTIONAL  CONVENTION  .  513 

Mr.  Stimson,  from  the  Committee  on  .State  Finances  and  Ex- 
penditures, reported  by  proposed  amendment  entitled  "  Proposed 
constitutional  amendment  to  amend  Section  twenty  of  Article  III 
of  the  Constitution,  in  relation  to  the  appropriation  of  public 
moneys  for  constructive  purposes"  (Int.  No.  719),  which  was  read 
twice  and  said  committee  reported  in  favor  of  the  passage  of  the 
same. 

Which  report  was  agreed  to  and  said  proposed  amendment 
ordered  printed  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Stimson,  for  the  Committee  on  State  Finances,  Revenues 
and  Expenditures,  makes  the  following  report : 

Your  Committee  presents  herewith  a  bill  which  is  intended 
to  remedy  abuses  in  the  appropriations  of  public  moneys  for  local 
improvements. 

Section  twenty  of  Article  III  of  the  Constitution  adopted  in 
1821  was  probably  intended  to  apply  to  all  appropriations  made 
for  local  improvements.  The  courts,  however,  have  held  that 
such  acts  are  not  private  or  local  but  public,  "  inasmuch  as  the 
general  improvement  of  the  public  highways  of  the  State,  whether 
canals  or  rivers  that  are  navigable,  is  for  the  benefit  of  the  State 
at  large  though  some  locality  or  some  individuals  may  be  bene- 
fited more  than  others." 

Waterloo  Co.  vs.  Shanahan,  128  N.  Y.  345. 

The  power  of  making  such  improvements  in  the  interest  of  the 
State  at  large  is  clearly  one  which  must  be  retained  by  the  Legis- 
lature. The  problem  is  to  guard  against  its  abuse,  and  the  evi- 
dence that  it  is  constantly  abused  is  abundant.  The  debate  on 
the  budget  brought  out  numerous  specific  instances  of  bills  having 
been  passed  where  the  benefit  to  be  derived  by  the  State  from  the 
use  of  its  moneys  in  the  local  improvement  seemed  extremely 
slender. 

Your  Committee  further  finds  that  it  is  not  uncommon  for  an 
appropriation  to  be  made  and  an  undertaking  begun  without  the 
Legislature  having  in  its  possession  full  or  complete  plans  and 
estimates  of  the  cost  of  the  improvement.  Thereafter  when  it 
turns  out  that  the  improvement  will  cost  very  much  more  than 
the  original  appropriation,  the  fact  that  the  work  has  been  begun 
and  expenditures  already  incurred  is  made  a  reason  for  pro- 
ceeding with  a  work  which  might  never  have  been  undertaken 
had  the  Legislature  known  its  true  cost. 

Your  Committee  has  considered  carefully  the  various  possible 
33 


514  .  JOURNAL  OF  THE 

remedies  .to  check  the  evil.  The  methods  suggested  in  the  en- 
closed bill  were  adopted  as  a  regulation  by  the  Senate  Committee 
on  Finance  under  the  Chairmanship  of  Mr.  Higgins,  afterward 
Governor,  and  resulted  in  a  great  diminution  in  the  number  of 
bills.  Some  similar  methods  are  also  in  use  in  the  National 
Congress  in  dealing  with  river  and  harbor  appropriation.  The 
Congress  requires  the  Chief  of  Engineers  to  certify  before  under- 
taking a  given  improvement  that  the  river  in  question  is  worthy 
of  improvement  at  the  expense  of  the  Federal  Government  at 
that  time.  Your  Committee  believes  that  the  introduction  of  these 
methods  of  ordinary  business  prudence  and  foresight;  to  require 
the  preliminary  formulation  of  plans  and  estimates  and  the 
certificate  of  the  responsible  officer  at  the  head  of  the  department 
which  has  charge  of  State  construction,  will  do  far  more  towards 
checking  excessive  appropriations  of  this  kind  than  the  require- 
ment of  a  two-thirds  vote  in  the  Houses  of  the  Legislature. 

Your  Committee  finds  that  under  the  present  methods  of  the 
Legislature  it  is  very  easy  for  the  two-thirds  vote  to  be  recorded 
without  very  great  care  being  exercised  to  see  that  it  was  actually 
obtained  and  it  finds  further  that  popular  legislators  rarely  have 
any  difficulty  in  obtaining  a  two-thirds  vote,  irrespective  of  party 
lines.  It  therefore  believes  that  the  protection  suggested  in  the 
accompanying  bill  will  be  much  more  effective  in  obtaining  the 
desired  end  and  will  still  leave  the  Houses  of  the  Legislature 
under  the  control  of  the  majority  required  by  ordinary  parlia- 
mentary procedure. 

Very  respectfully  submitted, 

Henry  L.  Stimson, 

Chairman. 

Mr.  Marshall,  from  the  Committee  on  Bill  of  Rights,  reported 
by  proposed  amendment  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Article  I  of  the  Constitution  generally  and  to 
repeal  Section  one,  Article  VII  of  the  Constitution  and  to  amend 
Section  nine  of  Article  VIII  of  the  Constitution  "  (Int.  No. 
720),  which  was  read  twice  and  said  committee  reported  in  favor 
of  the  passage  of  the  same. 

Which  report  was  agreed  to  and  said  proposed  amendment 
ordered  printed  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Clinton,  from  the  Committee  on  Canals,  to  which  was  re- 
ferred proposed  amendment  introduced  by  Mr.  Cullinan  (No. 
590,  Int.  No.  575),  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  ten  of  Article  I  of  the  Constitution,  in 


CONSTITUTIONAL  CONVENTION 


515 


respect  to  the  ownership  by  the  State  of  all  waters  within  ita 
jurisdiction,"  reported  in  favor  of  the  passage  of  the  same,  with 
the  following  amendments: 

Page  1,  line  9,  strike  out  all  after  the  words  "  jurisdiction  of 
the  State." 

Strike  out  all  of  line  10,  on  page  1,  and  the  three  lines  on 
page  2. 

which  report  was  agreed  to,  and  said  proposition  ordered  reprinted 
as  amended,  and  referred  to  the  Committee  of  the  Whole. 

Proposed  amendment  (No.  746,  Int.  No.  78),  entitled  "Pro- 
posed constitutional  amendment  to  amend  Section  fifteen  of  Article 
III  of  the  Constitution,  relative  to  the  passage  of  bills  by  the 
Legislature,  by  striking  out  the  authorization  for  the  passage  of 
bills  under  emergency  messages  from  the  Governor,"  was  read 
the  third  time  and  passed,  a  majority  of  the  delegates  elected  to 
the  Convention  voting  in  favor  thereof. 


THOSE   WHO   VOTED   IN"    THE   AFFIRMATIVE: 


Adams 

Donnelly 

Leggett 

Parker 

Standart 

Aiken 

Doughty 

Leitner 

Parmenter 

Steinbrink 

Allen  F  C 

Dow 

Lennox 

Parsons 

Stimson 

Austin 

Drummond 

Lincoln 

Pelletreau 

Stowell 

Baldwin 

Dunmore 

Linde 

Phillips  J  S 

Tierney 

Bannister 

Dykman 

Lindsay 

Phillips  S  K 

Tuck 

Barrett 

Endres 

Low 

Potter 

Vanderlyn 

Bayes 

Eppig 

Mandeville 

Reeves 

Van  Ness 

Bell 

Fobes 

Martin  F 

Rhees 

Wadsworth 

Berri 

Foley 

Martin  L  M 

Rodenbeck 

Wagner 

Betts 

Ford 

Marshall 

Ryan 

Ward 

Blauvelt 

Gladding 

Mathewson 

Ryder 

Waterman 

Brackett 

Green 

Mealy 

Sanders 

Weber  R  E 

Brenner 

Greff 

Meigs 

Sargent 

Weed 

Burkan 

Griffin 

Mereness 

Saxe  J  G 

Westwood 

Buxbaum 

Haffen 

Newburger 

Saxe  M 

Wheeler 

Clearwater 

Hale 

Nicoll  C 

Schoonhut 

Whipple 

Clinton 

Heaton 

Nicoll  D 

Schurman 

White  C  J 

Cobb 

Hinman 

Nixon 

Sears 

Wickersham 

Cullinan 

Johnson 

Nye 

Sharpe 

Williams 

Curran 

Jones 

O'Brian  J  L 

Sheehan 

Winslow 

Dahm 

Kirby 

O'Brien  M  J 

Shipman 

Wood 

Daly 

Landreth 

O'Connor 

Smith  A  E 

Young  C  H 

Dennis 

Latson 

Olcott 

Smith  E  N 

Young  F  L 

Deyo 

Law 

Ostrander 

Stanchfield 

President 

Dick 

Leary 

127 


Proposed  amendment  (No.  801,  Int.  No.  698)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Section  one  of  Article 
IX  of  the  Constitution,  in  relation  to  the  supervision  and  control 
by  the  State  of  the  education  of  children,"  having  been  announced, 


516 


JOURNAL  OF  THE 


Mr.  Shipman  moved  that  said  bill  be  recommitted  to  the  Com- 
mittee on  Education  with  instruction  to  report  the  same  forthwith 
amended  as  follows :   • 

Page  1,  line  4,  after  the  word  "  the  "  insert  "  secular  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Mr.  Schurman,  from  the  Committee  on  Education,  reported 
said  proposition  amended  as  directed,  and  the  same  was  ordered 
reprinted  and  restored  to  the  order  of  third  reading. 

Proposed  amendment  (No.  761,  Int.  No.  531)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Section  four  of  Article 
XI  of  the  Constitution,  in  relation  to  the  appointment  of  military 
officers  by  the  Governor/'  was  read  the  third  time  and  passed, 
a  majority  of  the  delegates  elected  to  the  Convention  voting  in 
favor  thereof. 


THOSE   WHO   VOTED   IN    THE   AFFIRMATIVE 


Adams 

Deyo 

Latson 

Ostrander 

Stanchfield 

Ahearn 

Dick 

Law 

Owen 

Standart 

Aiken 

Donnelly 

Leary 

Parker 

Steinbrink 

Allen  F  C 

Doughty 

Leggett 

Parmenter 

Stimson 

Austin 

Dow 

Leitner 

Parsons 

Stowell 

Baldwin 

Drummond 

Lennox 

Pelletreau 

Tierney 

Bannister 

Dunmore 

Lincoln 

Phillips  J  S 

Tuck 

Barnes 

Dykman 

Linde 

Phillips  S  K 

Unger 

Barrett 

Eisner 

Lindsay 

Potter 

Vanderlyn 

Bayes 

Endres 

Low 

Reeves 

Van  Ness 

Bell 

Eppig 

McKean 

Rhees 

Wadsworth 

Berri 

Fobes 

Mandeville 

Rodenbeck 

Wagner 

Betts 

Foley 

Martin  F 

Rosch 

Ward 

Brenner 

Ford 

Martin  L  M 

Ryan 

Waterman 

Bunce 

Gladding 

Marshall 

Ryder 

Weber  R  E 

Burkan 

Green 

Mathewson 

Sanders 

Weed 

Buxbaum 

Greff 

Mealy 

Sargent 

Westwood 

Byrne 

Griffin 

Meigs 

Saxe  J  G 

Wheeler 

Clearwater 

Haffen 

Mereness 

Schoonhut 

Whipple 

Clinton 

Hale 

Newburger 

Schurman 

White  C  J 

Cobb 

Harawitz 

Nicoll  D 

Sears 

Wickersham 

Coles 

Heaton 

Nixon 

Sharpe 

Williams 

Cullinan 

Hinman 

Nye 

Sheehan 

Winslow 

Curran 

Johnson 

O'Brian  J  L 

Shipman 

Wood 

Dahm 

Jones 

O'Brien  M  J 

Slevin 

Young  C  H 

Daly 

Kirby 

O'Connor 

Smith  A  E 

Young  F  L 

Dennis 

Landreth 

Olcott 

Smith  E  N 

President 

135 


Proposed  amendment  (No.  794,  Int.  No.  534)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Section  five  of  Article 
XI  of  the  Constitution,  in  relation  to  the  manner  of  election  of 
military  officers  prescribed  by  Legislature,"  was  read  the  third 


CONSTITUTIONAL  CONVENTION 


517 


time  and  passed,  a  majority  of  the  delegates  elected  to  the  Con- 


vention voting  in  favor  thereof. 


THOSE   WHO   VOTED   IN    THE   AFFIRMATIVE! 


Adams 

Donnelly 

Latson 

Ostrander 

Stanchfield 

Ahearn 

Doughty 

Law 

Owen 

Standart 

Aiken 

Dow 

Leary 

Parker 

Steinbrink 

Allen  F  C 

Drummond 

Leggett 

Parsons 

Stimson 

Austin 

Dunlap 

Leitner 

Pelletreau 

Stowell 

Baldwin 

Dunmore 

Lennox 

Phillips  J  S 

Tierney 

Barrett 

Dykman 

Lincoln 

Phillips  S  K 

Tuck 

Bayes 

Eisner 

Linde 

Potter     • 

Unger 

Bell 

Endres 

Low 

Reeves 

Vanderlyn 

Bernstein 

Eppig 

McKean 

Pthees 

Wadsworth 

Berri 

Fobes 

Mandeville 

Rodenbeck 

Wagner 

Betts 

Ford 

Martin  F 

Rosch 

Ward 

Brenner 

Gladding 

Marshall 

Ryan 

Waterman 

Bunce 

Green 

Mathewson 

Ryder 

Weber  R  E 

Burkan 

Greff 

Mealy 

Sargent 

Weed 

Buxbaum 

Griffin 

Meigs  " 

Saxe  J  G 

Westwood 

Byrne 

Haffen 

Mereness 

Schoonhut 

Wheeler 

Clearwater 

Hale 

Newburger 

Schurman 

Whipple 

Cobb 

Harawitz 

Nicoll  D 

Sears 

Wickersham 

Coles 

Heaton 

Nixon 

Sharpe 

Williams 

Cullinan 

Johnson 

Nye 

Sheehan 

Wood 

Dahm 

Jones 

O'Brian  J  L 

Shipman 

Young  C  H 

Daly 

Kirby 

O'Brien  M  J 

Slevin 

Young  F  L 

Dennis 

Kirk 

O'Connor 

Smith  A  E 

President 

Dick 

Landreth 

Olcott 

Smith  E  N 

124 

Proposed  amendment  (No.  764,  Int.  No.  535)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Section  six  of  Article 
XI  of  the  Constitution,  in  relation  to  the  removal  of  commis- 
sioned officers  for  absence  without  leave,"  was  read  the  third  time 
and  passed,  a  majority  of  the  delegates  elected  to  the  Convention 
voting  in  favor  thereof. 


THOSE   WHO   VOTED   IN    THE   AFFIRMATIVE! 


Adams 

Dow 

Leggett 

Parker 

Steinbrink 

Austin 

Drummond 

Leitner 

Parsons 

Stimson 

Baldwin 

Dunlap 

Lennox 

Pelletreau 

Stowell 

Bannister 

Dunmore 

Lincoln 

Phillips  J  S 

Tierney 

Barrett 

Dykman 

Linde 

Phillips  S  K 

Tuck 

Bayes 

Eisner 

'   Lindsay 

Potter 

Unger 

Bell 

Endres 

Low 

Reeves 

Vanderlyn 

Bernstein 

Eppig 

McKean 

Rhees 

Van  Ness 

Berri 

Fobes 

Mandeville 

Rodenbeck 

Wadsworth 

Betts 

Ford 

Martin  F 

Rosch 

Wagner 

Brenner 

Franchot 

Martin  L  M 

Ryan 

Ward 

Bunce 

Gladding 

Marshall 

Ryder 

Waterman 

Burkan 

Greff 

Mathewson 

Sanders 

Weber  R  E 

Buxbaum 

Griffin 

Mealy 

Sargent 

Weed 

Byrne 

Haffen 

Meigs 

Saxe  J  G 

Westwood 

Cobb 

Hale 

Mereness 

Schoonhut 

Wheeler 

Coles 

Harawitz 

Newburger 

Schurman 

Whipple 

Cullinan 

Heaton 

Nicoll  D 

Sears 

White  C  J 

518 


JOURNAL  OF  THE 


Curran 

Johnson 

Nixon 

Sharpe 

Wickersham 

Dahm 

Jones 

Nye 

Sheehan 

Williams 

Daly 

Kirby 

O'Brian  J  L 

Shipman 

Winslow 

Dennis 

Kirk 

O'Brien  M  J 

Slevin 

Wood 

Deyo 

Landreth 

O'Connor 

Smith  A  E 

Young  C  H 

Dick 

Latson 

Olcott 

Smith  E  N 

Young  F  L 

Donnelly 

Law 

Ostrander 

Stanchfield 

President 

Doughty 

Leary 

Owen 

Standart 

129 

Proposed  amendment  (No.  741,  Int.  No.  697)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Section  six  of  Article 
III  of  the  Constitution,  in  relation  to  the  compensation  and 
expenses  of  members  of  the  Legislature/'  having  been  announced, 

Mr.  Wickersham  moved  to  recommit  said  proposed  amendment 
to  the  Committee  of  the  Whole. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Proposed  amendment  (No.  784,  Int.  No.  705)  entitled  "Pro- 
posed constitutional  amendment  to  amend  Section  two,  four,  five, 
eleven  and  twelve  of  Article  VII  of  the  Constitution,  in  relation 
to  debts  contracted  by  the  State,"  was  read  the  third  time  and 
passed,  a  majority  of  the  delegates  elected  to  the  Convention 
voting  in  favor  thereof. 


THOSE   WHO    VOTED    IN    THE   AFFIRMATIVE  I 


Adams 

Dennis 

Jones 

Olcott 

Smith  E  N 

Ahearn 

Deyo 

Kirby 

Ostrander 

Smith  R  B 

Aiken 

Dick 

Landreth 

Owen 

Stanchfield 

Allen  F  C 

Donnelly 

Latson 

Parker 

Standart 

Austin 

Donovan 

Law 

Parmenter 

Steinbrink 

Bannister 

Dooling 

Leary 

Parsons 

Stimson 

Barnes 

Doughty 

Leggett 

Pelletreau 

Stowell 

Barrett 

Dow 

Leitner 

Phillips  J  S 

Tierney 

Bayes 

Drummond 

Lennox 

Phillips  S  K 

Tuck 

Beach 

Dunlap 

Lincoln 

Potter 

Unger 

Bell 

Dunmore 

Linde 

Reeves 

Vanderlyn 

Bernstein 

Dykman 

Lindsay 

Rhees 

Van  Ness 

Bern 

Eisner 

Low 

Rodenbeck 

Wadsworth 

Betts 

Endres 

McKean 

Rosch 

Wagner 

Blauvelt 

Eppig 

Mandeville 

Ryan 

Ward 

Bockes 

Fobes 

Martin  F 

Ryder 

Waterman 

Brenner 

Foley 

Martin  L  M 

Sanders 

Weber  R  E 

Bunce 

Ford 

Marshall 

Sargent 

Weed 

Burkan 

Franchot 

Mathewson 

Saxe  J  G 

Westwood 

Buxbaum 

Gladding 

Mealy 

Saxe  M 

Wheeler 

Byrne 

Green 

Meigs 

Schoonhut 

Whipple 

Clearwater 

Greff 

Mereness 

Schurman 

White  C  J 

Clinton 

Griffin 

Newburger 

Sears 

Wickersham 

Cobb 

Haffen 

Nicoll  D 

Sharpe 

Winslow 

Coles 

Hale 

Nixon 

Sheehan 

Wood 

Cullinan 

Harawitz 

Nye 

Shipman 

Young  C  H 

Curran 

Heaton 

O'Brian  J  L 

Slevin 

Young  F  L 

Dahm 

Hinman 

O'Brien  M  J 

Smith  A  E 

President 

Daly 

Johnson 

142 


CONSTITUTIONAL  CONVENTION 


519 


Proposed  amendment  (No.  809,  Int.  No.  709)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  the  Constitution,  by 
inserting  a  new  article,  in  relation  to  the  budget,  and  to  amend 
Section  twenty-one  of  Article  III  of  the  Constitution,"  having 
been  announced, 

Mr.  Wagner  moved  to  recommit  said  proposed  amendment  to 
the  Committee  on  State  Finances  and  Expenditures. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

The  hour  of  one  o'clock  p.  m.  having  arrived,  Mr.  President 
declared  the  Convention  in  recess  until  two  o'clock  and  thirty 
minutes  p.  m. 


TWO  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened  and  resumed  the  third  reading 
calendar. 

Proposed  amendment  (No.  809,  Int.  No.  709)  was  then  read' 
the  third  time  and  passed,  a  majority  of  the  delegates  elected  to 
the  Convention  voting  in  favor  thereof. 


THOSE   WHO    VOTED   IN   THE   AFFIRMATIVE: 


Adams 

Daly 

Landreth 

Owen 

Smith  R  B 

Ahearn 

Dennis 

Latson 

Parker 

Stanchfield 

Aiken 

Deyo 

Law 

Parmenter 

Steinbrink 

Allen  F  C 

Dick 

Leary 

Parsons 

Stirhson 

Austin 

Donnelly 

Leggett 

Phillips  J  S 

Stowell 

Baldwin 

Doughty 

Lennox 

Phillips  S  K 

Tierney 

Bannister 

Dow 

Lincoln 

Potter 

Tuck 

Barnes 

Drummond 

Linde 

Quigg 

Unger 

Barrett 

Dunlap 

Lindsay 

Reeves 

Vanderlyn 

Bayes 

Dunmore 

Low 

Rhees 

Van  Ness 

Beach 

Dykman 

McKean 

Rodenbeck 

Wadsworth 

Bell 

Eisner 

Mandeville 

Rosch 

Wagner 

Bernstein 

Eppig 

Marshall 

Ryan 

Ward 

Berri 

Fobes 

Martin  F 

Ryder 

Waterman 

Betts 

Foley 

Martin  L  M 

Sanders 

Weber  R  E 

Bockes 

Ford 

Mathewson 

Sargent 

Weed 

Brenner 

Gladding 

Mealy 

Saxe  J  G 

Westwood 

Bunce 

Green 

Meigs 

Saxe  M 

Wheeler 

Burkan 

Greff 

Newburger 

Schoonhut 

•Whipple 

Buxbaum 

Griffin 

Nicoll  C 

Schurman 

White  C  J 

Byrne 

Haffen 

Nicoll  D 

Sears 

Wickersham 

Clearwater 

Hale 

Nixon 

Sharpe 

Williams 

Clinton 

Heaton 

Nye 

Sheehan 

Winslow 

Cobb 

Hinman 

O'Brian  J  L 

Shipman 

Wood 

520 


JOUKNAL  OF  THE 


Coles 

Johnson 

O'Brien  M  J 

Slevin 

Young  C  H 

Cullinan 

Kirby' 

O'Connor 

Smith  A  E 

Young  F  L 

Curran 

Kirk 

Olcott 

Smith  E  N 

President 

Dahm 

137 


Brackett 


THOSE  WHO  VOTED  IN  THE  NEGATIVE 
Pooling  Endres  Ostrander 


Proposed  amendment  (No.  800,  Int.  No.  289)  entitled  "Pro- 
posed Constitutional  Amendment  to  amend  Section  twenty-eight 
of  Article  III  of  the  Constitution,  in  relation  to  the  granting  or 
allowing  of  extra  compensation  by  legislative  bodies  or  auditing 
boards,  bodies  or  officers,"  was  read  the  third  time  and  passed,  a 
majority  of  the  delegates  elected  to  the  Convention  voting  in 
favor  thereof. 

THOSE   WHO    VOTED   IN   THE   AFFIRMATIVE  I 


Adams 

Deyo 

Kirk 

Olcott 

Stanchfield 

Ahearn 

Dick 

Landreth 

Owen 

Steinbrink 

Aiken 

Donnelly 

Latson 

Parker 

Stimson 

Baldwin 

Donovan 

Law 

Parmenter 

Stowell 

Bannister 

Doughty 

Leary 

Parsons 

Tierney 

Barrett 

Dow 

Leggett 

Phillips  J  S 

Tuck 

Bayes 

Drummond 

Lennox 

Phillips  S  K 

Unger 

Beach 

Dunlap 

Lincoln 

Quigg 

Vanderlyn 

Bell 

Dunmore 

Linde 

Reeves 

Van  Ness 

Bernstein 

Dykman 

Lindsay 

Rhees 

Wadsworth 

Berri 

Eisner 

Low 

Rodenbeck 

Wagner 

Betts 

Endres 

McKean 

Rosch 

Ward 

Bockes 

Eppig 

Mandeville 

Ryan 

Waterman 

Brackett 

Fobes 

Martin  F 

Ryder 

Weber  R  E 

Bunce 

Foley 

Martin  L  M 

Sanders 

Weed 

Burkan 

Ford 

Marshall 

Sargent 

Westwood 

Buxbaum 

Gladding 

Mathewson 

Saxe  J  G 

Wheeler 

Byrne 

Green 

Mealy 

Saxe  M 

Whipple 

Clearwater 

Greff 

Meigs 

Schoonhut 

White  C  J 

Clinton 

Griffin 

Mereness 

Schurman 

Wickersham 

Cobb 

Haffen 

Newburger 

Sears 

Williams 

Coles 

Hale 

Nicoll  D 

Sharpe 

Winslow 

Cullinan 

Heaton 

Nixon 

Shipman 

Wood 

Curran 

Hinman 

O'Brian  J  L 

Slevin 

Young  C  H 

Dahm 

Johnson 

O'Brien  M  J 

Smith  E  N 

Young  F  L 

Daly 

Jones 

O'Connor 

Smith  R  B 

President 

Dennis 

Kirby 

132 


Austin 


THOSE  WHO  VOTED  IN  THE  NEGATIVE 
Dooling  Ostrander  Potter 


4 

Proposed  amendment  (No.  799,  Int.  No.  707)  entitled,  "  Pro- 
posed Constitutional  Amendment  to  amend  Section  fifteen  of 
Article  I  of  the  Constitution  of  the  State  of  New  York,  in  rela- 
tion to  Indians,"  was  read  the  third  time  and  passed,  a  majority 
of  the  delegates  elected  to  the  Convention  voting  in  favor  thereof. 


CONSTITUTIONAL  CONVENTION 


521 


THOSE   WHO    VOTED   IN   THE   AFFIRMATIVE 


Adams 

Deyo 

Landreth 

Owen 

Steinbrink 

Aiken 

Dick 

Latson 

Parker 

Stimson 

Allen  F  C 

Donnelly 

Law 

Parmenter 

Stowell 

Austin 

Donovan 

Leggett 

Parsons 

Tierney 

Baldwin 

Dooling 

Lennox 

Phillips  S  K 

Tuck 

Bannister 

Doughty 

Lincoln 

Potter 

Unger 

Barrett 

Dow 

Linde 

Quigg 

Vanderlyn 

Bayes 

Drummond 

Lindsay 

Reeves 

Van  Ness 

Beach 

Dunmore 

Low 

Rhees 

Wadsworth 

Bell 

Dykman 

McKean 

Rodenbeck 

Wagner 

Bernstein 

Eisner 

Mandeville 

Rosch 

Ward 

Berri 

Endres 

Marshall 

Ryan 

Waterman 

Bockes 

Eppig 

Martin  F 

Ryder 

Weber  R  E 

Brenner 

Fobes 

Martin  L  M 

Sanders 

Weed 

Bunce 

Foley 

Mathewson 

Sargent 

Westwood 

Burkan 

Ford 

Mealy 

Saxe  M 

Wheeler 

Buxbaum 

Gladding 

Meigs 

Schoonhut 

Whipple 

Byrne 

Greff 

Mereness 

Schurman 

White  C  J 

Clearwater 

Haffen 

Newburger 

Sears 

Wickersham 

Clinton 

Hale 

Nicoll  D 

Sharpe 

Williams 

Cobb 

Heaton 

Nixon 

Sheehan 

Winslow 

Coles 

Hinman 

Nye 

Shipman 

Wood 

Cullinan 

Johnson 

O'Brian  J  L 

Slevin 

Young  C  H 

Curran 

Jones 

O'Brien  M  J 

Smith  E  N 

Young  F  L 

Dahm 

Kirby 

Olcott 

Smith  R  B 

President 

Daly 

Kirk 

Ostrander 

Stanchfield 

Dennis 

130 


Proposed  amendment  (No.  798,  Int.  No.  291)  entitled,  "  Pro- 
posed Constitutional  Amendment  to  amend  Article  III  and  Sec- 
tion four  of  Article  IV  of  the  Constitution,  in  relation  to  volun- 
tary sessions  of  the  Legislature  and  the  Assembly, "  having  been 
announced,  debate  was  had. 

Mr.  Marshall  moved  to  recommit  said  Proposed  Amendment  to 
the  Committee  of  the  Whole  with  instructions  to  report  forthwith, 
amended  as  follows : 

Moved  to  strike  out  from  line  5,  page  1,  the  words  "  continuing 
joint  rule"  and  substitute .  "  law  "  and  strike  out  from  line  1, 
page  2,  the  word  "  continuing  rule  "  and  insert  in  place  thereof 
the  word  "  law  ". 

Mr.  Clinton  moved  to  amend  Mr.  Marshall's  motion  by  striking 
out  the  instructions  therein  contained  and  inserting  the  following : 

Page  1,  line  5,  strike  out  word  "  continuing  "  and  insert  after 
the  word  "rule"  the  following:  "which  shall  continue  in  force 
until  abrogated  or  amended  by  both  the  senate  and  the  assembly  ". 

Page  2,  line  1,  strike  out  word  "  continuing  "  and  insert  after 
the  word  "  rule"  the  following:  "which  shall  continue  in  force 
until  abrogated  or  amended  by  the  assembly  ". 


522  JOURNAL  OF  THE 

Mr.  Sheehan  moved  to  further  amend  Mr.  Marshall's  motion  by 
adding  thereto  the  following  instructions : 

Page  2,  strike  out  all  the  italicized  matter  and  brackets  in 
lines  9  and  10. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  of  Mr.  Sheehan  and  it  was  determined  in  the 
negative. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  of  Mr.  Clinton  and  it  was  determined  in  the 
affirmative. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  of  Mr.  Marshall,  as  amended,  and  it  was  de- 
termined in  the  affirmative. 

Said  Proposed  amendment  was  thereupon  reported  amended  as 
directed. 

Mr.  Sheehan  moved  to  recommit  said  Proposed  amendment  to 
the  Committee  of  the  Whole  with  instructions  to  report  forthwith, 
amended  as  follows: 

Restore  section  4  to  the  form  of  the  present  Constitution  by 
striking  out  all  the  italicized  matter  in  lines  9  and  10  and  the 
brackets  in  line  10. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Said  Proposed  amendment  was  thereupon  reported  amended  as 
directed,  ordered  reprinted  and  restored  to  the  order  of  third 
reading. 

Mr.  Rodenbeck  from  the  Committee  on  Revision  and  Engross- 
ment to  which  was  referred  the  Proposed  Constitutional  Amend- 
ment, introduced  by  the  Committee  on  Taxation,  (Xo.  812,  Int. 
No.  679)  entitled,  "Proposed  Constitutional  Amendment  to  amend 
the  Constitution,  by  inserting  a  new  article,  in  relation  to  taxa- 
tion," reports  the  same  as  examined,  found  correct  and  correctly 
engrossed. 

AdOLPII    J.    RoDEXBECK, 

Chairman. 

which  report  was  accepted  and  said  Proposed  amendment  ordered 
placed  on  the  third  reading  calendar. 


CONSTITUTIONAL  CONVENTION  523 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
for  the  consideration  of  the  special  order  being  Proposed  Con- 
stitutional Amendment  to  amend  Article  V  of  the  Constitution, 
by  adding  a  new  Section  thereto,  in  relation  to  Public  Service 
Commissions.    (No.  767). 

Aifter  some  time  spent  therein  the  President  resumed  the 
Chair. 

Mr.  Steinbrink  from  said  committee  reported  progress  and 
recommended  that  the  proposed  amendment,  General  Orders  No. 
38,  be  recommitted  to  the  Committee  on  Public  Utilities  together 
with  all  proposed  amendments  and  substitutes,  with  instruction  to 
report  back  on  Friday  morning,  August  20th,  at  10  o'clock. 

which  report  was  agreed  to  and  said  Proposed  amendment  re- 
committed to  the  Committee  on  Public  Utilities  with  instructions 
to  report  upon  the  same  Friday,  August  20th,  at  ten  o'clock  a.  m. 

On  motion  of  Mr.  Unger,  and  by  unanimous  consent  the  fact 
that  he  would  if  present  have  voted  in  the  affirmative  on  the 
passage  of  Proposed  Amendment  No.  746,  Int.  No.  78,  was 
ordered  entered  upon  the  journal. 

On  motion  of  Mr.  Wickersham  the  Convention  took  a  recess 
until  eight  o'clock  and  thirty  minutes  p.  m. 


EIGHT  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened  and  resolved  itself  into  a  Com- 
mittee of  the  Whole,  and  proceeded  to  the  consideration  of  special 
order  being  Proposed  constitutional  amendment  to  amend  Article 
6  of  the  constitution  generally.     (No.  807,  Int.  No.  718). 

After  some  time  spent  therein  the  President  resumed  the  chair, 
and  Mr.  Wagner  from  said  committee  reported  progress  and  asked 
leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

The  hour  of  ten  o'clock  and  thirty  minutes  p.  iff.  having  arrived, 
the  President  declared  the  Convention  adjourned. 


524  JOURNAL  OF  THE 


THURSDAY,  AUGUST  19,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  Walter  T.  Bazaar. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Tuesday,  August 
17th,  was  approved. 

Mr.  Mereness  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Revision  and  Engrossment  be 
discharged  from  further  consideration  of  Proposed  amend- 
ment (No.  789,  Int.  No.  708)  entitled  "  Proposed  constitutional 
amendment  to  insert  in  the  Constitution  a  new  article  in  relation 
to  the  Constitution  (sic)  of  Natural  Resources ;"  that  said  article 
be  amended  as  follows : 

Insert  at  the  end  of  section  2  in  italics :  "  The  Department 
may  authorize  the  sale  by  the  State  of  land  owned  by  it,  not  forest 
lands,  and  not  within  or  contiguous  to  a  State  park ;  and  excepting 
the  island  in  and  lands  adjacent  to  Lake  George.  The  proceeds 
of  such  sales  shall  be  used  for  the  purchase  of  land  within  the 
State  parks." 

And  as  so  amended  that  the  same  be  printed  and  recommitted 
to  the  Committee  on  Revision  and  Engrossment. 

Said  resolution  giving  rise  to  debate,  ordered  that  the  same  be 
laid  upon  the  table. 

Mr.  Schurman  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following : 

Resolved,  That  the  Committee  on  Revision  and  Engrossment  be 
discharged  from  the  further  consideration  of  proposed  amendment 
(No.  818,  Int.  No.  698)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  one  of  Article  IX  of  the  Constitution,  in 
relation  to  the  supervision  and  control  by  the  State  of  the  educa- 
tion of  children." 

which  was  agreed  to. 

Said  proposed  amendment  having  been  announced,  Mr.  Schur- 
man moved  that  said  bill  be  recommitted  to  the  Committee  on 
Education  with  instructions  to  report  the  same  forthwith  amended 
as  follows : 

On  page  1,  line  4,  strike  out  the  words  "  secular  education  of 


CONSTITUTIONAL  CONVENTION  525 

children  as  a  State  function  "  and  insert  in  place  thereof  in  italics 
the  following:  "  education  of  children  in  its  free  common  schools 
and  shall  exercise  such  supervision  and  control  elsewhere  than  in 
such  schools  as  it  now  possesses,". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Mr.  Schurman,  from  the  Committee  on  Education,  reported 
said  bill  amended  as  directed,  and  the  same  was  ordered  reprinted 
and  placed  on  the  order  of  third  reading. 

Mr.  John  Lord  O'Brian,  from  the  Committee  on  Counties, 
Towns  and  Villages,  their  Organization  and  Government,  to  which 
were  referred  the  several  Proposed  constitutional  amendments  in 
relation  to  changes  in  the  form  of  county  government,  as  follows : 

No.  12,  introduced  by  Mr.  C.  H.  Young. 

No.   115,  introduced  by  Mr.  Kirby. 

No.  178,  introduced  by  Mr.  L.  M.  Martin. 

No.  202,  introduced  by  Mr.  Barrett. 

No.  288,  introduced  by  Mr.  R.  B.  Smith. 

No.  313,  introduced  by  Mr.  Low. 

No.  314,  introduced  by  Mr.  Wiggins. 

No.  319,  introduced  by  Mr.  L.  M.  Martin. 

No.  455,  introduced  by  Mr.  Baldwin. 

No.  462,  introduced  by  Mr.  Barrett. 

No.  511,  introduced  by  Mr.  E.  N.  Smith. 

No.  523,  introduced  by  Mr.  Coles. 

No.  524,  introduced  by  Mr.  Coles. 

No.  553,  introduced  by  Mr.  Eisner. 

No.  634,  introduced  by  Mr.  Donnelly. 

No.  650,  introduced  by  Mr.  Cobb. 

No.  655,  introduced  by  Mr.  Green. 

No.  678,  introduced  by  Mr.  Dunmore. 

reports  that  the  committee  has  held  a  number  of  hearings  on  them, 
and  on  the  subject-matter  embraced  in  the  several  Proposed  con- 
stitutional amendments.  It  has  also  made  a  careful  study  of 
Article  III  and  Article  X  of  the  present  Constitution,  which  con- 
tain provisions  relating  to  the  government  of  counties  and  the 
powers,  duties  and  functions  of  various  county,  town  and  village 
officers. 


526  JOURNAL  OF  THE 

The  committee  reported  by  proposed  amendment,  entitled  "Pro- 
posed constitutional  amendment  to  amend  Article  III  and  Article 
X  of  the  Constitution,  in  relation  to  the  form  of  county  govern- 
ment, and  to  the  powers  and  duties,  of  certain  county,  town  and 
village  officers"  (Int.  No.  721),  which  was  read  twice  and  said 
Committee  reported  in  favor  of  the  passage  of  the  same,  which 
report  was  agreed  to,  and  said  Proposed  amendment  ordered 
printed  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Cullinan,  from  the  Committee  on  Suffrage,  to  which  was 
referred  proposed  amendment  introduced  by  Mr.  Wiggins  (No. 
51,  Int.  No.  51),  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Section  one,  Article  II  of  the  Constitution,  to 
change  the  length  of  residence  in  a  county  of  a  voter  from  four 
months  to  thirty  days,"  reported  in  favor  of  the  passage  of  the 
same,  with  the  following  amendment: 

On  page  1,  line  4,  strike  out  "  ]  thirty  days  "  and  insert  "  ]  " 
after  the  word  "  last "  on  same  line. 

which  report  was  agreed  to,  and  said  proposition  ordered  reprinted 
as  amended,  and  referred  to  the  Committee  of  the  Whole. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole, 
and  proceeded  to  the  consideration  of  the  special  order,  being 
"  Proposed  constitutional  amendment  to  amend  Article  VI  of  the 
Constitution,  generally."  (No.  807,  Int.  No.  718.) 

After  some  time  spent  therein,  the  hour  of  one  o'clock  having 
arrived,  the  Convention  took  a  recess  until  two  o'clock  and  thirty 
minutes  p.  m. 


TWO  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened  and  resolved  itself  into  a  Com- 
mittee of  the  Whole,  and  resumed  the  consideration  of  the  Special 
Order,  being  "  Proposed  constitutional  amendment  to  amend 
Article  VI  of  the  Constitution  generally."  (No.  807,  Int.  No. 
718.) 

After  some  time  spent  therein,  the  hour  of  five  o'clock  and 
thirty  minutes  p.  m.  having  arrived,  the  Convention  took  a  recess 
until  eight  o'clock  and  thirty  minutes  p.  m. 


CONSTITUTIONAL  CONVENTION  527 

EIGHT  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened  and  resolved  itself  into  a  Com- 
mittee of  the  Whole  and  resumed  consideration  of  the  Special 
Order,  being  "  Proposed  constitutional  amendment  to  amend 
Article  VI  of  the  Constitution,  generally."     (No.  807,  Int.  718.) 

After  some  time  spent  therein,  the  President  resumed  the 
Chair,  and  Mr.  Wagner,  from  said  committee,  reported  progress 
and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

Mr.  Low,  from  the  Committee  on  Cities,  to  which  was  recom- 
mitted Proposed  amendment  introduced  by  the  Committee  on 
Cities  (General  Order  No.  50,  Printed  No.  781,  Int.  No.  712), 
entitled  "  Proposed  constitutional  amendment  to  amend  Article 
XII  of  the  Constitution  generally,  in  relation  to  cities  and  vil- 
lages and  their  powers,  of  self-government/'  together  with  various 
proposed  amendments  and  proposed  substitutes  therefor  offered 
in  Committee  of  the  Whole,  retaining  its  place  on  General  Orders, 
reports  in  favor  of  the  passage  of  the  same  amended  to  read  as 
follows : 

Article  twelve  of  the  constitution  is  hereby  amended  to  read 
as  follows: 

Section  1.  It  shall  be  the  duty  of  the  legislature  by  general  laws 
to  provide  for  the  organization  of  new  cities,  [and  incorporated 
villages,  and  to  restrict  their  power  of  taxation,  assessment,  bor- 
rowing money,  contracting  debts,  and  loaning  their  credit,  so  as  to 
prevent  abuses  in  assessments  and  in  contracting  debt  by  such 
municipal  corporations ;  and  the  legislature  may  regulate  and  fix 
the  wages  or  salaries,  the  hours  of  work  or  labor,  and  make  pro- 
vision for  the  protection,  welfare  and  safety  of  persons  employed 
by  the  state  or  by  any  county,  city,  town,  village  or  other  civi|l 
division  of  the  state,  or  by  any  contractor  or  subcontractor  per- 
forming work,  labor  or  services  for  the  state,  or  for  any  county, 
city,  town,  village  or  other  civil  division  thereof.]  and  to  prescribe 
their  initial  form  of  government  in  such  manner  as  shall  secure* 
to  them  the  exercise  of  the  powers  granted  to  cities  in  this  article. 
Except  as  provided  in  this  constitution  it  shall  be  the  duty  of  the 
legislature  to  restrict  the  powers  of  taxation  and  assessment  so 


528  JOURNAL  OF  THE 

as  to  prevent  abuses  in  taxation  and  assessments  by  any  city  or  in- 
corporated village. 

§  [1  partj£.  The  legislature  may  regulate  and  fix  the  wages 
and,  except  as  otherwise  provided  in  this  article,  the  salaries  and 
may  also  regulate  and  fix  the  hours  of  work  or  labor,  and  make 
provision  for  the  protection,  welfare  and  safety  of  persons  em- 
ployed by  the  state  or  by  any  county,  city,  town,  village  or  other 
civil  division  of  the  state,  or  by  any  contractor  or  subcontractor 
performing  work,  labor  or  services  for  the  state,  or  for  any  county, 
city,  town,  village  or  other  civil  division  thereof. 

§  3.  Every  city  shall  have  exclusive  power  to  manage,  regulate 
and  control  its  property,  affairs  and  municipal  government  subject 
to  the  provisions  of  this  constitution  and  subject  further  to  the  pro- 
visions of  the  general  laws  of  the  state,  of  laws  applying  to  all  the 
cities  of  the  state  without  classification  or  distinction,  and  of  laws 
applying  to  a  county  not  wholly  included  within  a  city  establishing 
or  affecting  the  relation  between  such  a  county  and  a  city  therein. 

Such  power  shall  be  deemed  to  include  among  others: 

a.  The  power  to  organize  and  manage  all  departments,  bureaus, 
or  other  divisions  of  its  municipal  government  and  to  regulate  the 
powers,  duties,  qualifications,  mode  of  selection,  number,  terms  of 
office,  compensation  and  method  of  removal  of  all  city  officers  and 
employees,  including  all  police  and  health  officers  and  employees 
paid  by  the  city,  and  of  all  nonjudicial  officers  and  employees  at- 
tached to  courts  not  of  record,  and  to  regulate  the  compensation  of 
all  officers  not  chosen  by  the  electors  and  of  all  employees  of 
counties  situated  wholly  within  a  city  except  assistants  and  em- 
ployees of  district  attorneys  and  except  officers  and  employees  of 
courts  of  record. 

b.  The  power,  as  hereinafter  provided,  to  revise  or  enact  amend- 
ments to  its  charter  in  relation  to  its  property,  affairs  or  municipal 
government  and  to  enact  amendments  to  any  local  or  special  law  in 
relation  thereto.  A  city  may  enact  amendments  to  its  charter  or 
any  existing  special  or  local  law  in  relation  to  any  matter  of  state 
concern  the  management,  regulation  and  control  of  which  shall 
have  been  delegated  to  the  city  by  law,  until  and  unless  the  legisla- 
ture, pursuant  to  the  provisions  of  section  four  of  this  article  shall 
enact  a  law  inconsistent  with  such  amendments.  The  term 
"  charter  "  is  declared  for  the  purposes  of  this  article  to  include 
any  general  city  law  enacted  for  the  cities  of  one  class  in  so  far  as 
it  applies  to  such  city. 


CONSTITUTIONAL  CONVENTION  529 

The  legislative  body  of  the  city  may  enact  such  amendments, 
subject  to  the  approval  of  the  mayor  and  of  the  board  of  estimate 
and  apportionment  of  the  city  if  any  there  be;  provided,  however, 
that  in  a  city  in  which  any  of  the  members  of  the  board  of  estimate 
and  apportionment  are  not  elected  or  in  which  no  such  body  exists 
no  such  amendment  shall  be  enacted  without  the  assent  of  two- 
thirds  of  all  members  elected  to  such  legislative  body.  Every  such 
enactment  shall  embrace  only  one  subject  and  shall  expressly  de- 
clare that  it  is  such  an  amendment.  Every  amendment  which 
changes  the  framework  of  the  government  of  the  city  or  modifies 
restrictions  as  to  issuing  bonds  or  contracting  debts  shall  be  sub- 
mitted to  the  legislature  in  the  year  nineteen  hundred  and  sixteen 
on  or  before  the  fifteenth  day  of  February  and  in  any  year  there- 
after during  the  first  week  of  its  next  regular  session,  and  shall 
take  effect  as  law  sixty  days  after  such  submission  unless  in  the 
meantime  the  legislature  shall  disapprove  the  same  by  joint  reso- 
lution. Every  other  such  amendment  shall  take  effect  upon  its 
enactment  as  above  provided  without  such  submission  to  the 
legislature. 

The  legislature  by  general  law  shall  provide  for  a  public  notice 
and  opportunity  for  a  public  hearing  by  the  legislative  body  of 
the  city  concerning  any  such  amendment  before  final  action  there- 
on by  it. 

At  the  general  election  in  the  year  one  thousand  nine  hundred 
and  seventeen  and  unless  its  charter  shall  otherwise  provide  in 
every  eighth  year  thereafter,  every  city  shall  submit  to  the  elect- 
ors thereof,  either  at  a  general  or  special  election,  the  question 
"shall  there  be  a  commission  to  revise  the  charter  of  the  city?" 
and  may  at  the  same  time  choose  seven  commissioners  to  revise 
the  city  charter  provided,  however,  that  in  the  city  of  New  York 
the  number  of  such  commissioners  shall  be  sixteen,  nine  of  whom 
shall  be  chosen  by  the  electors  of  the  entire  city,  two  by  the 
electors  of  the  borough  of  Manhattan,  two  by  the  electors  of  the 
borough  of  Brooklyn,  and  one  each  by  the  electors  of  the  boroughs 
of  the  Bronx,  Queens  and  Richmond  respectively.  Such  revision 
when  completed  shall  be  filed  in  the  office  of  the  city  clerk,  and 
not  less  than  six  weeks  after  such  filing  shall  be  submitted  to  the 
electors  of  the  city  at  the  next  ensuing  general  election  or  at  a 
special  election  to  be  called  for  that  purpose.  If  such  revision 
be  approved  by  the  affirmative  vote  of  the  majority  of  the  electors 
voting  thereon  such  revision  shall  be  submitted  to  the  legislature 

34 


530  JOURNAL  OF  THE 

during  the  first  week  of  its  session  in  January  of  the  year  fol- 
lowing the  approval  thereof,  and  if  not  disapproved  by  the  legis- 
lature by  joint  resolution  within  sixty  days  thereafter  shall  there- 
upon take  effect  as  law  except  as  therein  otherwise  specified.  The 
legislature  shall  by  general  law  provide  for  candying  into  effect 
the  provisions  of  this  paragraph. 

Every  charter  revision  and  every  amendment  of  any  provision 
of  law,  enacted  pursuant  to  this  section,  shall  be  deposited  with 
the  secretary  of  state  and  published  as  the  legislature  may  direct. 

§  [2J-4-  All  cities  are  classified  according  to  the  latest  enumer- 
ation, as  from  time  to  time  made,  as  follows:  The  first  class  in- 
cludes all  cities  having  a  population  of  one  hundred  and  seventy- 
five  thousand  or  more;  the  second  class,  all  cities  having  a  popu- 
lation of  fifty  thousand  and  less  than  one  hundred  and  seventy-five 
thousand;  the  third  class,  all  other  cities.  [Laws  relating  to  the 
property,  affairs  of  government  of  cities,  and  the  several  depart- 
ments thereof,  are  divided  into  general  and  special  city  laws; 
general  city  laws  are  those  which  relate  to  all  the  cities  of  one 
or  more  classes;  special  city  laws  are  those  which  relate  to  a 
single  city,  or  to  less  than  all  the  cities  of  a  class.] 

The  legislature  may  delegate  to  cities  for  exercise  within  their 
respective  local  jurisdictions  such  of  its  powers  of  legislation  as 
to  matters  of  State  concern  as  it  may  from  time  to  time  deem 
expedient. 

The  legislature  shall  pass  no  law  relating  to  the  property, 
affairs  or  municipal  government  of  any  city  excepting  such  as 
is  applicable  to  all  the  cities  of  the  state  without  classification  or 
distinction. 

The  provisions  of  this  article  shall  not  be  deemed  to  restrict 
the  powers  of  the  legislature  to  pass  laws  regulating  matters  of 
state  concern  as  distinguished  from  matters  relating  to  the  prop- 
erty, affairs,  or  municipal  government  of  cities. 

Laws  affecting  the  government  of  cities  in  matters  of  state 
concern  and  applying  to  less  than  all  the  cities  of  the  state  with- 
out classification  or  distinction  are  defined  for  the  purposes  of 
this  article  as  special  city  laws.  Special  city  laws  shall  not  be 
passed  except  in  conformity  with  the  provisions  of  this  section. 
After  any  bill  for  a  special  city  law[,  relating  to  a  city,]  has 
been  passed  by  both  branches  of  the  legislature,  the  house  in 
which  it  originated  shall  immediately  transmit  a  certified  copy 
thereof  to  the  mayor  of  such  city,  and  within  fifteen  days  there- 
after the  mayor  shall  return  such  bill  to  the  clerk  of  the  house 


CONSTITUTIONAL  CONVENTION  531 

from  which  it  was  sent,  [or  if  the  session  of  the  legislature  at 
which  such  bill  was  passed  has  terminated,  to  the  governor]  with 
the  mayor's  certificate  thereon,  stating  whether  the  city  has  or 
has  not  accepted  the  same.  In  every  city  of  the  first  class,  the 
mayor,  and  in  every  other  city,  the  mayor  and  the  legislative  body 
thereof  concurrently,  shall  act  for  such  city  as  to  such  bill;  but 
the  legislature  may  provide  for  the  concurrence  of  the  legislative 
body  in  cities  of  the  first  class.  The  legislature  shall  provide  for 
a  public  notice  and  opportunity  for  a  public  hearing  concerning 
any  such  bill  in  every  city  to  which  it  relates,  before  action  there- 
on. Such  a  bill,  if  it  relates  to  more  than  one  city,  shall  be  trans- 
mitted to  the  mayor  of  each  city  to  which  it  relates,  and  shall  not 
be  deemed  accepted  unless  accepted  as  herein  provided,  by  every 
such  city.  Whenever  any  such  bill  is  accepted  as  herein  provided, 
it  shall  be  subject  as  are  other  bills,  to  the  action  of  the  governor. 
Whenever,  during  the  session  at  which  it  was  passed  any  such  bill 
is  returned  without  the  acceptance  of  the  city  or  cities  to  which 
it  relates,  or  within  such  fifteen  days  is  not  returned,  it  may 
nevertheless  again  be  passed  by  both  branches  of  the  legislature, 
and  it  shall  then  be  subject  as  are  other  bills,  to  the  action  of 
the  governor.  In  every  special  city  law  which  has  been  accepted 
by  the  city  or  cities  to  which  it  relates,  the  title  shall  be  followed 
by  the  words  "  accepted  by  the  city,"  or  "  cities,"  as  the  case  may 
be;  in  every  such  law  which  is  passed  without  such  acceptance, 
by  the  words  "  passed  without  the  acceptance  of  the  city,"  or 
"  cities,"  as  the  case  may  be. 

§  [3]5.  All  elections  of  city  officers,  including  supervisors  and 
judicial  officers  of  inferior  local  courts,  elected  in  any  city  or  part 
of  a  city,  and  of  county  officers  elected  in  the  counties  of  New 
York  [and],  Kings,  Queens,  Richmond  and  Bronx,  and  in  all 
counties  whose  boundaries  are  the  same  as  those  of  a  city,  except 
to  fill  vacancies,  shall  be  held  on  the  Tuesday  succeeding  the  first 
Monday  in  November  in  an  odd-numbered  year,  and  the  term  of 
every  such  officer  shall  expire  at  the  end  of  an  odd-numbered 
year.  The  terms  of  office  of  all  such  officers  elected  before  the 
first  day  of  January,  one  thousand  [eight]  nine  hundred  and 
[ninety-five]  seventeen,  whose  successors  have  not  then  been 
elected,  which  under  existing  laws  would  expire  with  an  even- 
numbered  year,  or  in  an  odd-numbered  year  and  before  the  end 
thereof,  are  extended  to  and  including  the  last  day  of  December 
next  following  the  time  when  such  terms  would  otherwise  expire ; 
the  terms  of  office  of  all  such  officers,  which  under  existing  laws 


532  JOURNAL  OF  THE 

would  expire  in  an  even-numbered  year,  and  before  the  end 
thereof,  are  abridged  so  as  to  expire  at  the  end  of  the  preceding 
year.  This  section  shall  not  apply  to  [any  city  of  the  third  class, 
or  to]  elections  of  any  judicial  officers,  except  judges  and  justices 
of  inferior  local  courts. 

which  report  was  agreed  to,  and  said  proposition  ordered  reprinted 
and  restored  to  General  Orders. 

Mr.  Buxbaum  offered  for  the  consideration  of  the  Convention  a 
resolution  in  the  words  following : 

Resolved,  That  there  be  printed  for  the  use  of  the  Convention 
1,000  copies  of  the  address  of  the  President  in  the  Committee  of 
the  Whole  August  19th. 

which  was  referred  to  the  Committee  on  Printing. 

The  hour  of  ten  o'clock  and  thirty  minutes  p.  m.  having  ar- 
rived, Mr.  President  declared  the  Convention  adjourned. 


FRIDAY,  AUGUST  20,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  Clement  G-.  Martin. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Wednesday, 
August  18th,  was  approved. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  presented 
the  following  report: 

The  Committee  on  Rules  recommends  the  adoption  of  the  follow- 
ing special  rules : 

Resolved,  That  when  the  Committee  of  the  Whole  resumes  con- 
sideration of  General  Order  61  (Judiciary),  speeches  of  indi- 
vidual members  be  limited  to  fifteen  minutes  each  unless  in  indi- 
vidual cases  such  time  be  extended  by  vote  of  the  committee. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole, 
and  resumed  consideration  of  the  special  order,  being  "  Proposed 


CONSTITUTIONAL  CONVENTION  533 

constitutional  amendment  to  amend  Article  VI  of  the  Constitu- 
tion, generally."     (No.  807,  Int.  No.  718.) 

After  some  time  spent  therein,  the  President  resumed  the  Chair, 
and  Mr.  Wagner,  from  said  Committee,  reported  progress  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

Mr.  Hale,  from  the  Committee  on  Public  Utilities,  to  which 
was  recommitted  proposed  amendment  introduced  by  the  Com- 
mittee on  Public  Utilities  (No.  767,  Int.  No.  706),  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Article  V  of  the  Con- 
stitution by  adding  a  new  section  thereto  relating  to  public  service 
commissions,"  retaining  its  place  on  the  order  of  General  Orders, 
reported  in  favor  of  the  passage  of  the  same,  amended  to  read  as 
follows : 

Article  V  of  the  Constitution  is  hereby  amended  by  adding  a 
new  section  thereto  to  be  appropriately  numbered  to  read  as 
follows : 

Section  — .  There  shall  be  two  public  service  commissions. 
The  existing  public  service  commissions  are  continued  and  the 
commissioners  now  in  office  shall  hold  their  offices  until  the  expira- 
tion of  their  terms.  Their  successors  shall  be  appointed  by  the 
Governor  by  and  with  the  advice  and  consent  of  the  Senate  and 
their  terms  of  office  shall  be  five  years. 

Any  commissioner  may  be  removed  by  the  Senate  on  the  re-com- 
mendation of  the  Governor  stating  the  grounds  on  which  such 
removal  is  recommended. 

Each  commission  shall  have  the  jurisdiction,  powers  and 
duties  it  now  has,  but  nothing  herein  contained  shall  prevent  the 
legislature  from  enlarging,  restricting  or  changing  such  jurisdic- 
tion, powers  and  duties. 

The  legislature  shall  not  enact  any  law  prescribing  a  rate  or 
charge  or  a  standard  of  service,  equipment  or  operation  for  any 
public  utility  until  after  it  has  received  from  one  of  the  commis- 
sions a  report  thereon  made  after  investigation  and  hearing  at 
which  interested  parties  may  introduce  evidence,  or  until  after 
the  expiration  of  such  time  following  a  request  for  such  report 
as  may  be  prescribed  by  law." 

which  report  was  agreed  to,  and  said  proposition  ordered  reprinted 
and  restored  to  the  order  of  General  Orders. 

On  motion  of  Mr.  Wickersham,  the  Convention  took  a  recess 
until  three  o'clock  p.  m. 


534  JOURNAL  OF  THE 

THREE   O'CLOCK  P.  M. 

The  Convention  again  convened  and  resolved  itself  into  a 
Committee  of  the  Whole  and  resumed  the  consideration  of  the 
special  order  being  Proposed  Constitutional  Amendment  to  amend 
article  six  of  the  Constitution,  generally.  (No.  807,  Int.  No. 
718.) 

After  some  time  spent  therein  the  President  resumed  the  chair 
and  Mr.  Wagner  from  said  committee  reported  progress  and  asked 
leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

Mr.  J.  L.  O'Brian  from  the  committee  on  rules  presented  the 
following  report: 

Resolved,  That  the  following  matters  be  made  special  orders 
in  the  order  named,  following  the  consideration  of  the  present 
calendar  of  special  orders;  namely: 

General  Order  50   (Cities;  Home  Rule). 

General  Order  52  (Cities;  Serial  Bonds,  etc.). 

General  Order  38   (Public  Utilities). 

General  Order  62   (Special  Appropriations). 

And  that  upon  the  following  matters  speeches  of  individual 
members  be  limited  to  ten  minutes  each  unless  otherwise  ordered 
in  individual  cases  by  vote  of  the  committee,  and  general  debate 
be  limited  as  follows : 

General  Order  49    (Charities),  one  hour. 

General  Order  27   (Literacy  Test),  two  hours. 

General  Order  47   (Canals),  one  hour. 

General  Order  50'  (Cities;  Home  Rule),  two  hours. 

General  Order  52   (Cities;  Serial  Bonds,  etc.),  one  hour. 

General  Order  38   (Public  Utilities),  one  hour. 

General  Order  62   ( Special  Appropriations) ,  one  hour. 

Mr.  WTiggins  moved  to  amend  by  extending  the  time  limit  for 
the  debate  of  General  Order  No.  50  from  two  to  three  hours. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

Mr.  Lindsay  moved  to  amend  by  adding  to  the  list  of  special 
orders  reported  General  Order  No.  17. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 


CONSTITUTIONAL  CONVENTION  535 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution  as  amended  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Berri,  from  the  Committee  on  Printing,  presented  the  fol- 
lowing report: 

The  Committee  on  Printing  approves  and  recommends  the 
adoption  of  the  following  resolution  offered  by  Mr.  Buxbaum : 

Resolved,  that  there  be  printed  for  the  use  of  the  Convention 
one  thousand  copies  of  the  address  of  the  President  in  the  Com- 
mittee of  the  Whole,  August  19th. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution  and  it  was  determined  in 
the  affirmative. 

On  motion  of  Mr.  Wickersham,  the  Convention  took  a  recess 
until  eight  o'clock  and  thirty  minutes  p.  m. 


EIGHT   O'CLOCK  AND   THIRTY  MINUTES   P.   M. 
The  Convention  again  convened. 

Mr.  Rodenbeck  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  Proposed  constitutional  amend- 
ment, introduced  by  Mr.  R.  B.  Smith  (No.  819,  Int.  No.  291), 
entitled  "  Proposed  Constitutional  Amendment  to  amend  article 
three  and  section  four  of  Article  IV  of  the  Constitution,  in  rela- 
tion to  voluntary  sessions  of  the  legislature  and  the  assembly." 

Also  the  Proposed  'Constitutional  Amendment,  introduced  by 
the  Committee  on  Education  (No.  820,  Int.  No.  698),  entitled 
"  Proposed  Constitutional  Amendment  to  amend  section  one  of 
Article  IX  of  the  Constitution,  in  relation  to  the  supervision  and 
control  by  the  state  of  the  education  of  children." 

Reports  the  same  as  properly  engrossed. 

Adolph  J.  Rodenbeck, 

Chairman. 

which  report  was  accepted  and  said  proposed  amendments  ordered 
placed  on  the  third  reading  calendar. 

Mr.  Marshall  offered,  for  the  consideration  of  the  Convention 
a  resolution  in  the  words  following: 

Resolved,  That  the  Committee  on  Revision  and  Engrossment 
be  discharged  from  the  further  consideration  of  Proposed  Amend- 


536  JOUKNAL  OF  THE 

ment  (No.  789,  Int.  No.  708),  entitled  "  Proposed  Constitutional 
Amendment  to  insert  in  the  Constitution  a  new  article,  in  rela- 
tion to  the  conservation  of  natural  resources. 

which  was  agreed  to. 

Said  proposed  amendment  having  been  announced  on  motion 
of  Mr.  Marshall  the  same  was  amended  as  follows : 

By  striking  from  page  2,  line  15,  the  word  "  approval  "  and 
in  place  thereof  there  be  substituted  the  words  "veto  within 
thirty  days  "  also  that  the  word  "  lake  "  where  it  occurs  on  lines 
8  and  9  of  page  3  begin  with  a  capital  letter. 

Ordered  reprinted  and  recommitted  to  said  committee. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  resumed  consideration  of  the  special  order  being  Proposed 
Constitutional  Amendment  to  amend  Article  six  of  the  Consti- 
tution, generally,  (No.  807,  Int.  No.  718). 

After  some  time  spent  therein  the  President  resumed  the 
chair  and  Mr.  Wagner  from  said  committee  reported  progress 
and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

Mr.  Dunmore  was  excused  from  the  session  of  August  21st. 

Mr.  Fancher  was  excused  from  the  sessions  of  August  21st 
and  23rd. 

Mr.  Dick  was  excused  from  the  session  of  August  21st. 

Mr.  Vanderlyn  was  excused  from  the  sessions  of  August  21st 
and  23rd. 

Mr.  Phillips  was  excused  from  the  sessions  of  August  20th  and 
21st. 

Mr.  Shipman  was  excused  from  the  sessions  of  August  21st 
and  23rd. 

Mr.  J.  L.  O'Brian  was  excused  from  the  session  of  August  21st. 

The  hour  of  ten  o'clock  and  thirty  minutes  p.  m.  having  ar- 
rived the  President  declared  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION  537 


SATURDAY,  AUGUST  21,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Kev.  C.  0,  S.  Kearton. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Thursday, 
August  19th,  was  approved. 

Mr.  President  presented  the  resolutions  of  the  Buffalo  Chamber 
of  Commerce,  which  were  referred  to  the  Committee  on  Canals. 

Mr.  Berri,  from  the  Committee  on  Printing,  presented  the  fol- 
lowing report: 

Resolved,  That  the  Secretary  be  directed  to  have  200'  additional 
copies  printed  of  Record  numbers  38  and  40. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole, 
and  resumed  the  consideration  of  the  special  order,  being  "  Pro- 
posed constitutional  amendment  to  amend  Article  VI  of  the  Con- 
stitution, generally."     (No.  807,  Int.  No.  718.) 

After  some  time  spent  therein,  the  President  resumed  the  chair, 
and  Mr.  Wagner,  from  said  committee,  reported  progress  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

Mr.  Blauvelt  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  of  the  Whole  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  782, 
Int.  No.  31),  entitled  "  Proposed  constitutional  amendment  to 
amend  Article  VII  by  adding  a  new  section  relating  to  highways." 

which  was  agreed  to. 

Said  Proposed  amendment  having  been  announced,  on  motion 
of  Mr.  Blauvelt  the  same  was  amended  as  follows : 

Page  1,  strike  out  after  "  13."  in  line  4  down  to  and  including 
the  comma  in  line  6  and  insert  in  italics  in  place  thereof  the  follow- 
ing: "  The  moneys  authorized  to  be  raised  by  the  sale  of  highway 
bonds  pursuant  to  the  law  approved  by  vote  of  the  people  at  the 


538 


JOURNAL  OF  THE 


general  election  held  in  the  year  one  thousand  nine  hundred  and 
twelve." 

Page  2,  line  2,  after  the  word  "  as  "  insert  the  word  "  were"  in 
italics. 

Ordered,  Eeprinted  and  recommitted  to  the  Committee  of  the 
Whole. 

At  the  direction  of  the  President,  the  Secretary  called  the  roll 
of  delegates  to  ascertain  if  a  quorum  was  present  and  the  following 
responded : 


Aiken 

Deyo 

McKinney 

Quigg 

Smith  B  B 

Allen  FC 

Haffen 

Martin  L  M 

Reeves 

Standart 

Bayes 

Hale 

Marshall 

Rhees 

Steinbrink 

Beach 

Heaton 

Meigs 

Rodenbeck 

Stimson 

Bell 

Hinman 

Nicoll  C 

Ryder 

Stowell 

Berri 

Kirby 

Nicoll  D 

Sargent 

Tuck 

Blauvelt 

Landreth 

Nixon 

Sears 

Wagner 

Bockes 

Latson 

Parker 

Sharpe 

Weed 

Buxbaum 

Law- 

Parmenter 

Sheehan 

Wickers  ham 

Clinton 

Lincoln 

Phillips  J  S 

Slevin 

Wiggins 

Cobb 

Lindsay 

Phillips  S  K 

Smith  E  N 

President 

Coles 

Low 

Potter 

The  hour  of  one  o'clock  p.  m.  having  arrived,  the  President  de- 
clared the  Convention  in  recess  until  two  o'clock  and  thirty 
minutes. 


TWO  O'CLOCK  AKD  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened. 

At  the  direction  of  the  President,  the  Secretary  called  the  roll 
of  delegates  to  ascertain  if  a  quorum  was  present  and  the  follow- 
ing responded: 


Aiken 

Deyo 

Low 

Phillips  S  K 

Smith  R  B 

Allen  F  C 

Green 

McKinney 

Potter 

Standart 

Beach  . 

Haffen 

Martin  L  M 

Quigg 

Steinbrink 

Bell 

Hale 

Marshall 

Rhees 

Stimson 

Bern 

Heaton 

Meigs 

Rodenbeck 

Stowell 

Blauvelt 

Kirby 

Nicoll  C 

Sargent 

Tuck 

Bockes 

Landreth 

Nicoll  D 

Sears 

Wagner 

Buxbaum 

Latson 

Nixon 

Sharpe 

Weed 

Clinton 

Law 

Parker 

Sheehan 

Wickersham 

Cobb 

Lincoln 

Parmenter 

Slevin 

Young  C  H 

Coles 

Lindsay 

Phillips  J  S 

Smith  E  N 

President 

Mr.  Quigg  moved  that  the  Convention  do  now  adjourn. 
Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 
Mr.  Wood  was  excused  until  Friday,  August  27th. 
On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION  539 


MONDAY,  AUGUST  23,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Kev.  John  Bulness,  DeFreestville. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Friday,  August 
20th,  was  approved. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole, 
and  resumed  the  consideration  of  the  special  order,  being  "  Pro- 
posed constitutional  amendment  to  amend  Article  VI  of  the  Con- 
stitution, generally"  (No.  807,  Int.  No.  718). 

After  some  time  spent  therein,  the  hour  of  one  o'clock  p.  m. 
having  arrived,  the  Convention  took  a  recess  until  2 :30  o'clock 

P.    M. 


TWO  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened  and  resolved  itself  into  a  Com- 
mittee of  the  Whole,  and  resumed  consideration  of  the  special 
order,  being  "  Proposed  constitutional  amendment,  to  amend 
Article  VI  of  the  Constitution,  generally  "  (No.  807,  Int.  No. 
718). 

After  some  time  spent  therein,  .the  hour  of  5  :30  o'clock  p.  m. 
having  arrived,  the  Convention  took  a  recess  until  8 :30  o'clock 
p.  m. 


EIGHT  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened,  and  resolved  itself  into  a  Com- 
mittee of  the  Whole,  and  resumed  consideration  of  the  special 
order,  being  "  Proposed  constitutional  amendment  to  amend 
Article  VI  of  the  Constitution,  generally "  (No.  807,  Int.  No. 
718). 

After  some  time  spent  therein,  the  President  resumed  the  chair, 
and  Mr.  Wagner,  from  said  committee,  reported  in  favor  of  the 
passage  of  the  said  Proposed  amendment  with  amendments,  which 


540  JOURNAL  OF  THE 

report  was  agreed  to,  and  said  proposition  ordered  reprinted  as 
amended  and  to  a  third  reading. 

The  hour  of  10  :30  o'clock  p.  M.  having  arrived,  the  President 
declared  the  Convention  adjourned. 


TUESDAY,  AUGUST  24,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Saturday,  August 
21,  was  approved. 

The  President  presented  the  communication  of  Wm.  Pierrepont 
White,  which  was  referred  to  the  Committee  on  Public  Utilities. 

Also,  the  resolutions  of  the  College  Church  of  Christ,  which 
were  referred  to  the  Committee  on  Education. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole, 
and  proceeded  to  the  consideration  of  the  special  order,  being  the 
Proposed  amendment,  entitled  "  Proposed  constitutional  amend- 
ment, to  amend  section  eleven  of  article  VIII  of  the  Constitution, 
in  relation  to  the  duties  and  powers  of  the  state  commission  in 
lunacy."  (No.  783,  Int.  No.  371.) 

After  some  time  spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Lindsay,  from  said  committee,  reported  in  favor 
of  the  passage  of  said  Proposed  amendment,  with  amendments, 
which  report  was  agreed  to,  and  said  proposition  ordered  reprinted 
as  amended  and  to  a  third  reading. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole, 
and  proceeded  to  the  consideration  of  the  special  order,  being  the 
Proposed  amendment,  entitled  "  Proposed  constitutional  amend- 
ment, to  amend  article  XII  of  the  Constitution  generally,  in  rela- 
tion to  cities  and  villages  and  their  powers  of  self  government/ ' 
(No.  823,  Int.  No.  712). 

After  some  time  spent  therein,  the  hour  of  one  o'clock  p.  m. 
having  arrived,  the  Convention  took  a  recess  until  2  :30  p.  m. 


CONSTITUTIONAL  CONVENTION  541 

TWO  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened  and  resolved  itself  into  a  Com- 
mittee of  the  Whole,  and  resumed  consideration  of  the  special 
order,  being  " Proposed  constitutional  amendment,  to  amend  article 
XII  of  the  Constitution,  generally,  in  relation  to  cities  and  villages 
and  their  powers  of  self  government  "  (No.  823,  Int.  No.  712). 

After  some  time  spent  therein,  the  limit  of  time  set  for  the  de- 
bate having  arrived,  the  President  resumed  the  chair,  and  Mr. 
Lindsay,  from  said  committee,  reported  progress,  and  asked  leave 
to  sit  again,  and  that  the  time  for  debate  be  extended  one  hour. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  extending  the  time  for  debate,  and  it  was  determined  in  the 
affirmative. 

The  Convention  thereupon  again  resolved  itself  into  a  Com- 
mittee of  the  Whole,  and  resumed  the  consideration  of  said  special 
order. 

After  some  time  spent  therein,  the  time  set  for  debate  having 
about  expired,  the  President  resumed  the  chair,  and  Mr.  Lindsay, 
from  said  committee,  reported  progress,  and  asked  leave  to  sit  again 
with  an  extension  of  time  for  debate  until  5:30  o'clock  p.  m. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  extending  the  time  for  debate,  and  it  was  determined  in  the 
affirmative. 

The  Convention  thereupon  again  resolved  itself  into  a  Com- 
mittee of  the  Whole,  and  resumed  consideration  of  said  special 
order. 

After  some  time  spent  therein,  the  President  resumed  the  chair, 
and  Mr.  Lindsay,  from  said  committee,  reported  in  favor  of  the 
passage  of  said  Proposed  amendment,  with  amendments,  which 
report  was  agreed  to,  and  said  proposition  ordered  reprinted  as 
amended  and  to  a  third  reading. 

The  hour  of  5  :30  o'clock  p.  m.  having  arrived  the  President 
declared  the  Convention  in  recess  until  8 :30  o'clock  p.  m. 


542  JOURNAL  OF  THE 

EIGHT  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened  and  resolved  itself  into  a  Com- 
mittee of  the  Whole,  and  proceeded  to  the  consideration  of  the 
special  order,  being  Proposed  amendment,  entitled  "  Proposed 
constitutional  amendment,  to  amend  section  10  of  article  VIII  of 
the  Constitution,  by  dividing  it  into  two  sections,  to  be  known  re- 
spectively as  sections  10  and  11,  by  amending  the  second  part 
thereof,  and  by  adding  a  new  section  to  be  known  as  section  12  " 
(No.  810,  Int.  No.  713). 

After  some  time  spent  therein,  the  President  resumed  the  chair, 
and  Mr.  Stanchfield,  from  said  committee,  reported  progress,  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole, 
and  proceeded  to  the  consideration  of  the  special  order  being  Pro- 
posed amendment  entitled  "  Proposed  constitutional  amendment 
to  amend-  article  II  of  the  Constitution  relative  to  the  qualifications 
of  voters,"  (No.  776,  Int.  No.  686). 

After  some  time  spent  therein  the  President  resumed  the  chair 
and  Mr.  Stanchfield  from  said  committee  reported  progress  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

The  hour  of  10:30  o'clock  p.  m.  having  arrived,  the  President 
declared  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION  543 


WEDNESDAY,  AUGUST  25,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Eev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wiekersham,  the  journal  of  Monday,  August 
23d,  was  approved. 

Mr.  Barnes  offered  for  the  consideration  of  the  Convention  a 
resolution,  in 'the  words  following: 

Resolved,  That  the  Committee  of  the  Whole  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  770,  Int. 
No.  696)  entitled:  "Proposed  Constitutional  Amendment  to 
amend,  generally,  Article  three  of  the  Constitution,  following 
section  nine  of  such  article." 

which  was  agreed  to. 

Said  Proposed  amendment  having  been  announced,  on  motion  of 
Mr.  Barnes  the  same  was  amended  as  follows : 

In  the  last  line  of  the  title  after  "  nine  "  insert  "  and  to  repeal 
sections  twenty-three  and  twenty-five  ". 

Page  1,  line  3,  strike  out  the  section  mark  and  insert  "  Section  ". 

Page  1,  line  6,  inclose  with  brackets  the  semi-colon  after  "  mem- 
bers "  and  insert  in  italics  before  "  shall "  the  word  "  and  ". 

Page  2,  line  3,  strike  out  the  section  mark  and  insert  "  Section  ". 

Page  2,  strike  out  lines  8  to  16,  inclusive. 

Page  2,  line  17,  after  "  hereby  "  insert  "  further  ". 

Page  2,  line  19,  strike  out  the  section  mark  and  insert  "  Sec- 
tion ". 

Page  3,  strike  out  lines  4  to  15,  inclusive. 

Page  3,  between  lines  15  and  16  insert  the  following:  "  Section 
eighteen  of  such  article  is  hereby  amended  to  read  as  follows :  " 

"  Section  [§]  18.  The  legislature  shall  not  pass  a  private  or  local 
bill  in  any  of  the  following  cases : 

Changing  the  names  of  persons. 

Laying  out,  opening,  altering,  working  or  discontinuing  roads, 
highways  or  alleys,  or  for  draining  swamps  or  other  low  lands. 

Locating  or  changing  county  seats. 

Providing  for  changes  of  venue  in  civil  or  criminal  cases. 

Incorporating  villages. 

Providing  for  election  of  members  of  boards  of  supervisors. 


544  JOURNAL  OF  THE 

Selecting,  drawing,  summoning  or  empaneling  grand  or  petit 
jurors. 

Regulating  the  rate  of  interest  on  money. 

The  opening  and  conducting  of  elections  or  designating  places  of 
voting. 

Creating,  increasing  or  decreasing  fees,  percentages  or  allow- 
ances of  public  officers,  during  the  term  for  which  said  officers  are 
elected  or  appointed. 

"  Granting  to  any  corporation,  association  or  individual  the 
right  to  prove  a  claim  against  the  state  or  against  any  political 
subdivision  thereof. 

" Authorizing  any  political  subdivision  of  the  state  to  allow  or 
pay  any  claim  or  account." 

Granting  to  any  corporation,  association  or  individual  the  right 
to  lay  down  railroad  tracks. 

Granting  to  any  private  corporation,  association  or  individual 
any  exclusive  privilege,  immunity  or  franchise  whatever. 

Granting  to  any  person,  association,  firm  or  corporation  an  ex- 
emption from  taxation  on  real  or  personal  property. 

Providing  for  building  bridges,  and  chartering  companies  for 
such  purposes,  except  on  the  Hudson  river  below  Waterford,  and 
on  the  East  river,  or  over  the  waters  forming  a  part  of  the  bound- 
aries of  the  state. 

The  legislature  shall  pass  general  laws  providing  for  the  cases 
enumerated  in  this  section,  and  for  all  other  cases  which  in  its 
judgment,  may  be  provided  for  by  general  laws.  But  no  law  shall 
authorize  the  construction  or  operation  of  a  street  railroad  except 
upon  the  condition  that  the  consent  of  the  owners  of  one-half  in 
value  of  the  property  bounded  on,  and  the  consent  also  of  the  local 
authorities  having  the  control  of  that  portion  of  a  street  or  high- 
way upon  which  it  is  proposed  to  construct  or  operate  such  rail- 
road be  first  obtained,  or  in  case  the  consent  of  such  property 
owners,  cannot  be  obtained,  the  appellate  division  of  the  supreme 
court,  in  the  department  in  which  it  is  proposed  to  be  constructed, 
may,  upon  application,  appoint  three  commissioners  who  shall  de- 
termine, after  a  hearing  of  all  parties  interested,  whether  such 
railroad  ought  to  be  constructed  or  operated,  and  their  determi- 
nation, confirmed  by  the  court,  may  be  taken  in  lieu  of  the  consent 
of  the  property  owners. 

Page  3,  line  16,  strike  out  "  renumbered  section  ". 

Page  3,  line  17,  strike  out  "  eighteen  and  ". 

Page  3,  line  18,  strike  out  section  mark  and  insert  "  Section  " 
and  strike  out  the  brackets  and  the  numeral  "  18  ". 

Page  3,  line  20,  strike  out  the  bracket  and  the  italicized  matter 
which  follows  it. 

Page  3,  line  21,  strike  out  "  tion  of  ]  ". 


CONSTITUTIONAL  CONVENTION  545 

Page  3,  strike  out  lines  23  to  26,  inclusive. 

Page  4,  strike  out  lines  1  to  20,  inclusive. 

Page  4,  line  21,  strike  out  "  Said  ". 

Page  4,  line  22,  strike  out  the  line. 

Page  5,  strike  out  lines  1  to  6,  inclusive. 

Page  5,  line  7,  strike  out  "  Said  sec-". 

Page  5,  line  8,  strike  out  the  line. 

Page  5,  line  17,  strike  out  "  re-numbered  section  ". 

Page  5,  line  18,  strike  out  everything  before  "  amended  ". 

Page  5,  line  19,  inclose  the  section  mark  with  brackets  and  insert 
before  the  first  bracket  the  word  "  Section  "  and  strike  out  the 
existing  brackets  which  inclose  "  26  "  and  strike  out  u  23  ". 

Page  6,  line  1,  strike  out  "  re-numbered  sec-". 

Page  6,  line  2,  strike  out  everything  before  a  amended  ". 

Page  6,  line  3,  strike  out  the  section  mark. and  insert  u  Section  " 
and  strike  out  the  brackets  and  the  numeral  "  24  ". 

Page  6,  strike  out  lines  15  to  23,  inclusive. 

Page  6,  line  24,  strike  out  "  re-numbered  section  ". 

Page  6,  line  25,  strike  out  everything  before  *  amended  ". 

Page  6,  line  26,  strike  out  the  section  mark  and  insert  "  Sec- 
tion "  and  strike  out  the  brackets  and  the  numeral  "  26  ". 

Page  7,  strike  out  lines  15  to  27,  inclusive. 

Page  8,  strike  out  lines.  1  to  26,  inclusive. 

Page  9,  strike  out  lines  1  to  23,  inclusive. 

Ordered,  Reprinted  and  recommitted  to  said  committee. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  Special  Order,  being  the 
Proposed  amendment  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Article  II  of  the  Constitution,  relative  to  the 
qualification  of  voters."     (No.  776,  Int.  No.  686). 

After  some  time  spent  therein  the  limit  of  time  set  for  the 
debate  having  arrived  the  President  resumed  the  chair  and  Mr. 
Stanchfield  from  said  committee  reported  progress  and  asked  leave 
to  sit  again  with  an  extension  of  one  hour  for  debate. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  extending  the  time  for  debate  and  it  was  determined  in  the 
affirmative. 

The  Convention  thereupon  again  resolved  itself  into  a  Com- 
mittee of  the  Whole  and  resumed ,  consideration  of  said  Special 
Order. 

After  some  time  spent  therein  the  President  resumed  the  chair 
35 


546  JOURNAL  OF  THE 

and  Mr.  Stanchfield  from  said  committee  reported  in  favor  of  the 
passage  of  the  said  proposed  amendment. 

On  motion  of  Mr.  Wickersham  consideration  of  said  report  was 
postponed  until  Thursday,  August  26th.  , 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  resumed  consideration  of  the  Special  Order  being  Proposed 
constitutional  amendment  to  amend  Section  ten  of  Article  VIII 
of  the  Constitution,  by  dividing  it  into  two  sections  to  be  known 
respectively  as  Sections  ten  and  eleven,  by  amending  the  second 
part  thereof  and  by  adding  a  new  section  to  be  known  as  section 
twelve  (No.  810,  Int.  No.  713). 

After  some  time  spent  therein  the  President  resumed  the  chair 
and  Mr.  Stanchfield  from  said  committee  reported  in  favor  of  the 
passage  of  the  said  Proposed  amendment  with  amendments,  which 
report  was  agreed  to.  and  said  proposition  ordered  reprinted  as 
amended  and  to  a  third  reading. 

On  motion  of  Mr.  Wickersham,  the  Convention  took  a  recess 
until  two  o'clock  and  thirtv  minutes  p.  m. 


TWO  O'CLOCK  AND  THIETY  MINUTES  P.  M. 

The  Convention  again  convened  and  resolved  itself  into  a  Com- 
mittee of  the  Whole  and  proceeded  to  the  consideration  of  the 
Special  Order  being  "  Proposed  constitutional  amendment  to 
amend  Section  eight  of  Article  VII  of ; the  Constitution"  (No. 
779,  Int.  No.  710). 

After  some  time  spent  therein  the  limit  of  time  set  for  the 
debate  having  arrived  the  President  resumed  the  chair  and  Mr. 
Stanchfield  from  said  committee  reported  progress  and  asked  leave 
to  sit  again  with  an  extension  of  one  hour  in  the  time  for  debate. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  extending  the  time  for  debate  and  it  was  determined  in  the 
affirmative. 

The  Convention  thereupon  again  resolved  itself  into  a  Com- 
mittee of  the  Whole  and  resumed  consideration  of  said  Special 
Order. 


CONSTITUTIONAL  CONVENTION  547 

After  some  time  spent  therein  the  President  resumed  the  chair 
and  Mr.  Stanchfield  from  said  committee  reported  in  favor  of  the 
passage  of  the  said  proposed  amendment  with  amendments,  which 
report  was  agreed  to  and  said  proposition  ordered  reprinted  as 
amended  and  to  a  third  reading. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  Special  Order  being 
Proposed  constitutional  amendment  to  amend  Article  V  of  the  Con- 
stitution by  adding  a  new  section  thereto  relating  to  public  service 
commissions  (No.  824,  Int.  No.  706). 

After  some  time  spent  therein  the  hour  of  five  o'clock  and 
thirty  minutes  p.  m.  having  arrived  the  Convention  took  a  recess 
until  eight  o'clock  and  thirty  minutes  p.  m. 


EIGHT  O'CLOCK  AND  .THIETY  MINUTES  P.  M. 

The  Convention  again  convened  and  resolved  itself  into  a  Com- 
mittee of  the  Whole  and  resumed  consideration  of  the  Special 
Order  being."  Proposed  constitutional  amendment  to  amend  Arti- 
cle V  of  the  Constitution  by  adding  a  new  section  thereto  relating 
to  Public  Service  Commissions."     (No.  824,  Int.  No.  706.) 

After  some  time  spent  therein  the  President  resumed  the  chair 
and  Mr.  Stanchfield  from  the  said  committee  reported  in  favor  of 
the  passage  of  said  Proposed  amendment  with  amendments,  which 
report  was  agreed  to  and  said  proposition  ordered  reprinted  as 
amended  and'  to  a  third  reading. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  Special  Order  being 
"  Proposed  constitutional  amendment  to  amend  Section  twenty  of 
Article  III  of  the  Constitution,  in  relation  to  the  appropriation 
of  public  moneys  for  construction  purposes."  (No.  815,  Int.  No. 
719.) 

After  some  time  spent  therein  the  President  resumed  the  chair 
and  Mr.  Stanchfield  from  said  committee  reported  in  favor  of  the 
passage  of  said  proposed  amendment,  which  report  was  agreed  to 
and  said  proposition  ordered  to  a  third  reading. 


548  JOURNAL  OF  THE 

Mr.  Tanner  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  of  the  Whole  be  discharged 
from  the  further  consideration  of  proposed  amendment  (No.  803, 
Int.  No.  716)  entitled  "  Proposed  constitutional  amendment  re- 
pealing sections  one,  two,  three,  four,  six  and  seven  of  article  five 
and  creating  a  new  article  five  in  relation  to  state  officers." 

which  was  agreed  to. 

Said  Proposed  amendment  having  been  announced,  on  motion  of 
Mr.  Tanner  the  same  was  amended  as  follows : 

Strike  out  all  after  the  enacting  clause  and  insert  the  following : 

"  Sections  one,  two,  three,  four,  six  and  seven  of  article  five  are 
hereby  repealed  and  a  new  article  five  created  to  read  as  follows: 

Section  1.  There  shall  be  the  following  civil  departments  in 
the  state  government: 

A  Department  of  Justice 

A  Department  of  Finance 

A  Department  of  the  Treasury 

A  Department  of  Taxation 

A  Department  of  Accounts 

A  Department  of  State 

A  Department  of  Public  Works 

A  Department  of  Health 

A  Department  of  Agriculture 

A  Department  of  Charities  and  Correction 

A  Department  of  Banking 

A  Department  of  Insurance 

A  Department  of  Labor  and  Industry. 

A  Department  of  Education 

A  Department  of  Public  Utilities 

A  Department  of  Conservation 

A  Department  of  Civil  Service. 

Section  2.  At  the  session  immediately  following  the  adoption 
of  this  constitution  the  legislature  shall  provide  by  law  for  the 
appropriate  assignment  of  all  the  civil  administrative  and  execu- 
tive functions  of  the  state  government,  except  those  of  assistants 
in  the  office  of  the  governor,  to  the  several  departments  in  this 
article  provided.  Subject  to  the  limitations  contained  in  this 
article  the  legislature  may  from  time  to  time  a'ssign  by  law  new 
powers  and  functions  to  departments,  officers,  boards  or  commis- 
sions continued  or  created  under  this  constitution,  and  increase, 
modify  or  diminish  their  powers  and  functions.  No  specific 
grant  of  power  herein  to  a  department  shall  prevent  the  legis- 
lature from  conferring  additional  powers  upon  such  department. 


CONSTITUTIONAL  CONVENTION  549 

No  new  departments  shall  be  created  hereafter.  Any  bureau, 
board,  commission  or  office  hereafter  created  except  assistants  in 
the  office  of  the  governor  shall  be  placed  in  one  of  the  depart- 
ments enumerated  in  this  article.  The  elective  state  officers  in 
office  at  the  time  this  constitution  takes  effect  shall  continue  in 
office  until  the  end  of  the  terms  for  which  they  were  elected. 
Pending  the  assignment  of  the  civil  executive  and  administra- 
tive functions  by  the  legislature  pursuant  to  the  direction  of  this 
section,  the  powers  and  duties  of  the  several  departments,  boards, 
commissions  and  offices  now  existing  are  continued.  Subject  to 
the  power  of  the  legislature  to  reduce  the  number  of  officers, 
when  the  powers  and  duties  of  any  existing  office  are  assigned  to 
any  department,  the  officers  exercising  such  powers,  shall  continue 
in  office  in  such  department,  and  their  term  of  office  shall  not  be 
shortened  by  such  assignment. 

Section  3.  The  head  of  the  department  of  justice  shall  be 
the  attorney-general.  He  shall  be  elected  at  the  same  time  and 
for  the  same  term  as  the  governor. 

Section  4.  The  head  of  the  department  of  finance  shall  be  the 
comptroller.  He  shall  be  elected  at  the  same  time  and  for  the 
same  term  as  the  governor.  Excepting  the  powers  of  examination 
and  verification  of  accounts  vested  in  the  department  of  accounts, 
he  shall  have  the  present  powers  and  duties  of  the  comptroller, 
subject  to  the  authority  of  the  legislature  to  increase,  modify  or 
diminish  the  same. 

Section  5.  The  head  of  the  department  of  accounts  shall  be  the 
commissioner  of  accounts.  He  shall  have  power  to  examine  and 
verify  all  accounts  showing  the  financial  transactions  of  the  state 
and  its  several  departments  and  officers. 

Section  6.  The  head  of  the  department  of  the  treasury  shall  be 
the  treasurer. 

Section  7.  The  head  of  the  department  of  taxation  shall  be  the 
state  tax  commission,  to  consist  of  three  members. 

Section  8.  The  head  of  the  department  of  state  shall  be  the 
secretary  of  state. 

Section  9.  The  head  of  the  department  of  public  works  shall  be 
the  superintendent  of  public  works.  He  shall  have  the  construc- 
tion, care,  maintenance  and  operation  of  the  state's  public  works, 
including  canals,  highways,  and  all  public  buildings  not  assigned 
by  law  to  any  other  department,  and  shall  provide  for  the  needs 
of  the  several  state  departments  in  engineering  and  architecture. 

Section  10.  The  head  of  the  department  of  health  shall  be  the 
commissioner  of  health. 

Section  11.  The  head  of  the  department  of  agriculture  shall 
be  the  commissioner  of  agriculture. 

Section  12.  The  head  of  the  department  of  charities  and  cor- 
rections shall  be  the  secretary  of  charities  and  corrections.     He 


550  JOUKNAL  OF  THE 

shall  have  power  of  inspection  and  supervision  of  all  state  chari- 
table institutions,  state  hospitals  for  the  insane,  state  prisons  and 
other  state  correctional  institutions. 

Section  13.  The  head  of  the  department  of  banking  shall  be 
the  superintendent  of  banks. 

Section  14.  The  head  of  the  department  of  insurance  shall  be 
the  superintendent  of  insurance. 

Section  15.  The  head  of  the  department  of  labor  and  industry 
shall  be  an  industrial  commission. 

Section  16.  The  department  of  education  shall  be  administered 
by  the  university  of  the  state  of  New  York.  The  chief  adminis- 
trative officer  of  the  department  shall  be  appointed  by  the  regents 
of  the  university. 

Section  17.  There  shall  be  two  public  service  commissions. 
Commissioners  shall  be  appointed  by  the  governor  by  and  with 
the  advice  and  consent  of  the  senate.  The  governor  may  remove 
any  commissioner  for  cause  after  service  upon  him  of  a  written 
statement  of  the  alleged  cause  and  an  opportunity  to  be  heard 
thereon.  Until  the  legislature  shall  otherwise  provide,  the  exist- 
ing commissions  are  continued  with  the  jurisdiction  and  powers 
at  present  vested  in  them. 

Section  18.  The  department  of  conservation  shall  be  under  the 
direction  of  the  conservation  commission. 

Section  19.  The  department  of  civil  service  shall  be  under  the 
direction  of  a  civil  service  commission  consisting  of  three  com- 
missioners. They  shall  be  appointed  by  the  governor,  by  and  with 
the  advice  and  consent  of  the  senate,  for  terms  of  six  years,  and 
shall  be  so  classified  that  one  shall  go  out  of  office  at  the  end  of 
every  two  years.  Any  commissioner  may  be  removed  by  the 
governor  on  charges  after  an  opportunity  to  be  heard.  The  com- 
mission shall  take  care  that  the  provisions  of  this  constitution  re- 
lating to  civil  service  and  of  laws  enacted  thereunder  are  faith- 
fully observed  and  enforced. 

Section  20.  The  heads  of  all  the  departments  and  the  members 
of  all  commissions  unless  otherwise  provided  for  in  this  constitu- 
tion shall  be  appointed  by  the  governor  by  and  with  the  advice 
and  consent  of  the  senate  and  may  be  removed  by  the  governor 
in  his  discretion. 

Section  21.  The  attorney-general  and  comptroller  may  be  re- 
moved from  office  by  impeachment  in  the  same  manner  as  the 
governor  or  they  may  be  removed  by  the  senate  by  vote  of  two- 
thirds  of  all  the  members  elected  thereto,  upon  the  recommenda- 
tion of  the  governor,  stating  the  grounds  therefor.  A  vacancy  in 
the  office  of  attorney-general  or  of  comptroller  shall  be  filled  for 
the  remainder  of  the  term  at  the  next  general  election  happening 
not  less  than  three  months  after  such  vacancy  occurs.     Until  the 


CONSTITUTIONAL  CONVENTION  551 

vacancy  be  so  filled  by  election,  the  governor,  or  if  the  senate  be 
in  session,  the  governor  by  and  with  the  advice  and  consent  of 
the  senate,  may  fill  such  vacancy  by  appointment  which  shall  con- 
tinue until  the  first  day  of  the  political  year  next  succeeding  the 
election  at  which  such  office  may  be  filled. 

Section  22.  All  appointed  heads  of  departments  shall  be  subject 
to  impeachment  in  the  same  manner  as  the  governor.  A  vacancy 
occurring  in  a  board  or  commission  appointed  by  and  with  the 
advice  and  consent  of  the  senate  for  a  fixed  term  shall  be  filled 
for  the  unexpired  term  in  the  same  manner  as  an  original  ap- 
pointment, except  that  a  vacancy  occurring  or  existing  while  the 
senate  is  not  in  session  shall  be  filled  by  the  governor  by  appoint- 
ment for  a  term  expiring  at  the  end  of  twenty  days  from  the 
commencement  of  the  next  meeting  of  the  senate." 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  presented  the 
following  report : 

The  Committee  on  Rules  recommends  the  adoption  of  the  fol- 
lowing special  rule: 

Resolved,  That  the  following  proposed  constitutional  amend- 
ments be  made  special  orders  for  consideration  in  the  order  named 
immediately  upon  completion  of  the  present  calendar  of  special 
orders;  namely: 

General  Order  45   (Highways). 

General  Order  57  (Future  Amendments). 

General  Order  58  (Fixing  time  when  Constitution  takes  effect). 

General  Order  59  (Governor  and  State  Officers). 

Mr.  Wiggins  moved  to  amend  by  making  General  Order  No.  59 
a  Special  Order  for  Monday  night,  August  30th. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution  as  amended  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Rodenbeck  from  the  Committee  on  Revision  and  Engross- 
ment to  which  was  referred  the  Proposed  constitutional  amend- 
ment, introduced  by  the  Committee  on  Judiciary  (No.  828,  Int. 
No.  718)  entitled  "  Proposed  constitutional  amendment  to  amend 
Article  VI  of  the  Constitution  generally,"  reports  the  same  as  ex- 
amined, found  correct  and  properly  engrossed. 

Adolph  J.  Rodenbeck, 

Chairman, 


552  JOURNAL  OF  THE 

which  report  was  accepted  and  said  Proposed  amendment  ordered 
placed  on  the  third  reading  calendar. 

Mr.  Rodenbeck  from  the  Committee  on  Revision  and  Engross- 
ment to  which  was  referred  the  Proposed  constitutional  amend- 
ment, introduced  by  Mr.  Dow  for  the  Committee  on  Conservation 
of  Natural  Resources  (No.  825,  Int.  No.  708)  entitled  "Proposed 
constitutional  amendment  to  insert  in  the  Constitution  a  new 
article  in  relation  to  the  conservation  of  natural  resources,"  also 
the  Proposed  constitutional  amendment,  introduced  by  Mr.  Stein- 
brink  (No.  827,  Int.  No.  371),  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  eleven  of  Article  VIII  of  the  Con- 
stitution, in  relation  to  the  duties  and  powers  of  the  state  com- 
mission in  lunacy,"  reports  the  same  as  examined,  found  correct 
and  properly  engrossed. 

Adolpii  J.  Rodenbeck, 

Chairman. 

which  report  was  accepted  and  said  Proposed  amendments  ordered 
placed  on  the  third  reading  calendar. 

Mr.  Low  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Revision  and  Engrossment 
be  discharged  from  further  consideration  of  Proposed  amendment 
(No.  823,  Int.  No.  712)  entitled  "  Proposed  constitutional  amend- 
ment to  amend  Article  XII  of  the  Constitution  generally,  in  rela- 
tion to  cities  and  villages  and  their  powers  of  self-government," 

which  was  agreed  to. 

Said  Proposed  amendment  having  been  announced  on  motion 
of  Mr.  Low  the  same  was  amended  as  follows : 

Page  5,  line  21,  after  the  word  "  latest "  insert  the  word 
"  state  ". 

Page  6,  line  19,  after  the  word  "  affecting  "  insert  in  italics 
"  cities  in  relation  to  water  supply,  sewerage  and  public  improve- 
ments, involving  the  use  of  territory  outside  the  boundaries  of 
cities  and  ". 

Ordered,  Reprinted  and  recommitted  to  said  committee. 
On  motion  of  Mr.  Wickersham,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION  553 


THURSDAY,  AUGUST  26,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham  the  journal  of  Tuesday,  August 
24th,  was  approved. 

The  President  presented  the  communication  of  the  Conference 
of  Mayors,  which  was  referred  to  the  Committee  on  Cities. 

Also  the  resolutions  of  the  common  council  of  the  city  of 
Rochester,  which  were  referred  to  the  Committee  on  Canals. 

Also  the  communication  of  William  McAdoo,  which  was  re- 
ferred to  the  Committee  on  the  Judiciary. 

By  unanimous  consent,  Mr.  M.  Saxe  called  up  proposed  amend- 
ment entitled  "  Proposed  constitutional  amendment  to  amend  the 
constitution,  by  inserting  a  new  article,  in  relation  to  taxation  " 
(No.  812,  Int.  No.  679),  now  on  the  order  of  third  reading. 

Said  proposed  amendment  having  been  announced,  Mr.  M. 
Saxe  moved  that  said  bill  be  recommitted  to  the  Committee  on 
Taxation  with  instructions  to  report  the  same  forthwith  amended 
as  follows: 

On  page  2,  line  7,  strike  out  the  words  "  any  other  article  "  and 
substitute  therefor  the  words  "  section  two  of  article  ten  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

Mr.  M.  Saxe,  from  the  Committee  on  Taxation,  reported  said 
bill  amended  as  directed  and  the  same  was  ordered  reprinted  and 
placed  on  the  order  of  third  reading. 

Mr.  Schurman  offered  for  the  consideration  of  the  Convention 
a  resolution  in  the  words  following: 

Resolved,  That  beginning  with  Friday,  the  27th  inst.,  the  morn- 
ing sessions  of  this  Convention  shall  open  at  nine-thirty  a.  m., 
and  that  the  evening  sessions  shall  close  at  eleven  p.  m. 

Which  was  referred  to  the  Committee  on  Rules. 

Mr.  C.  H.  Young  called  up  the  report  of  the  Committee  of  the 
Whole  on  General  Order  No.  27,  consideration  of  which  was  set 
down  for  this  day. 


554 


JOURNAL  OF  THE 


Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  the  report  of  the  Committee  of  the  Whole  on  said  General 
Order  No.  27,  and  it  was  determined  in  the  negative. 

Those  who  voted  in  the  affirmative  were : 


Aiken 

Coles 

Hinman 

Olcott 

Vanderlyn 

Angell 

Deyo 

Johnson 

Ostrander 

Van  Ness 

Austin 

Dick 

Jones 

Owen 

Wadsworth 

Barnes 

Dow 

Kirby 

Parker 

Waterman 

Barrett 

Dunmore 

Landreth 

Pelletreau 

Weed 

Baumes 

Dykman 

Law 

Phillips  S  K 

Westwood 

Beach 

Eggleston 

Leggett 

Rosch 

White  C  J 

Bell 

Fancher 

Lennox 

Ryder 

Wickersham 

Berri 

Ford 

Lincoln 

Sanders 

Wiggins 

Betts 

Franchot 

McKinney 

Smith  E  N 

Williams 

Bockes 

Greff 

Meigs 

Standart 

Winslow 

Brackett 

Griffin 

Nixon 

Steinbrink 

Young  C  H 

Bunce 

Hale 

Nye 

Stowell 

Young  F  L 

Clearwater 

Heaton 

Those  who  voted  in 

the  negative  were : 

Adams 

Donovan 

McKean 

Phillips  J  S 

Shipman 

Allen  FC 

Dooling 

Mandeville 

Potter 

Slevin 

Baldwin 

Doughty 

Mann 

Quigg 

Smith  A  E 

Bannister 

Eisner 

Marshall 

Reeves 

Smith  R  B 

Bayes 

Endres 

Martin  L  M 

Rhees 

Stanchfield 

Blauvelt 

Eppig 

Mathewson 

Rodenbeck 

Tanner 

Brenner 

Fobes 

Mealy 

Ryan 

Tuck 

Burkan 

Foley 

Mereness 

Sargent 

Unger 

Buxbaum 

Green 

Mulry 

Saxe  J  G 

Wafer 

Byrne 

Haffen 

Nicoll  C 

Saxe  M 

Wagner 

Clinton 

Harawitz 

Nicoll  D 

Schoonhut 

Ward 

Cobb 

Latson 

O'Brian  J  L 

Schurman 

Webber  C  A 

Cullinan 

Leary 

O'Brien  M  J 

Sears 

Weber  R  E 

Dahm 

Linde 

Parmenter 

Sharpe 

Wheeler 

Dennis 

Lindsay 

Parsons 

Sheehan 

President 

Donnelly 

Low 

67 


77 

When  Mr.  Tierney's  name  was  called  he  stated  that  he  was 
paired  with  Mr.  Bernstein  and  asked  to  be  and  was  excused  from 
voting. 

On  motion  of  Mr.  A.  E.  Smith,  and  by  unanimous  consent, 
the  fact  that  Mr.  Ahearn  was  unavoidably  absent  and  would  if 
present  vote  against  agreeing  to  the  report  of  the  committee  was 
ordered  spread  upon  the  journal. 

Mr.  J.  S.  Phillips  moved  to  reconsider  the  vote  by  which  the 
resolution  reported  by  the  Committee  on  Rules  August  25th  as 
amended,  was  adopted. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

Mr.  J.  S.  Phillips  moved  to  reconsider  the  vote  by  which  Mr. 
Wiggins'  amendment  to  said  resolution  was  adopted. 


CONSTITUTIONAL  CONVENTION  555 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

Said  amendment  being  before  the  Convention,  Mr.  President 
put  the  question  whether  the  Convention  would  agree  to  said 
amendment  and  it  was  determined  in  the  negative. 

Mr.  President  then  put  the  question  whether  the  Convention 
would  agree  to  said  report  and  resolution  and  it  was  determined 
in  the  affirmative. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  Special  Order  being 
"  Proposed  constitutional  amendment  to  amend  Section  six  of 
Article  III  of  the  Constitution,  in  relation  to  the  compensation 
and  expenses  of  members  of  the  Legislature  "  (No.  741,  Int.  No. 
697). 

After  some  time  spent  therein,  the  hour  of  one  o'clock  p.  m. 
having  arrived,  the  Convention  took  a  recess  until  two  o'clock  and 
thirty  minutes  p.  m. 


TWO  O'CLOCK  AND  THIKTY  MINUTES  P.  M. 

The  Convention  again  convened  and  resolved  itself  into  a 
Committee  of  the  Whole  and  resumed  consideration  of  the  Special 
Order,  being  "  Proposed  constitutional  amendment  to  amend  Sec- 
tion six  of  Article  III  of  the  Constitution  in  relation  to  the 
compensation  and  expenses  of  members  of  the  Legislature  "  (No. 
741,  Int.  No.  697). 

After  some  time  spent  therein  the  President  resumed  the  chair, 
and  Mr.  Bockes  from  said  committee  reported  in  favor  of  the 
passage  of  said  Proposed  amendment  with  amendments,  which 
report  was  agreed  to  and  said  proposition  ordered  reprinted  as 
amended  and  restored  to  the  order  of  third  reading. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  Special  Order  being 
"  Proposed  constitutional  amendment  to  amend  Article  VII  by 
adding  a  new  section  relating  to  highways  "  (No.  826,  Int.  No. 
31). 

After  some  time  spent  therein  the  President  resumed  the  chair, 
and  Mr.  Lincoln  from  said  committee  reported  progress  and  asked 
leave  to  sit  again. 


556  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

Mr.  Brackett,  from  the  Committee  on  Legislative  Organization, 
etc.,  to  which  was  referred  various  proposed  amendments,  in- 
troduced by  several  members  of  the  Convention  reported  by 
Proposed  amendment  entitled :  "  Proposed  constitutional  amend- 
ment to  amend  Sections  one,  two,  three,  four,  five,  seven,  eight,  and 
nine  of  Article  III  of  the  Constitution,  and  to  transfer  Section 
six  of  Article  X  into  Article  III"  (Int.  No.  722),  which  was 
read  twice  and  said  committee  reported  in  favor  of  the  passage  of 
the  same,  which  report  was  agreed  to  and  said  proposed  amend- 
ment ordered  printed  and  referred  to  the  Committee  of  the 
Whole. 

The  hour  of  five  o'clock  and  thirty  minutes  p.  m.  having  ar- 
rived the  President  declared  the  Convention  in  recess  until  eight 
o'clock  and  thirty  minutes  p.  m. 


EIGHT  O'CLOCK  AND  THIETY  MINUTES  P.  M. 

The  Convention  again  convened. 

Mr.  Eodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  Proposed  constitutional  amend- 
ment, introduced  by  the  Committee  on  Cities  (No.  829,  Int. 
No.  713),  entitled  "  Proposed  constitutional  amendment  to  amend 
Section  ten  of  Article  VIII  of  the  Constitution,  by  dividing  it 
into  two  sections  to  be  known  respectively  as  Sections  ten  and 
eleven,  by  amending  the  second  part  thereof,  and  by  adding  a  new 
section  to  be  known  as  Section  twelve." 

Also,  the  Proposed  constitutional  amendment,  introduced  by 
the  Committee  on  Cities  (No.  839,  Int.  No.  712),  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Article  XII  of  the 
Constitution  generally,  in  relation  to  cities  and  villages  and  their 
powers  of  self  government." 

Also,  the  Proposed  constitutional  amendment,  introduced  by 
the  Committee  on  Public  Utilities  (No.  832,  Int.  No.  706),  en- 
titled "  Proposed  constitutional  amendment  to  amend  Article  V 
of  the  Constitution  by  adding  a  new  section  thereto  relating  to 
public  service  commissions." 


CONSTITUTIONAL  CONVENTION  557 

Also,  the  Proposed  constitutional  amendment  introduced  by 
the  Committee  on  State  Finances  (No.  815,  Int.  No.  719),  en- 
titled "  Proposed  constitutional  amendment  to  amend  Section 
twenty  of  Article  III  of  the  Constitution,  in  relation  to  the  appro- 
priation of  public  moneys  for  construction  purposes." 

Also,  the  Proposed  constitutional  amendment,  introduced  by 
the  Committee  on  Taxation  (No.  834,  Int.  No.  679),  entitled 
"  Proposed  constitutional  amendment  to  amend  the  Constitution, 
by  inserting  a  new  article,  in  relation  to  taxation." 

Reports  the  same  as  examined,  found  correct  and  properly  en- 
grossed. 

ADOLPH   J.   RoDENBECK, 

Chairman. 

which  report  was  accepted  and  said  Proposed  amendments  ordered 
placed  on  the  third  reading  calendar. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  resumed  consideration  of  the  Special  Order  being  Proposed 
constitutional  amendment  to  amend  Article  VII  by  adding  a  new 
section  relating  to  highways.     (No.  826,  Int.  No.  31). 

After  some  time  spent  therein  the  President  resumed  the  chair, 
and  Mr.  Lincoln  from  said  committee  reported  progress  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

Mr.  J.  L.  O'Brian  from  the  Committee  on  Rules  presented  the 
following  report: 

The  Committee  on  Rules  recommends  the  adoption  of  the  fol- 
lowing rule: 

Resolved,  That  the  final  vote  on  General  Order  No.  45  be  taken 
at  not  later  than  nine-thirty  o'clock  and  all  speakers  be  limited 
to  five  minutes  each. 

Resolved,  That  on  consideration  of  General  Order  No.  57 
(Future  amendments),  fifty  minutes  be  allotted  to  the  chairman  of 
the  Committee  on  Future  Amendments  and  the  introducer  of  the 
measure,  each  other  speaker  to  be  limited  to  ten  minutes. 

Mr.  President  put  the  question  on  whether  the  Convention 
would  agree  to  said  report  and  resolution  and  it  was  determined  in 
the  affirmative. 


558  JOURNAL  OF  THE 

The  Convention  again  resolved  itself  into  a  Committee  of  the 
Whole  and  resumed  consideration  of  said  Special  Order. 

After  some  time  spent  therein  the  President  resumed  the  chair, 
and  Mr.  Lincoln  from  said  committee  reported  in  favor  of  the 
passage  of  the  said  Proposed  amendment  with  amendments,  which 
report  was  agreed  to  and  said  proposition  ordered  reprinted  as 
amended  and  to  a  third  reading. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  Special  Order  being 
Proposed  constitutional  amendment  to  amend  Article  XIV  of  the 
Constitution,  in  relation  to  future  amendments  and  revisions  of 
the  Constitution,  and  permitting  the  validity  of  an  election  on  a 
question  submitted  and  the  determination  of  the  result  of  such 
an  election  to  be  contested  by  any  elector  in  an  action  brought 
in  the  supreme  court  and  by  making  provision  with  respect  to 
questions  coincidently  submitted.     (No.  795,  Int.  No.  715.) 

After  some  time  spent  therein  the  President  resumed  the  chair, 
and  Mr.  Lincoln  from  said  committee  reported  progress  and  asked 
leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

Mr.  Curran  was  excused  from  the  sessions  of  to-day. 

Mr.  Buxbaum  was  excused  from  the  sessions  of  August  27th. 

Mr.  Eisner  was  excused  from  the  morning  session  of  August 
27th. 

Mr.  Unger  was  excused  from  the  sessions  of  August  28th. 

Mr.  Vanderlyn  was  excused  from  the  sessions  of  August  28th 
and  30th. 

The  hour  of  ten  o'clock  and  thirty  minutes  p.  m.  having  arrived 
the  President  declared  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION 


559 


FRIDAY,  AUGUST  27,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Kev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Wednesday, 
August  25th,  was  approved. 

Upon  the  direction  of  the  President  the  Secretary  called  the 
roll  of  delegates  and  the  following  responded: 


Adams 

Dick 

Latson 

Pelletreau 

Steinbrink 

Aiken 

Donnelly 

Law 

Phillips  S  K 

Stimson 

Allen  F  C 

Donovan 

Leary 

Potter 

Stowell 

Angell 

Doughty 

Leggett 

Quigg 

Tanner 

Austin 

Dow 

Lennox 

Reeves 

Tierney 

Baldwin 

Dunlap 

Lincoln 

Rhees 

Tuck 

Bannister 

Dunmore 

Linde 

Rodenbeck 

Unger 

Barnes 

Dykman 

Lindsay 

Rosch 

Vanderlyn 

Barrett 

Eggleston 

Low 

Ryan 

Van  Ness 

Baumes 

Endres 

McKinney 

Ryder 

Wadsworth 

Bayes 

Eppig 

Mandeville 

Sanders 

Wafer 

Beach 

Fancher 

Martin  F 

Sargent 

Wagner 

Bell 

Fobes 

Martin  L  M 

Saxe  J  G 

Ward 

Berri 

Foley 

Marshall 

Saxe  M 

Webber  C  A 

Blauvelt 

Franchot 

Mathewson 

Schoonhut 

Weber  R  E 

Bockes 

Gladding 

Meigs 

Schurman 

Weed 

Brenner 

Green 

Mereness 

Sears 

Westwood 

Burkan 

Greff 

Nicoll  C 

Sharpe 

Whipple 

Byrne 

Haffen 

Nicoll  D 

Shipman 

White  C  J 

Clearwater 

Hale 

Nixon 

Slevin 

Wickersham 

Clinton 

Harawitz 

Nye 

Smith  A  E 

Wiggins 

Cobb 

Heaton 

O'Brian  J  L 

Smith  E  N 

Williams 

Coles 

Hinman 

Olcott 

Smith  R  B 

Winslow 

Cullinan 

Johnson 

Ostrander 

Smith  T  F 

Young  C  H 

Dahm 

Jones 

Owen 

Stanchfield 

Young  F  L 

Dennis 

Kirby 

Parmenter 

Standart 

President 

Deyo 

Landreth 

Parsons 

Mr.  Clinton  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Revision  and  Engrossment 
be  discharged  from  the  further  consideration  of  proposed  amend- 
ment (No.  779,  Int.  No.  710)  entitled  "  Proposed  constitutional 
amendment  to  amend  Section  eight  of  Article  VII  of  the  Con- 
stitution." 

which  was  agreed  to. 

Said  proposition  having  been  announced,  Mr.  Clinton  moved 
that  said  amendment  be  recommitted  to  the  Committee  on  Canals 
with  instructions  to  report  the  same  forthwith  amended  as  follows : 

Page  2,  line  27,  after  the  word  "sold"  add  the  following: 
"  such  general  laws  may  provide  for  the  abandonment  of  portions 


560  JOURNAL  OF  THE 

of  the  existing  canals  which  by  reason  of  the  completion  of  parts 
of  the  Barge  canal  shall  have  become  unnecessary  for  purposes 
of  navigation  and  shall  be  certified  by  the  Superintendent  of 
Public  Works,  to  have  become  so." 

Page  1,  line  9,  immediately  before  the  bracket  insert  in  italics 
"  When  necessary  in  the  opinion  of  the  Superintendent  of  Pub- 
lic Works,  easements  in  canal  lands  may  be  granted  for  purposes 
of  bridge  construction,  provided  that  such  easements  shall  not 
interfere  with  or  impair  the  use  of  the  canals." 

Page  3,  line  6,  before  the  word  "  waters  "  strike  out  the  word 
"  the  ",  and  from  the  same  line  the  word  "  under  ",  and  substitute 
"  thereunder  ". 

Page  3,  line  7,  strike  out  the  words  "  any  such  lease  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Mr.  Clinton,  from  the  Committee  on  Canals,  reported  said 
amendment  amended  as  directed,  and  the  same  was  ordered  re- 
printed and  placed  on  the  order  of  third  reading. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  presented 
the  following  report: 

The  Committee  on  Rules  recommends  the  adoption  of  the 
following : 

Resolved,  That  when  the  Committee  of  the  Whole  resume  con- 
sideration of  General  Order  No.  57  the  final  vote  thereon  be 
taken  within  one  hour,  and  that  speeches  of  individual  members 
be  limited  to  ten  minutes  each,  except  that  the  introducer  of  the 
bill  be  allowed  twenty-five  minutes  in  closing  debate. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order,  being 
"  Proposed  constitutional  amendment  to  amend  Article  XIV  of 
the  Constitution,  in  relation  to  future  amendments  and  revisions 
of  the  Constitution,  and  permitting  the  validity  of  an  election  on 
a  question  submitted  and  the  determination  of  the  result  of  such 
an  election  to  be  contested  by  any  elector  in  an  action  brought  in 
the  Supreme  Court  and  by  making  provisions  with  respect  to 
questions  coincidently  submitted."      (No.  795,  Int.  No.  715.) 


CONSTITUTIONAL  CONVENTION  561 

After  some  time  spent  therein,  the  limit  of  time  for  debate 
having  arrived,  the  President  resumed  the  chair,  and  Mr.  Lin- 
coln, from  said  committee,  reported  progress  and  asked  leave  to 
sit  again  with  an  extension  of  time  for  debate  of  one  hour. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  extending  the  time  for  debate,  and  it  was  determined  in  the 
affirmative. 

The  Convention  again  resolved  itself  into  a  Committee  of  the 
Whole  and  resumed  consideration  of  said  special  order. 

After  some  time  spent  therein,  the  President  resumed  the  chair, 
and  Mr.  Lincoln,  from  said  committee,  reported  in  favor  of  the 
passage  of  said  proposed  amendment  with  amendments,  which 
report  was  agreed  to,  and  said  proposition  ordered  reprinted  as 
amended  and  to  a  third  reading. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order,  being 
"  Proposed  constitutional  amendment  to  amend  Article  XV  of 
the  Constitution  with  respect  to  the  time  when  the  Constitution 
is  to  go  into  effect."     (No.  145,  Int.  No.  145.) 

After  some  time  spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Lincoln,  from  said  committee,  reported  in  favor 
of  the  passage  of  the  said  proposed  amendment,  which  report 
was  agreed  to,  and  said  proposition  ordered  to  a  third  reading. 

On  motion  of  Mr.  Wiekersham,  the  Convention  took  a  recess 
until  2  o'clock  p.  m. 


TWO  O'CLOCK  P.  M. 

The  Convention  again  convened. 

Mr.  Eodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  "  Proposed  constitutional  amend- 
ment, to  amend  Section  6  of  Article  III  of  the  Constitution,  in 
relation  to  the  compensation  and  expenses  of  members  of  the 
legislature." 

Also,  the  Proposed  constitutional  amendment,  introduced  by 
Mr.  Blauvelt  (No.  837,  Int.  No.  31),  entitled  "  Proposed  consti- 
36 


562 


JOURNAL  OF  THE 


tutional  amendment  to  amend  article  seven  by  adding  a  new  sec- 
tion relating  to  highways,"  reports  the  same  as  examined,  found 
correct  and  properly  engrossed. 

ADOLPH   J.   RODENBECK, 

Chairman. 

which  report  was  accepted,  and  said  Proposed  amendments  or- 
dered placed  on  the  third  reading  calendar. 

Upon  the  direction  of  the  President,  the  Secretary  called  the 
roll  of  delegates,  and  the  following  responded : 


Adams 

Dahm 

Jones 

Ostrander 

Smith  E  N 

Aiken 

Dennis 

Kirby 

Owen 

Smith  R  B 

Allen  F  C 

Deyo 

Landreth 

Parker 

Smith  T  F 

Angell 

Dick 

Latson 

Parmenter 

Stanchfield 

Austin 

Donnelly 

Leary 

Parsons 

Standart 

Baldwin 

Donovan 

Leggett 

Pelletreau 

Steinbrink 

Bannister 

Doughty 

Lennox 

Phillips  S  K 

Stimson 

Barrett 

Dow 

Lincoln 

Potter 

Stowell 

Baumes 

Dunlap 

Linde 

Quigg 

Tanner 

Bayes 

Dunmore 

Lindsay 

Reeves 

Tierney 

Beach 

Dykman 

Low 

Rhees 

Tuck 

Bell 

Eisner 

McKinney 

Rodenbeck 

Unger 

Berri 

Eppig 

Mandeville 

Rosch 

Van  Ness 

Betts 

Fancher 

Mann 

Ryan 

Wagner 

Blauvelt 

Fobes 

Martin  F 

Ryder 

Ward 

Bockes 

Foley 

Martin  L  M 

Sanders 

Waterman 

Brackett 

Franchot 

Marshall 

Sargent 

Weed 

Brenner 

Green 

Mathewson 

Saxe  M 

Westwood 

Burkan 

Greff 

Meigs 

Schurman 

White  C  J 

Byrne 

Griffin 

Nicoll  C 

Sears 

Wickersham 

Clinton 

Haffen 

Nicoll  D 

Sharpe 

Wiggins 

Cobb 

Hale 

Nixon 

Shipman 

Wood 

Coles 

Heaton 

Nye 

Slevin 

Young  C  H 

Cullinan 

Johnson 

O'Brian  J  L 

Smith  A  E 

President 

Curran 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole, 
and  proceeded  to  the  consideration  of  the  Special  Order,  being 
"  Proposed  constitutional  amendment  repealing  Sections  1,  2,  3,  4, 
6  and  7  of  Article  V,  and  creating  a  new  Article  V  in  relation  to 
State  Officers"  (No.  831,  Int.  No.  716). 

After  some  time  spent  therein,  the  hour  of  5 :30  o'clock  p.  m. 
having  arrived,  the  Convention  took  a  recess  until  8:30  o'clock 
p.  M. 


CONSTITUTIONAL  CONVENTION  563 


EIGHT  O'CLOCK  AND  THIETY  MINUTES  P.  M. 

The  Convention  again  convened  and  resolved  itself  into  a  Com- 
mittee of  the  Whole,  and  resumed  consideration  of  the  Special 
Order,  being  "  Proposed  constitutional  amendment,  repealing 
Sections  1,  2,  3,  4,  6  and  7  of  Article  V,  and  creating  a  new 
Article  V  in  relation  to  state  officers"  (No.  831,  Int.  No.  716). 

After  some  time  spent  therein,  the  President  resumed  the  chair, 
and  Mr.  M.  Saxe,  from  said  committee,  reported  progress  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

Mf.  Curran  was  excused  on  acount  of  illness. 

The  hour  of  10  :30  o'clock  p.  m.  having  arrived,  the  President 
declared  the  Convention  adjourned. 


SATURDAY,  AUGUST  28,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Eev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Thursday, 
August  26th,  was  approved. 

The  President  presented  the  memorial  of  several  churches  of 
the  city  of  Chicago,  which  was  referred  to  the  Committee  on 
Education. 

Mr.  Heaton  presented  the  resolutions  of  the  sportsmen's  associa- 
tion of  Rensselaer  county,  which  were  referred  to  the  Committee 
on  Conservation. 

Mr.  Green  presented  the  petition  of  residents  of  the  Thirty- 
ninth  Senatorial  District,  which  was  referred  to  the  Committee 
on  Civil  Service. 


564 


JOURNAL  OF  THE 


Upon  the  direction  of  the  President,  the  Secretary  called  the 
roll  of  delegates  and  the  following  responded : 


Adams 

Cullinan 

Kirby 

Olcott 

Smith  E  N 

Aiken 

Dahm 

Landreth 

Ostrander 

Smith  T  F 

Allen  F  C 

Dennis 

Latson 

Parker 

Stanchfield 

Angell 

Deyo 

Law 

Parmenter 

Standart 

Austin 

Dick 

Leggett 

Parsons 

Steinbrink 

Baldwin 

Donnelly 

Lennox 

Pelletreau 

Stimson 

Bannister 

Donovan 

Lincoln 

Phillips  J  S 

Stowell 

Barnes 

Doughty 

Linde 

Phillips  S  K 

Tanner 

Barrett 

Dow 

Lindsay 

Potter 

Tuck 

Baumes 

Dunmore 

Low 

Quigg 

Van  Ness 

Bayes 

Dykman 

Mandeville 

Reeves 

Wadsworth 

Beach 

Eisner 

Mann 

Rhees 

Wagner 

Bell 

Eppig 

Martin  F 

Rodenbeck 

Ward 

Berri 

Fancher 

Martin  L  M 

Rosch 

Waterman 

Blauvelt 

Fobes 

Marshall 

Ryan 

Webber  C  A 

Bockes 

Foley 

Mathewson 

Ryder 

Weed 

Brackett 

Franchot 

Mealey 

Sanders 

Westwood 

Brenner 

Green 

Meigs 

Sargent 

Whipple 

Bunce 

Greff 

Mereness 

Saxe  M 

White  C  J 

Burkan 

Griffin 

Nicoll  C 

Schurman 

Wickersham 

Buxbaum 

Haffen 

Nicoll  D 

Sears 

Wiggins 

Byrne 

Hale 

Nixon 

Sharpe 

Young  C  H 

Clinton 

Heaton 

Nve 

Shipman 

Young  F  L 

Cobb 

Johnson 

O'Brian  J  L 

Slevin 

President 

Coles 

Jones 

O'Brien  M  J 

Smith  A  E 

Mr.  M.  J.  O'Brien,  from  the  Constitutional  Convention  Com- 
mission, presented  the  following  report: 

FINAL  EEPOET  OF  NEW  YOEK  STATE   CONSTITU- 
TIONAL  CONVENTION  COMMISSION 

August  25,  1915 

To  the  Delegates  of  the  Constitutional  Convention  of  the  State 
of  New  York: 

Gentlemen. —  The  Constitutional  Convention  Commission  ap- 
pointed pursuant  to  an  act  of  the  Legislature  (Laws  of  1914, 
chapter  261)  to  collect,  compile  and  print  information  and  data 
for  the  Constitutional  Convention  of  1915,  herewith  respectfully 
submits  its  final  report. 

The  first  work  of  the  Commission  was  devoted  to  determining 
the  character  of  the  information  which  would  be  most  useful  to 
the  Delegates  and  which  could  be  obtained  within  the  amount 
appropriated  for  the  expenses  of  the  Commission. 

In  its  report  to  the  Convention  under  date  of  May  19th,  1915 
(Document  No.  6),  the  Commission  set  forth  fully  the  ten  publica- 
tions which  it  planned  to  supply  to  the  Delegates,  and  it  is  a 
source  of  satisfaction  to  the  Commission  that  it  is  now  able  to 
report  that  all  these  publications  have  been  completed  and  dis- 
tributed to  the  Delegates  together  with  an  additional  report  on 


CONSTITUTIONAL  CONVENTION  565 

"  The  Relation  of  the  State  to  the  City  School  System  "  which  is 
included  in  the  publication  "  City  and  County  Government " — 
«  Special  Topics  ". 

Of  all  these  publications  one  thousand  copies  were  printed, 
except  Publication  No.  6  which  is  a  complete  text  of  the  New 
York  State  Constitution,  as  amended  to  January  1,  1915,  contain- 
ing ample  margins,  wide  spaces  between  the  lines  and  alternate 
blank  pages  of  which  publication  only  five  hundred  copies  were 
printed.  After  supplying  the  Delegates  and  those  applying,  who 
it  was  thought  were  entitled  to  copies,  including  one  hundred  and 
twenty  copies  of  Publication  No.  8  furnished  the  Westchester 
County  Research  Bureau,  and  two  hundred  and  fifty  copies  of 
Publication  No.  3  furnished  the  Legislative  Drafting  Research 
Fund  of  Columbia  University,  which  bodies  so  ably  assisted  the 
Commission  in  the  work  of  those  publications,  there  are  now  left 
about  six  hundred  and  fifty  copies  of  most  of  the  publications. 
The  Commission  now  suggests,  subject  to  the  approval  of  this 
Convention,  that  the  remaining  copies  be  distributed  in  the  fol- 
lowing manner :  First,  to  all  Law  Libraries  and  Public  Libraries 
of  the  cities  of  the  State ;  second,  to  all  the  leading  Universities  ol 
the  country  and,  third,  the  remaining  copies,  if  any,  to  the  State 
Public  Libraries  throughout  the  United  States.  In  this  way,  the 
valuable  information  contained  in  these  publications  will  be  pre- 
served for  all  time  and  will  always  be  readily  accessible. 

The  amount  originally  appropriated  for  the  use  of  the  Com- 
mission was  ten  thousand  dollars  to  which  amount  five  thousand 
dollars  was  added  by  subsequent  legislation,  together  with  ten 
thousand  dollars  granted  by  resolution  of  this  Convention,  making 
a  total  of  twenty-five  thousand  dollars  at  the  disposal  of  the  Com- 
mission for  the  expenses  of  its  publications. 

Annexed  hereto  is  a  financial  statement  showing  the  manner  in 
which  the  above  mentioned  amount  has  been  expended.  From 
this  statement  it  will  appear  that  the  Commission  has  kept  well 
within  the  total  amount  appropriated  and  has  at  present  a  balance 
remaining  on  hand.  This  statement  is  respectfully  submitted  to 
this  Convention  for  its  approval,  and  the  Commission  also  requests 
that  the  Convention  authorize  the  distribution  of  the  remaining 
copies  of  the  publications  in  the  manner  heretofore  mentioned. 

The  Commission  takes  this  occasion  to  acknowledge  its  indebted- 
ness to  all  the  individuals,  public  officers  and  bodies  who  have 
so  generously  co-operated  in  furnishing  the  data  and  information 
for  the  various  publications  and,  in  addition  to  the  acknowledg- 
ments made  by  the  Commission,  to  publicly  express  its  apprecia- 
tion of  all  this  invaluable  assistance. 

The  Commission,  therefore,  respectfully  requests  that  the  Con- 
vention adopt  the  resolution  submitted  herewith,  thanking  those 


566  JOURNAL  OF  THE 

who  have  contributed  to  the  publications  which  have  been  prepared 
and  supplied  to  the  Delegates  of  this  Convention  and  which  we 
trust  have  been  of  service. 

Respectfully  submitted, 

Morgan  J.  O'Brien, 

Chairman. 
Robert  F.  Wagner, 
Edward  Schoeneck, 
Thaddeus  C.  Sweet, 
Samson  Lactiman, 
John  H.  Finley. 

New  York  State  Constitutional  Convention  Commission. 
Financial  Statement,  August,  1915 

Expenditures  made  from  the  sum  of  $15,000  appropriated  by 
Laws  1914,  chapters  261  and  530,  and  by  Laws  1915,  chapters 
201,  for  material  relating  to  the  State  in  general. 
Publication  No.  1 

Lincoln's   Constitutional   History,    181    sets  at 

$9.50  per  set   ' $1,717  50 

Publication  No.  2 

New  York  State  Constitution  Annotated  Parts 
I  and  II 

Printing  1,000  copies 1,051  50 

Printing  250  extra  copies  of  Part  II 62  50 

Binding  250  extra   copies   of   Part   II   in 

paper  covers 5  00 

Wrapping  and  mailing  Part  II.  ....... .  15  00 

Binding  1,000  copies,  Part  I  and  II,   to- 
gether in  black  imitation  flexible  leather  300  00 
Publication  No.  3 

Subject  Index  Digest  of  State  Constitutions 

Legislative  Drafting  Research  Fund ......  1,000  00 

Printing  1,000  copies 3,295  50 

Binding  1,000  copies  in  imitation  flexible 

leather    300  00 

30  sets  of  galley  proof 120  00 

Publication  No.  4 

Government  of  the  State  of  New  York 

Binding   300    copies    in   imitation   flexible 

leather 51  00 

Printing  and  binding  700  additional  copies  700  00 


CONSTITUTIONAL  CONVENTION  567 

Publication  No.  5 

Eevision  of  the  State  Constitution 

Academy  of  Political  Science ,        $1,000  00 

Binding  150  copies,  Parts  I  and  II  to- 
gether in  paper  covers 22  50 

Binding  850  copies,  Parts  I  and  II  sepa- 
rately in  flexible  leather 510  00 

Boxing  300  sets  of  Publications  Nos.  4  and  5  and 

delivering  170  sets 64  00 

Publication  No.  6 

Interleaved  State  Constitution 

Printing  50€  copies,  binding  200  copies 
in   flexible   leather   and    150    copies   in 

paper 600  00 

Publication  No.  9 

Constitution   and   Government   of  the   State  of 
New  York  —  An  Appraisal 

Bureau  of  Municipal  Research 733  85 

Printing  title  paare,  letter  of  transmittal  and 

binding  100  copies  in  flexible  leather.  .  308  84 

Proportionate  share  of  secretary's  salary.  720  00 

Expended  under  secretary's  direction  for 
preparation  of  copy  for  Publications  Nos 
2  and  6,  proof-reading,  etc.,  stenographic 
and  typewriting  work,  clerical  work  in 
connection    with    secretary's    office,    and 

stamps 1,317  34 

J.  B.  Lyon  Co.  for  printing  stationery,  cir- 
cular  letters,   etc 85  77 

Thorpe's   Constitutions,   etc.,   5   sets 10  50 

Newspaper  clippings 15  00 

Dougherty's     Constitutional     History,     10 

copies    25  00 

Secretary's  future  expenses    (estimated)  .  .  50  00 
Future  transportation  charges  for  deliver- 
ing publications   (estimated) 400  00 

Total $14,482  80 


New  York  State  Constitutional  Convention  Commission. 

Expenditures  made  from  the  sum  of  $10,000  appropriated  by 
Laws  1915,  chapter  624,  for  material  relating  to  city  and  county 
government. 


568  JOURNAL  OF  THE 

Publication  No.  7 

Government  of  the  City  of  New  York 

Academy  of  Political  Science 

Binding  1,000  copies 

Publication  No.   8 

County  Government  of  New  York 

Printing  1,000   copies 

Binding  1,000  copies  in  flexible  leather.  .  . 
Publication  No.    10 

'City  and  County  Government 

1.  Monroe  County 

Printing   1,200    copies 

Binding  200  copies  in  paper 

2.  City  of  Rochester 

Printing  1,200  copies.  .  . 

Binding  200  copies  in  paper 

3.  Nassau  County 

Printing  1,200  copies 

Binding  200  copies  in  paper 

4.  Relation  of  State  to  City  School  System 

Printing   1,200   copies 

Binding  200  copies  in  paper 

Binding  1,000  copies  of  above  4  pamphlets 

in  flexible  leather  and  printing  title  page 

Proof  reading  on  city  and  county  publica- 
tions  

Proportionate  share  of  secretary's  salary.  . 

J.  B.  Lyon  Co.,  boxing  and  handling  1,000 
copies  of  Government  of  City  of  New 

York 60  00 

Bureau  of  Municipal  Research 

Cost  of  services  in  connection  with  the  prep- 
aration of  the  report  on  the  Organiza- 
tion and  Functions  of  the  Government  of 
the  City  of  New  York 2,111  11 

Cost  of  services  in  connection  with  the  prep- 
aration of  the  report  on  the  Revenues 
and  Expenditures  of  the  Government  of 
the  City  of  New  York  for  the  five  years, 
1910-1914 1,363  77 

Total $8,975  62 


$750  00 
300  00 

2,359 
300 

43 
00 

156 

2 

14 
00 

278 
2 

55 
00 

263 

2 

30 
00 

212 

2 

51 
00 

303 

56' 

29 

480 

25 

00 

CONSTITUTIONAL  CONVENTION  569 

Mr.  M.  J.  O'Brien  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following : 

Resolved,  That  this  Convention  approve,  subject  to  audit  by 
the  Committee  on  Contingent  Expenses,  the  amounts  expended 
by  the  Constitutional  Convention  Commission  as  set  forth  in  its 
report,  dated  August,  1915;  and  be  it  further 

Resolved,  That  this  Convention  hereby  approves  of  the  pro- 
posed distribution  of  the  remaining  copies  of  the  publications 
issued  by  the  said  Commission  in  accordance  with  the  plan  out- 
lined in  the  Commission's  report;  and  be  it  further 

Resolved,  That  this  Convention  hereby  acknowledges  its  grateful 
appreciation  for  the  valuable  aid  it  has  received  from  all  those 
who  have  so  generously  co-operated  with  the  Commission  in  the 
preparation  of  the  publications  which  have  been  of  value  to  this 
Convention  in  the  preparation  of  a  new  Constitution. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  thanks  of  this  Convention  are  hereby  ex- 
tended to  the  members  of  the  Constitutional  Convention  Commis- 
sion for  their  very  efficient  services  in  the  preparation  of  the 
valuable  publications  prepared  under  its  directions  for  the  use  of 
the  members  of  this  Convention. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

By  unanimous  consent,  Mr.  A.  E.  Smith  introduced  the  fol- 
lowing proposal:  " Proposed  constitutional  amendment  to  amend 
Section  nine  of  Article  V  of  the  Constitution,  in  relation  to 
eligibility  for  civil  service  examination"  (Int.  No.  723),  which 
was  read  twice,  ordered  printed  and  referred  to  the  Committee 
on  Civil  Service. 

Mr.  Burkan  presented  the  following  minority  report  on  pro- 
posed amendment  No.  836  (Int.  No.  722) : 

To  the  Convention: 

The  undersigned  respectfully  dissent  from  the  report  of  the 
majority  recommending  the  adoption,  among  others,  in  Article  III, 


570  JOURNAL  OF  THE 

Section  4,  of  the  following  provisions,  to  wit :  "  No  county  shall 
have  more  than  one-third  of  all  the  Senators,  and  no  counties  as 
now  organized  wholly  contained  within  the  limits  of  a  single  city, 
shall  have  more  than  one-half  of  all  the  Senators." 

This  proposal  extends  the  existing  limitations  upon  the  legisla- 
tive representation  of  but  two  adjoining  counties  to  all  the  counties 
embraced  within  a  city. 

The  object  sought  to  be  accomplished  by  this  proposal  is  to 
limit  the  representation  of  the  city  of  New  York  in  the  Senate 
to  not  more  than  one-half  of  all  the  Senators,  however  large  and 
increasing  its  population,  and  without  regard  to  the  number  of 
counties  within  its  boundaries.  While  New  York  city  is  not 
definitely  named  in  the  proposal,  obviously  it  can  only  apply  to 
the  city  of  New  York  as  there  is  no  other  city  which,  within  the 
next  twenty  years,  is  likely  to  come  within  its  purview.  The 
proposal  denies  to  the  people  of  the  city  of  New  York  their  rightful 
representation  in  the  State  government;  it  deprives  them  of  an 
equality  of  representation  in  the  Legislature.  The  practical  opera- 
tion of  these  provisions  requires  that  every  Senator  in  New  York 
city  shall  represent  a  much  larger  population  than  the  average  of 
Senators  from  other  sections  of  the  State  for  they  prevent  the 
city  of  New  York  regardless  of  population  from  electing  a  ma- 
jority of  the  State  Legislature.  Thus  a  minority  of  the  electorate 
of  the  State  controls  the  State  government,  dominates  its  policies 
and  is  enabled  to  enact  oppressive  legislation  affecting  even  the 
purely  local  affairs  of  the  city.  The  reasons  advanced  for  the 
extension  of  the  limitation  are  that  it  will  prevent  the  city  with  its 
preponderance  in  population  from  dominating  the  entire  State, 
controlling  State  affairs  and  committing  sectional  oppression.  We 
are  persuaded  that  the  proposal  is  inspired  rather  by  a  partisan 
desire  to  continue  the  control  of  the  Legislature  in  the  hands  of 
the  political  party  dominant  in  the  rural  sections  of  the  State,  and 
to  perpetuate  the  present  oppressive  control  and  interference  in 
matters  purely  of  local  city  concern. 

It  was  suggested  in  the  debate  before  the  Convention  on  the 
proposal  to  strike  out  the  present  limitation  of  New  York  city 
representation  in  the  Legislature,  the  grievance  of  the  city  against 
legislative  dominance  and  interference  in  local  concerns  would  be 
corrected  by  complete,  full  and  adequate  "  Home  Rule." 

The  "  Home  Rule  "  article  advanced  to  third  reading  signally 
fails  to  accomplish  this  object.  The  provision  of  the  "Home 
Rule  "  article  permitting  the  Legislature  by  joint  resolution  to 


CONSTITUTIONAL  CONVENTION  571 

nullify  any  charter  or  important  amendment  thereto  adopted  by 
the  city,  throws  the  most  important  local  problems  of  the  city 
into  the  mill  of  State  politics. 

Kespectfully  submitted, 

(Signed)  A.  E.  Smith, 

Nathan  Burkan. 
Dated  August  27,  1915. 

Mr.  Deyo  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  this  Convention  extend  to  Governor  Charles 
S.  Whitman  its  hearty  congratulations  and  best  wishes  on  this 
anniversary  of  his  birth  and  Vice-Presidents  Jacob  Gould  Schur- 
man  and  Morgan  J.  O'Brien  are  respectfully  requested  to  convey 
to  him  this  expression  of  the  Convention. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Tierney,  the  Convention  determined  to  re- 
main in  session  until  two  o'clock  p.  m.  to-day  and  then  adjourn 
until  Monday. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order,  being 
u  Proposed  constitutional  amendment  repealing  sections  one, 
two,  three,  four,  six  and  seven  of  Article  V  and  creating  a  new 
article  V  in  relation  to  State  officers."      (No.  831,  Int.  No.  716.) 

After  some  time  spent  therein,  the  President  resumed  the 
chair,  and  Mr.  M.  Saxe  from  said  committee  reported  progress 
and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

The  hour  of  two  o'clock  p.  m.  having  arrived,  the  President 
declared  the  Convention  adjourned. 


572 


JOURNAL  OF  THE 


MONDAY,  AUGUST  30,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President  in 
the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wicker  sham  the  journal  of  Friday,  August 
27th,  was  approved. 

Upon  the  direction  of  the  President  the  Secretary  called  the 
roll  of  delegates  and  the  following  responded : 


Aiken 

Devo 

Leggett 

Pelletreau 

Stowell 

Angell 

Dick 

Lincoln 

Quigg 

Tanner 

Austin 

Donnelly 

Linde 

Rhees 

Tierney 

Bannister 

Dow 

Lindsay 

Rosch 

Tuck 

Barnes 

Drummond 

Low 

Sanders 

Unger 

Barrett 

Dunmore 

McKinney 

Sargent 

Van  Ness 

Bayes 

Dykman 

Mandeville 

Saxe  J  G 

Wadsworth 

Beach 

Eisner 

Martin  F 

Saxe  M 

Wagner 

Bell 

Eppig 

Martin  L  M 

Schoonhut 

Ward 

Berri 

Fobes 

Marshall 

Schurman 

Waterman 

Betts 

Franchot 

Meigs 

Sears 

Webber  C  A 

Blauvelt 

Frank 

Mereness 

Sheehan 

Weber  R  E 

Bockes 

Green 

Nicoll  C 

Shipman 

Weed 

Brackett 

Greff 

Nicoll  D 

Slevin 

Westwood 

Bunce 

Griffin 

Nixon 

Smith  A  E 

White  C  J 

Burkan 

Haffen 

Nye 

Smith  E  N 

Wickersham 

Byrne 

Hale 

O'Brian  J  L 

Smith  R  B 

Wiggins 

Clinton 

Heaton 

O'Connor 

Smith  T  F 

Williams 

Cobb 

Jones 

Olcott 

Stanchfield 

Wood 

Coles 

Kirby 

Parker 

Standart 

Young  F  L 

Daly 

Landreth 

Parmenter 

Steinbrink 

President 

Dennis 

Latson 

Parsons 

Stimson 

Mr.  F.  Martin  presented  the  memorial  of  the  Tenants  Union  of 
New  York  which  was  referred  to  the  Committee  on  Bill  of  Eights. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  presented  the 
following  report : 

The  Committee  on  Rules  recommends  the  adoption  of  the  fol- 
lowing special  rule : 

Resolved,  That  when  the  Committee  of  the  Whole  resumes  con- 
sideration of  General  Order  No.  59,  all  speeches  after  three  o'clock 
p.  m.  be  limited  to  ten  minutes  each ;  the  final  vote  to  be  taken  not 
later  than  ten  o'clock  p.  m. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order,  being 


CONSTITUTIONAL  CONVENTION 


573 


u  Proposed  constitutional  amendment  repealing  sections  one,  two, 
three,  four,  six  and  seven  of  Article  V  and  creating  a  new  Article 
V  in  relation  to  State  Officers  "  (No.  831,  Int.  No.  716). 

After  some  time  spent  therein  the  President  resumed  the  chair, 
and  Mr.  M.  Saxe  from  said  committee  reported  progress  and  asked 
leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Wickersham  the  Convention  took  a  recess  until 
two  o'clock  p.  M. 


TWO  O'CLOCK  P.  M. 

The  Convention  again  convened. 

Upon  the  direction  of  the  President  the  Secretary  called  the 
roll  of  delegates  and  the  following  responded : 


Adams 

Dahm 

Jones 

Parker 

Stanchfield 

Aiken 

Daly 

Kirby 

Parmenter 

Standart 

Allen  F  C 

Dennis 

Landreth 

Parsons 

Steinbrink 

Angell 

Deyo 

Latson 

Pelletreau 

Stimson 

Austin 

Dick 

Law 

Phillips  J  S 

Stowell 

Baldwin 

Donnelly 

Leggett 

Phillips  S  K 

Tanner 

Bannister 

Doughty 

Lincoln 

Quigg 

Tierney 

Barnes 

Dow 

Linde 

Reeves 

Tuck 

Barrett 

Drummond 

Lindsay 

Rhees 

linger 

Baumes 

Dunlap 

Low 

Richards 

Vanderlyn 

Bayes 

Dunmore 

McKean 

Rodenbeck 

Van  Ness 

Beach 

Dykman 

McKinney 

Rosch 

Wadsworth 

Bell 

Eisner 

Mandeville 

Ryder 

Wagner 

Bernstein 

Eppig 

Marshall 

Sanders 

Ward 

Berri 

Fancher 

Martin  F 

Sargent 

Waterman 

Betts 

Fobes 

Martin  L  M 

Saxe  J  G 

Webber  C  A 

Blauvelt 

Foley 

Mathewson 

Saxe  M 

Weed 

Bockes 

Ford 

Mealey 

Schoonhut 

Westwood 

Brackett 

Franchot 

Meigs 

Schurman 

Wheeler 

Bunce 

Frank 

Mereness 

Sears 

White  C  J 

Burkan 

Gladding 

Nicoll  C 

Sharpe 

Wickersham 

Buxbaum 

Green 

Nicoll  D 

Sheehan 

Wiggins 

Byrne 

Greff 

Nixon 

Shipman 

Winslow 

Clearwater 

Griffin 

O'Brian  J  L 

Slevin 

Wood 

Clinton 

Haffen 

O'Brien  M  J 

Smith  A  E 

Young  C  H 

Cobb 

Hale 

O'Connor 

Smith  E  N 

Young  F  L 

Coles 

Heaton 

Olcott 

Smith  R  B 

President 

Curran 

Hinman 

Ostrander 

Smith  T  F 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  resumed  the  consideration  of  the  special  order,  being  Pro- 
posed constitutional  amendment  repealing  sections  one,  two, 
'three,  four,  six  and  seven  of  article  five  and  creating  a  new 
article  five  in  relation  to  State  officers.     (No.  831,  Int.  No.  716.) 


574  JOURNAL  OF  THE 

After  some  time  spent  therein  the  hour  of  five  o'clock  and 
thirty  minutes  p.  m.  having  arrived  the  Convention  took  a  recess 
until  eight  o'clock  and  thirty  minutes. 


EIGHT  O'CLOCK  AND  THIKTY  MINUTES  P.  M. 

The  Convention  again  convened  and  resolved  itself  into  a 
Committee  of  the  Whole  and  resumed  consideration  of  said 
special  order. 

After  some  time  spent  therein  the  President  resumed  the 
chair  and  Mr.  M.  Saxe  from  said  committee  reported  progress 
and  asked  leave  to  sit  again  with  an  extension  of  two  hours  in  the 
time  for  debate. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  extending  the  time  for  debate  and  it  was  determined  in  the 
affirmative. 

The  Convention  thereupon  again  resolved  itself  into  a  Com- 
mittee of  the  Whole  and  resumed  consideration  of  said  special 
order. 

After  some  time  spent  therein  the  President  resumed  the  chair 
and  Mr.  M.  Saxe  from  said  committee  reported  progress  and 
asked  leave  to  sit  again  with  an  extension  of  one  hour  in  the  time 
for  debate. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  extending  the  time  for  debate  and  it  was  determined  in  the 
affirmative. 

Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  Proposed  constitutional  amend- 
ment, introduced  by  Mr.  Marshall  (No.  145,  Int.  No.  145), 
entitled  "  Proposed  constitutional  amendment  to  amend  Article 
XV  of  the  Constitution  with  respect  to  the  time  when  the  Con- 
stitution is  to  go  into  effect." 

Also,  the  Proposed  constitutional  amendment  introduced  by 
the  Committee  on  Future  Amendments  (No.  838,  Int.  No.  715), 
entitled  "  Proposed  constitutional  amendment  to  amend  Article 
XIV   of   the   Constitution,    in    relation   to   future    amendments 


CONSTITUTIONAL  CONVENTION  575 

and  revisions  of  the  Constitution,  and  permitting  the  validity  of 
an  election  on  a  question  submitted  and  the  determination  of  the 
result  of  such  an  election  to  be  contested  by  any  elector  in  an 
action  brought  in  the  supreme  court  and  by  making  provision 
with  respect  to  questions  coincidently  submitted  by  a  Convention 
and  the  Legislature/'  reports  the  same  as  examined,  found  correct 
and  correctly  engrossed. 

ADOLPH  J.  RoDENBECK, 

Chairman. 

which  report  was  accepted  and  said  Proposed  amendments  ordered 
placed  on  the  third  reading  calendar. 

Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  Proposed  constitutional  amend- 
ment (No.  804,  Int.  No.  711),  introduced  by  the  Committee  on 
Suffrage,  entitled  "  Proposed  constitutional  amendment  to  amend 
section  four  of  Article  II  of  the  Constitution,  in  respect  to  the 
enactment  of  election  and  registration  laws,"  reports  the  same 
with  the  following  recommendations : 

Page  two,  line  fivea  enclose  with  brackets  the  word  "  voters " 
and  insert  in  italics  after  the  last  bracket  the  word  "  electors." 

ADOLPH   J.   RODENBECK, 

Chairman. 

which  report  was  accepted  and  said  Proposed  amendment  ordered 
reprinted  and  engrossed  for  a  third  reading. 

Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  Proposed  constitutional  amend- 
ment (No.  699,  Int.  290),  introduced  by  Mr.  R.  B.  Smith,  en- 
titled "  Proposed  constitutional  amendment  to  amend  section  ten 
of  Article  III  of  the  Constitution,  in  relation  to  the  powers  of  each 
house  of  the  legislature,"  reports  the  same,  with  the  following 
recommendations : 

Page  one,  line  five,  after  "  proceedings  "  insert  a  comma  en- 
closed with  brackets. 

Page  one,  line  six,  after  "  members  "  insert  a  semicolon  en- 
closed with  brackets. 

Page  one,  line  seven,  after  "  officers  "  and  before  the  period 
insert  a  semicolon  enclosed  with  brackets. 


576  JOURNAL  OF  THE 

Page  two,  line  two,  strike  out  "  be  "  and  insert  in  italics  "be- 
come ". 

Page  two,  line  three,  strike  out  "  be "  and  insert  in  italics 
Ci  become  ". 

ADOLPH  J.  RoDENBECK, 

Chairman. 

which  report  was  accepted  and  said  Proposed  amendment  ordered 
reprinted  and  engrossed  for  a  third  reading. 

The  Convention  thereupon  again  resolved  itself  into  a  Commit- 
tee of  the  Whole  and  resumed  consideration  of  said  special  order. 

After  some  time  spent  therein  the  President  resumed  the  Chair 
and  Mr.  M.  Saxe  from  said  committee  reported  in  favor  of  the 
passage  of  said  Proposed  amendment  with  amendments,  which 
report  was  agreed  to  and  said  Proposed  amendment  ordered 
reprinted  as  amended  and  to  a  third  reading. 

Mr.  Griffin  was  excused  from  the  sessions  of  Tuesday,  August 
31st 

Mr.  Johnson  was  excused  from  this  day's  sessions. 

On  motion  of  Mr.  Wickersham,  the  Convention  adjourned  until 
Tuesday,  August  31st,  at  eleven  o'clock  a.  m. 


TUESDAY,  AUGUST  31,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President  in 
the  Chair. 

Prayer  by  Rev.  Charles  S.  Hager. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Saturday, 
August  28th,  was  approved. 

Mr.  Dahm  presented  the  petition  of  Spanish- American  War 
Veterans,  which  was  referred  to  the  Committee  on  Civil  Service. 

The  President  presented  the  petition  of  the  Committee  of  En- 
gineers, which  was  referred  to  the  Committee  on  Governor  and 
Other  State  Officers. 

Also,  the  resolutions  of  the  Spanish-American  War  Veterans 
Civil  Service  Association,  which  were  referred  to  the  Committee 
on  Civil  Service. 


CONSTITUTIONAL  CONVENTION  577 

Mr.  Olcott  presented  the  communication  of  Charles  Francis 
Cramer,  which  was  referred  to  the  Committee  on  Civil  Service. 

Mr.  Lincoln  moved  to  take  from  the  table  his  resolution  to  dis- 
charge the  Committee  on  Eevision  and  Engrossment  from  further 
consideration  of  Proposed  amendment  entitled  "  Proposed  consti- 
tutional amendment  to  amend  section  four  of  Article  II  of  the 
Constitution,  in  respect  to  the  enactment  of  election  and  registra- 
tion Laws"  (No.  804,  Int.  711). 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  to  take  from  the  table  and  it  was  determined 
in  the  affirmative. 

Said  resolution  being  announced  debate  was  had. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution  and  it  was  determined  in  the  affirmative. 

Said  Proposed  amendment  having  been  announced  Mr.  Lincoln 
moved  that  the  same  be  recommitted  to  the  Committee  on  Suffrage 
with  instructions  to  report  the  same  forthwith  amended  to  read  as 
follows : 

Section  four  of  article  two  of  the  constitution  is  hereby  amended 
to  read  as  follows: 

§  4.  Laws  shall  be  made  for  the  regulation  of  elections  and  for 
ascertaining [,]  by  proper  proofs [,]  the  [citizens]  electors  who 
shall  be  entitled  to  the  right  of  suffrage  hereby  established  [,]  and 
for  [the]  their  annual  registration  [of  voters],  which  [registra- 
tion] shall  be  completed  at  least  [ten]  fifteen  days  before  each 
general  election.  Such  registration  shall  not  be  required  for 
town  and  village  elections  except  by  express  provision  of  law. 
In  cities  and  villages  having  five  thousand  inhabitants  or  more, 
according  to  the  last  preceding  state  enumeration  of  inhabitants, 
[voters]  electors  shall  be  registered  upon  personal  application 
only.  Laws  may  be  made  providing  for  special  registration 
therein  on  personal  application  before  such  boards  or  officers  as 
the  legislature  shall  designate,  on  a  day  or  days  not  more  than 
five  months  prior  to  the  day  of  election,  of  such  electors  as  shall 
then  declare  under  oath  that  they  are  engaged  in  a  regular  voca- 
tion or  occupation  which  will  occasion  their  absence  from  the 
county  during  each  of  the  regular  days  of  registration.  Such 
laws  shall  require  electors  so  specially  registered  to  establish,  on 
the  first  regular  day  of  registration,  their  continued  right  to  vote 

37 


578  JOURNAL  OF  THE 

in  the  election  district  for  which  they  were  registered  but  shall 
not  require  further  personal  appearance [ ;  but  voters].  Electors 
not  residing  in  such  cities  or  villages  shall  not  be  required  to 
apply  in  person  for  registration  at  the  first  meeting  of  the  officers 
having  charge  of  the  registry  of  [voters.]  electors. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

Mr.  Cullinan  from  the  Committee  on  Suffrage  reported  said 
Proposed  amendment  amended  as  directed  and  the  same  was 
ordered  reprinted  and  placed  on  the  order  of  third  reading. 

Mr.  Clinton  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Revision  and  Engrossment 
be  discharged  from  the  further  consideration  of  proposed  amend- 
ment (No.  830,  Int.  No.  710),  entitled  "  Proposed  constitutional 
amendment  to  amend  section  eight  of  Article  VII  of  the  Con- 
stitution, in  relation  to  the  disposal  of  canal  terminals  and  sur- 
plus waters  of  the  canals  and  the  title  to  State  appropriations." 

which  was  agreed  to. 

Said  Proposed  amendment  having  been  announced,  Mr.  Clinton 
moved  that  the  same  be  recommitted  to  the  Committee  on  Canals 
with  instructions  to  report  the  same  forthwith  amended  as  follows : 

Lines  7  and  8,  page  3,  strike  out  the  words  "  which  shall  cease 
to  be  a  portion  of  the  canal  system  of  this  state  as  above  denned  ". 

Line  24,  page  3,  strike  out  the  word  "  any  "  and  insert  in 
place  thereof  the  words  "  the  Black  river  ". 

Page  3,  strike  out  lines  19,  20,  21  and  the  words  "  of  dams, 
reservoirs  or  other  structures  "  and  insert  in  place  thereof  tl  The 
leasing  of  surplus  waters  of  any  of  the  state  canals  or  canal 
feeders  or  of  any  waters  impounded  by  the  construction  of  dams, 
reservoirs  or  other  structures  shall  hereafter  be  pursuant  to  gen- 
eral laws  only". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

Mr.  Clinton  from  the  Committee  on  Canals  reported  said  Pro- 
posed amendment  amended  as  directed  and  the  same  was  ordered 
reprinted  and  placed  on  the  order  of  third  reading. 


CONSTITUTIONAL  CONVENTION  57D 

Mr.  Low  from  the  Committee  on  Cities,  to  which  were  referred 
Proposed  constitutional  amendments,  Introductory  No.  489, 
Printed  No.  501,  introduced  by  Mr.  Bayes,  in  relation  to  regula- 
tion and  restriction  with  respect  to  height  and  use  of  buildings ; 
Introductory  No.  669,  Printed  No.  686,  introduced  by  Mr.  Ban- 
nister, in  relation  to  the  height  and  dimensions  of  buildings  in 
cities,  towns  and  villages;  Introductory  No.  670,  Printed  No.  687, 
introduced  by  Mr.  Bannister,  in  relation  to  the  use  and  character 
of  the  occupancy  of  buildings  in  cities,  towns  and  villages ;  Intro- 
ductory No.  671,  Printed  No.  688,  introduced  by  Mr.  Bannister, 
in  relation  to  authorizing  cities,  towns  and  villages  to  take  real 
property  dangerous  to  public  health  or  safety,  reported  by  Pro- 
posed amendment,  entitled  "  Proposed  constitutional  amendment 
to  amend  Article  III  of  the  Constitution,  in  relation  to  the  delega- 
tion of  power  to  municipalities  for  certain  purposes."  Int.  No. 
724,  which  was  read  twice  and  said  committee  reported  in  favor 
of  the  passage  of  the  same,  which  report  was  agreed  to  and  said 
proposition  ordered  printed  and  referred  to  the  Committee  of  the 
Whole. 

Mr.  Rodenbeck  from  the  Committee  on  Revision  and  Engross- 
ment to  which  was  referred  the  Proposed  constitutional  amend- 
ment (No.  744,  Int.  No.  385)  introduced  by  Mr.  R.  B.  Smith, 
entitled  "  Proposed  Constitutional  amendment  to  amend  sections 
six  and  seven  of  Article  IV  of  the  Constitution,  in  relation  to 
succession  to  the  office  of  Governor,"  reports  the  same  with  the 
following  recommendations : 

Page  1,  line  8,  strike  out  "  be  "  at  the  end  of  the  line  and  insert 
in  italics  the  word  "  become  ". 

Page  2,  line  21,  after  "  lieutenant-governor  "  insert  in  italics 
"  such  vacancy  shall  be  filled  for  the  remainder  of  the  term  at 
the  next  general  election  happening  not  less  than  three  months 
after  such  vacancy  occurs ;  and  in  any  such  case,  until  the  vacancy 
be  filled  by  election. 

Page  2,  line  23,  strike  out  "  commencement "  and  insert  in 
italics  "  first  day  ". 

Page  2,  line  24,  strike  out  "  first  annual  "  and  strike  out  all 
after  "  which  "  and  insert  in  italics  "  the  office  of  Governor  shall 
be  filled  ". 


580  JOURNAL  OF  THE 

Page  2,  strike  out  line  25  and  part  of  line  twenty-six  down  to 
and  including  the  period. 

Page  2,  line  22,  strike  out  "  be  "  at  the  end  of  the  line  and 
insert  in  italics  the  word  "  become  ". 

ADOLPH  J.  RoDENBECK, 

Chairman. 

which  report  was  accepted  and  said  Proposed  amendment  ordered 
reprinted  and  engrossed  for  a  third  reading. 

Mr.  Rhees  from  the  Committee  on  Civil  Service  presented  the 
following  report : 

REPORT  OF  COMMITTEE  ON  CIVIL  SERVICE 

The  Committee  on  Civil  Service  to  which  the  following  Pro- 
posed constitutional  amendments  were  referred,  to  wit: 

Introductory  No.  29,  introduced  by  Mr.  Olcott. 

Introductory  No.  53,  introduced  by  Mr.  Dunmore. 

Introductory  No.  77,  introduced  by  Mr.  Phillips. 

Introductory  No.  136,  introduced  by  Mr.  Unger. 

Introductory  No.  138,  introduced  by  Mr.  Quigg. 

Introductory  No.  142,  introduced  by  Mr.  Steinbrink  (by  re- 
quest). 

Introductory  No.  237,  introduced  by  Mr.  Donovan. 

Introductory  No.  263,  introduced  by  Mr.  Heyman. 

Introductory  No.  281,  introduced  by  Mr.  Adams. 

Introductory  No.  284,  introduced  by  Mr.  Mann. 

Introductory  No.  351,  introduced  by  Mr.  Wood. 

Introductory  No.  427,  introduced  by  Mr.  C.  Nicoll. 

Introductory  No.  508,  introduced  by  Mr.  Quigg. 

Introductory  No.  528,  introduced  by  Mr.  Steinbrink  (by  re- 
quest). 

Introductory  No.  614,  introduced  by  Mr.  Weed. 

Introductory  No.  641,  introduced  by  Mr.  McKean  (by  request). 

Introductory  No.  642,  introduced  by  Mr.  McKean  (by  request). 

Introductory  No.  657,  introduced  by  Mr.  Rhees  (by  request). 

Introductory  No.  658,  introduced  by  Mr.  Rhees  (by  request), 

report  adversely  upon  the  same. 

The  committee  has  held  public  hearings  on  the  different  pro- 
posals submitted  and  listened  also  to  several  State  and  municipal 
officials  of  extensive  experience  in  the  administration  of  the  civil 


CONSTITUTIONAL  CONVENTION  581 

service.  The  committee  has  also  received  many  letters  and  volu- 
minous petitions  both  in  favor  of  and  in  opposition  to  the  various 
proposals  referred  to  and  has  formed  its  conclusion  after  extended 
and  careful  consideration. 

The  proposals  submitted  to  the  committee  advocate  the  extension 
of  civil  service  preference  either  in  appointment,  or  in  promotion, 
or  retention,  or  in  all  of  these,  to  veterans  of  the  Spanish  American 
War,  to  all  honorably  discharged  soldiers,  sailors  and  marines  of 
the  Army  and  Navy  of  the  United  States  who  enlisted  from  this 
State,  to  honorably  discharged  members  of  the  National  Guard 
and  Naval  Militia  of  this  State,  to  exempt  volunteer  firemen,  to 
all  employees  in  the  classified  service  of  ten  years  experience  in  the 
employment  of  the  State;  and  the  extension  to  all  civil  servants 
of  the  right  of  trial  and  court  review  before  removal  from  the 
service. 

The  information  submitted  to  the  committee  indicates  that 
there  are  at  present  over  fifteen  thousand  employees  in  the  classi- 
fied service  of  the  State  and  in  addition  about  fifty-three  thousand 
in  the  civil  divisions  thereof,  a  total  of  sixty-eight  thousand 
places  in  the  classified  civil  service.  We  are  informed  that  there 
are  some  twenty-five  thousand  Spanish  War  veterans  resident  in 
the  State,  that  there  are  approximately  two  hundred  thousand 
volunteer  firemen,  that  there  are  about  thirty  thousand  honorably 
discharged  members  of  the  National  Guard  and  Naval  Militia  in 
the  State.  Concerning  the  number  of  soldiers,  sailors  and  ma- 
rines honorably  discharged  from  the  Army  and  Navy  of  the 
United  States  who  reside  in  this  State  we  have  no  information. 
These  proposed  preferred  groups  are  nearly  four  times  as  many 
in  number  as  there  are  places  in  the  classified  public  service. 

Against  the  granting  of  any  such  preference  in  the  civil  service 
we  have  received  strong  protests  from  many  heads  of  departments 
in  the  State  government  and  from  mayors  and  department  heads 
of  many  of  the  cities  of  the  State,  as  well  as  from  superintendents 
of  State  and  municipal  institutions.  All  these  men  have  had  ex- 
perience in  making  appointments  in  the  civil  service,  some  of  them 
for  many  years.  With  one  voice  they  protest  that  preference  for 
special  classes  works  disaster  to  the  morals,  the  discipline  and  the 
efficiency  of  the  office  for  which  they  are  responsible. 

These  facts  have  convinced  the  majority  of  your  committee  that 
no  change  should  be  recommended  in  the  present  form  of  the  civil 
service  section  of  the  Constitution. 

The  dissatisfaction  with  the  existing  provisions  which  prevails 
in  the  minds  of  some  advocates  of  a  more  thorough  application 


582  JOURNAL  OF  THE 

of  the  merit  system  in  the  civil  service,  is  due  we  believe  to  failures 
in  administration,  not  to  inadequacy  of  the  constitutional  mandate. 

To  insure  a  clearer  recognition  of  the  need  for  consistent  and 
faithful  administration  of  the  laws  enacted  to  enforce  that  man- 
date of  the  Constitution,  your  committee  has  recommended  that 
the  Civil  Service  Commission  he  made  a  constitutional  department 
of  government,  and  the  recommendation  has  been  incorporated  in 
the  amendment  proposed  by  the  Committee  on  Governor  and 
other  State  officers. 

The  committee  has  been  actuated  throughout  by  a  strong  desire 
to  reinforce  the  merit  system  in  the  administration  of  the  civil 
service.  That  desire  has  led  us  after  careful  consideration  of  all 
proposals  to  report  adversely  to  any  change  in  the  broad  and  com- 
prehensive language  of  section  nine  of  Article  Y. 

Respectfully  submitted, 

(Signed)  Rush  Rhees, 

Samuel  K.  Phillips, 
Geo.  W.  Wickersham, 
Charles  M.  Dow, 
James  L.  Nixon, 
Homer  E.  A.  Dick, 
Andrew  P.  McKean, 
E.  Clarence  Aiken, 
Francis  A.  Winslow. 

The  unanimous  testimony  presented  to  the  committee  by  heads 
of  State  and  city  departments  was  to  the  effect  that  any  further 
exemptions  from  the  civil  provisions  of  the  Constitution  would 
be  detrimental  to  the  efficiency  of  the  civil  service. 

For  that  reason  I  am  compelled  to  unite  in  the  recommendation 
of  the  committee  that  no  amendment  should  be  made  to  section 
nine  of  Article  V  of  the  Constitution. 

(Signed)  Israel  T.  Deyo. 

In  my  opinion  the  Constitution  should  contain  provision  for  the 
continuance  of  the  merit  system,  but  should  be  free  from  any 
reference  to  preferences,  leaving  such  matters  entirely  to  legisla- 
tive enactment.  I  am  personally  in  favor  of  granting  to  war 
veterans  preference  in  appointment  only,  but  such  preference 
should  be  extended  only  to  those  whose  marks  upon  civil  service 


CONSTITUTIONAL  CONVENTION  583 

examination  are  above  a  certain  minimum,  which  minimum  should 
be  higher  than  the  minimum  required  for  passing  the  examination. 
In  other  words,  if  the  minimum  percentage  requisite  to  admission 
to  the  civil  service  list  is  75  per  cent.,  any  veteran  who  has  re- 
ceived for  example,  85  per  cent,  or  more,  shall  be  preferred  in 
appointment  over  all  others,  even  though  such  others  may  have 
received  a  higher  standing.  There  is  no  reason  why  public  offices 
should  be  filled  by  those  whose  attainments  are  mediocre  and  it 
would  be  far  better  for  the  State  to  adopt  a  system  of  pensions 
than  to  have  its  work  poorly  done  by  incompetent  public  servants. 
Probably  it  would  be  cheaper  in  the  end.  However,  by  adopting 
a  rule  which  would  raise  the  standard  as  above  specified,  so  far  as 
veterans  are  concerned,  a  method  of  reward  would  be  achieved 
without  an  impairment  of  the  civil  service.  This,  however,  should 
not  be  included  in  any  constitutional  enactment  but  left  to  the 
Legislature,  and  I  therefore  concur  in  the  finding  of  the  majority 
of  the  Committee. 

(Signed)  Mark  Eisner. 

Mr.  Mann  presented  the  following  minority  report : 

With  a  great  respect  for  the  judgment  of  the  majority  of  the 
Committee  on  Civil  Service,  and  a  proper  regard  for  its  opinion, 
the  undersigned,  a  minority  of  the  Committee  on  Civil  Service, 
find  themselves  unable  to  agree  in  all  respects  with  such  majority, 
and  present,  as  a  minority  report,  the  following: 

I.  We  believe  that  there  is  no  reason  in  logic  or  justice  why  there 
should  not  be  accorded  to  the  Spanish-American  War  Veterans, 
if  not  the  same,  certainly  some  of  the  privileges  given  to  veterans 
of  the  Civil  War.  The  patriotic  motives  of  those  who  enlisted 
in  the  Union  army  in  the  Civil  War  inspired  those  who  enlisted 
in  the  Spanish-American  War.  In  our  judgment,  the  efficiency 
of  the  Civil  Service  would  be  strengthened  by  the  training  which 
a  military  experience  necessarily  gives;  and  a  recognition  of 
patriotic  sacrifice  will  go  far  toward  providing  an  incentive  for 
similar  service  on  the  part  of  the  youth  of  our  land,  should  the 
emergency  arise. 

We,  therefore,  urge  the  passage  of  amendment,  Printed  No. 
630,  Int.  No.  614,  hereto  annexed. 

Frank  Mann, 
John  W.  Weed, 
W.  T.  Dunmore. 


584  JOURNAL  OF  THE 

II.  In  addition  to  the  foregoing,  we  submit  that  to  make  the 
Oivil  Service,  in  fact  (as  well  as  in  theory)  one  of  merit  and 
fitness,  no  loophole  should  exist  for  political  advantage  or  unjust 
preferment  therein.  The  Legislature  should  have  power  to  enact 
laws  compelling  the  appointment  of  the  candidate  who  procures 
the  highest  standing  in  competitive  examinations,  which  power 
is  denied  to  it  in  the  case  of  People,  etc,  v.  Mosher,  163  ST.  Y. 
32.  Else  the  Civil  Service  Article  may  be  made  to  defeat  its 
very  purpose,  which  purpose  is  the  substitution  of  merit  for 
political  availability,  and  of  fitness  for  nepotism.  So,  too,  pro- 
vision should  be  made  fully  to  protect  Civil  Service  employees 
from  arbitrary  removal,  or  the  political  change  of  competitive 
positions  to  the  exempt  class. 

III.  The  Civil  Service  of  the  State  should,  so  far  as  practi- 
cable, be  from  among  residents  of  the  State.  "  New  York  for 
New  Yorkers  "  is  a  maxim  that  can  find  its  best  application  in 
the  Civil  Service.  We  know  of  no  reason  why  the  State  or 
municipality  should  be  permitted  to  support  a  horde  of  foreign 
dependents  who  draw  salaries  from  the  State  of  New  York  to 
expend  such  salaries  in  the  development  of  other  States.  It  is 
unjust  and  uneconomical  that  our  already  overburdened  taxpay- 
ers should  indirectly  be  compelled  to  contribute  to  the  revenues 
of  such  other  states.  It  is  difficult  enough,  in  these  times  of 
fiscal  stress,  to  meet  the  exactions  of  our  own  Excelsior  State 
extravagance.  Besides,  it  must  be  patent  that  a  Civil  Service 
employee  will  be  most  efficient  in  the  service  of  his  home  State, 
the  welfare  of  which  is  a  vital  financial  and  social  concern  to 
him  and  his. 

Therefore,  We  additionally  recommend  that  (a)  provisions  be 
made  permitting  the  Legislature  to  compel  the  appointment  of 
the  fittest  candidate;  (b)  that  safeguards  be  thrown  about  Civil 
Service  employees  to  save  them  from  unjust  removal  or  "  ripper  " 
legislation;  and^  (c)  a  preference  be  given  to  residents  of  this 
State  in  appointment  and  promotion;  or  should  that  be  inex- 
pedient, that  only  residents  of  the  State  be  employed  in  its  Civil 
Service. 

Albert  Blogg  Unger, 
Eugene  Lamb  Richards. 

which  said  reports  were  referred  to  the  Committee  of  the  Whole. 

Proposed  amendment  (No.  819,  Int.  No.  291),  entitled  "Pro- 
posed constitutional  amendment  to  amend  Article  III  and  Section 


cotfsTmmoif al  convention 


►85 


four  of  Article  IV  of  the  Constitution,  in  relation  to  voluntary 
sessions  of  the  Legislature  and  the  Assembly." 
was  read  the  third  time  and  passed,  a  majority  of  the  delegates 
elected  to  the  convention  voting  in  favor  thereof. 
Those  who  voted  in  the  affirmative  were : 


Adams 

Dennis 

Kirby 

Olcott 

Smith  R  B 

Ahearn 

Deyo 

Kirk 

Ostrander 

Stanchfield 

Aiken 

Dick 

Landreth 

Owen 

Standart 

Allen  F  C 

Donnelly 

Latson 

Parker 

Steinbrink 

Angell 

Donovan 

Law 

Parmenter 

Stimson 

Austin 

Doughty 

Leary 

Parsons 

Stowell 

Bannister 

Dow 

Leggett 

Pelletreau 

Tierney 

Barrett 

Drummond 

Lincoln 

Phillips  J  S 

Tuck 

Baumes 

Dunlap 

Linde 

Phillips  S  K 

Unger 

Bayes 

Dunmore 

Lindsay 

Potter 

Vanderlyn 

Beach 

Dykman 

Low 

Quigg 

Van  Ness 

Bell 

Eisner 

McKean 

Raeves 

Wadsworth 

Bernstein 

Endres 

McKinney 

Rhees 

Wafer 

Berri 

Eppig 

Mandeville 

Richards 

Ward 

Betts 

Fancher 

Mann 

Rosch 

Waterman 

Blauvelt 

Fobes 

Martin  F 

Ryan 

Webber  C  A 

Bockes 

Fogarty 

Martin  L  M 

Ryder 

Weed 

Brackett 

Ford 

Mathewson 

Sanders 

Westwood 

Brenner 

Franch  3t 

Meigs 

Sargent 

Whipple 

Bunce 

Frank 

Mereness 

Saxe  M 

White  C  J 

Burkan 

Gladding 

Mulry 

Schoonhut 

Wickersham 

Buxbaum 

Green 

Newburger 

Schurman 

Wiggins 

Byrne 

Greff 

Nicoll  C 

Sears 

Williams 

Clinton 

Haffen 

Nicoll  D 

Sharpe 

Winslow 

Cobb 

Hale 

Nixon 

Sheehan 

Wood 

Coles 

Heaton 

Nye 

Slevin 

Young  C  H 

Cullinan 

Hinman 

O'Brien  M  J 

Smith  A  E 

Young  F  L 

Dahm 

Johnson 

O'Connor 

Smith  E  N 

President 

Daly 

Jones 

In  the 

negative : 

Marshall 

142 


Proposed  amendment  (No.  820,  Int.  No.  698),  entitled  "Pro- 
posed constitutional  amendment  to  amend  Section  one  of  Article 
IX  of  the  Constitution,  in  relation  to  the  supervision  and  control 
by  the  State  of  the  education  of  children,"  having  been  announced, 
debate  was  had. 

Mr.  Stanchfield  moved  to  recommit  said  Proposed  amendment 
to  the  Committee  of  the  Whole. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Proposed  amendment  (No.  835,  Int.  No.  697),  entitled  "Pro- 
posed constitutional  amendment  to  amend  Section  six  of  Article 


586 


JOUKKAL  OF  THE 


III  of  the  Constitution,  in  relation  to  the  compensation  and  ex- 
penses of  members  of  the  Legislature." 

having  been  announced, 

Mr.  Deyo  moved  to  recommit  said  Proposed  amendment  to  the 
Committee  of  the  Whole. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

Said  Proposed  amendment  was  then  read  the  third  time  and 
passed,  a  majority  of  the  delegates  elected  to  the  Convention  voting 
in  favor  thereof. 

Those  who  voted  in  the  affirmative  were : 


Adams 

Daly 

Kirk 

Olcott 

Stanchfield 

Ahearn 

Dennis 

Landreth 

Owen 

Standart 

Aiken 

Dick 

Latson 

Parker 

Stimson 

Austin 

Donnelly 

Law 

Parsons 

Stowell 

Bannister 

Donovan 

Leary 

Phillips  J  S 

Tierney 

Barrett 

Dooling 

Leggett 

Reeves 

Tuck 

Baumes 

Doughty 

Lennox 

Richards 

Unger 

Bayes 

Dow 

Lincoln 

Rodenbeck 

Vanderlyn 

Beach 

Drummond 

Linde 

Rosch 

Van  Ness 

Bell 

Dykman 

Lindsay 

Ryan 

Wafer 

Bernstein 

Eisner 

Low 

Sanders 

Ward 

Blauvelt 

Endres 

McKinney 

Sargent 

Waterman 

Bockes 

Eppig 

Martin  F 

Saxe  J  G 

Webber  C  A 

Brenner 

Fobes 

Mathewson 

Saxe  M 

Weed 

Bunce 

Fogarty 

Mulry 

Schoonhut 

Westwood 

Burkan 

Franchot 

Newburger 

Sears 

Whipple 

Buxbaum 

Frank 

Nicoll  C 

Sharpe 

White  C  J 

Byrne 

Gladding 

Nicoll  D 

Sheehan 

Wickersham 

Clearwater 

Green 

Nye 

Shipman 

Wiggins 

Clinton 

Greff 

O'Brian  J  L 

Slevin 

Williams 

Cobb 

Haffen 

O'Brien  M  J 

Smith  A  E 

Winslow 

Coles 

Hinman 

O'Connor 

Smith  R  B 

Young  F  L 

Dahm 

Those  who  voted  in 

the  negative  were : 

Allen  F  C 

Dunlap 

Kirby 

Nixon 

Schurman 

Angell 

Dunmore 

McKean 

Ostrander 

Smith  E  N 

Barnes 

Fancher 

Mandeville 

Parmenter 

Steinbrink 

Berri 

Ford 

Mann 

Pelletreau 

Wads  worth 

Betts 

Hale 

Martin  L  M 

Phillips  S  K 

Wood 

Brackett 

Heaton 

Marshall 

Quigg 

Young  C  H 

Cullinan 

Johnson 

Meigs 

Rhees 

President 

Deyo 

Jones 

Mereness 

Ryder 

in 


39 

The  hour  of  one  o'clock  p.  m.  having  arrived  the  President 
declared  the  convention  in  recess  until  two  o'clock  and  thirty 
minutes  p.  m. 


CONSTITUTIONAL  CONVENTION  587 


TWO    O'CLOCK   AND    THIRTY   MINUTES   P.   M. 

The  convention  again  convened. 

Mr.  Rodenbeck  from  the  Committee  on  Revision  and  Engross- 
ment to  which  was  referred  the  Proposed  constitutional  amend- 
ment, introduced  by  the  Committee  on  Governor  and  other  State 
Officers  (No.  831,  Int.  No.  716),  entitled  "  Proposed  constitu- 
tional amendment  repealing  sections  one,  two,  three,  four,  six 
and  seven  of  Article  V  and  creating  a  new  article  five  in  relation 
to  state  officers,"  reports  the  same,  with  the  following  recom- 
mendations : 

In  section  one,  number  and  enumerate  the  departments  consecu- 
tively omitting  repetition  of  the  words  "A  department  of  ". 

Renumber  section  two,  relating  to  the  distribution  of  powers 
among  the  departments,  to  be  section  three  so  that  it  will  follow 
the  descriptive  matter  relating  to  the  departments  in  present  sec- 
tions three  to  nineteen  inclusive. 

Renumber  present  section  three  to  be  section  two  and  include 
in  the  section,  as  unnumbered  paragraphs,  the  matter  now  con- 
tained in  sections  four  to  nineteen  inclusive. 

Renumber  sections  twenty,  twenty-one  and  twenty-two  to  be 
sections  four,  five  and  six,  respectively. 

In  the  paragraph  relating  to  the  public  service  commissions  the 
words  "  there  shall  be  "  have  been  stricken  out  and  the  words  "  the 
department  of  public  utilities  shall  consist  of  "  have  been  sub- 
stituted in  their  place  to  make  the  description  of  the  departments 
uniform. 

Page  6,  line  4,  the  word  "  for  "  has  been  omitted. 

Adolph  J.  Rodenbeck, 

Chairman. 

Consideration  of  said  report  was  laid  upon  the  table  and  said 
proposition  ordered  printed  to  conform  with  the  Proposed  amend- 
ments for  the  information  of  the  convention. 


588 


JOUBNAL  OF  TJtfi 


Upon  the  direction  of  the  President  the  secretary  called  the 
roll  of  delegates  and  the  following  responded: 


Adams 

Dahm 

Kirby 

O'Brien  M  J 

Smith  A  E 

Ahearn 

Daly 

Kirk 

O'Connor 

Smith  E  N 

Aiken 

Dennis 

Landreth 

Olcott 

Smith  R  B 

Allen  FC 

Deyo 

Latson 

Ostrander 

Stanchfield 

Angell 

Dick 

Law 

Owen 

Standart 

Austin 

Donnelly 

Leary 

Parker 

Steinbrink 

Bannister 

Donovan 

Leggett 

Parmenter 

Stimson 

Barnes 

Dooling 

Lennox 

Parsons 

Stowell 

Barrett 

Dow 

Linde 

Phillips  J  S 

Tuck 

Baumes 

Drummond 

Lindsay 

Phillips  S  K 

Unger 

Bayes 

Dunlap 

Low 

Potter 

Van  Ness 

Beach 

Dunmore 

McKean 

Quigg 

Wadsworth 

Bell 

Dykman 

McKinney 

Reeves 

Wafer 

Bernstein 

Endres 

Mandeville 

Rhees 

Ward 

Berri 

Eppig 

Mann 

Richards 

Waterman 

Betts 

Fancher 

Martin  F 

Rodenbeck 

Webber  C  A 

Blauvelt 

Fobes 

Martin  L  M 

Rosch 

Weed 

Bockes 

Fogarty 

Marshall 

Ryan 

Westwood 

Brackett 

Ford 

Mathewson 

Sanders 

Whipple 

Brenner 

Franchot 

Mealy 

Sargent 

White  C  J 

Buncs 

Frank 

Meigs 

Saxe  J  G 

Wickersham 

Burkan 

Gladding 

Mereness 

Saxe  M 

Wiggins 

Buxbaum 

Haffen 

Newburger 

Schoonhut 

Winslow 

Clearwater 

Hale 

Nicoll  C 

Schurman 

Wood 

Clinton 

Heaton 

Nicoll  D 

Sears 

Young  C  H 

Cobb 

Hinman 

Nixon 

Sharpe 

Young  F  L 

Coles 

Johnson 

Nye 

Sheehan 

President 

Cnrran 

Jones 

O'Brian  J  L 

Shipman 

Doughty 

Lincoln 

Pelletreau 

Tierney 

143 


Proposed  amendment  (No.  825,  Int.  No.  708)  entitled  "  Pro- 
posed constitutional  amendment  to  insert  in  the  Constitution  a 
new  article  in  relation  to  the  conservation  of  natural 
resources." 

Having  been  announced.    Debate  was  had. 

Mr.  A.  E.  Smith  moved  that  the  same  be  recommitted  to  the 
Committee  on  Conservation  with  instructions  to  report  the  same 
forthwith  amended  as  follows: 

After  the  word  "  district"  in  line  4,  insert:  "  No  person  shall 
be  eligible  to  or  shall  continue  to  hold  the  office  of  commissioner, 
who  is  engaged  in  the  business  of  lumbering  in  any  forest  preserve 
county,  or  who  is  engaged  in  any  business  in  the  prosecution  of 
which  hydraulic  power  is  used,  or  in  which  water  is  distributed  or 
sold  under  any  public  franchise,  or  who  is  an  officer  or  holder  of 
the  stock  or  bonds  of  any  corporation  engaged  in  such  business 
within  the  State." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 
Mr.  A.  E.  Smith  moved  that  the  same  be  recommitted  to  the 


CONSTITUTIONAL  CONVENTION  589 

Committee  on  Conservation  with  instructions  to  report  the  same 
forthwith  amended  as  follows: 

Page  2,  line  12,  after  the  word  "  state  "  insert  "  and  with  the 
enforcement  of  the  general  laws  of  the  State  in  respect  thereof.' f 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

Mr.  Whipple  moved  that  the  same  be  recommitted  to  the 
Committee  on  Conservation  with  instructions  to  report  the  same 
forthwith  amended  as  follows: 

Strike  out  all  of  section  six. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

Mr.  Cobb  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  Conservation  with  instructions  to  report  the  same  forth- 
with amended  as  follows: 

Page  3,  strike  out  last  sentence  of  section  two  and  insert  in 
place  thereof  the  following: 

"  Nothing  herein  contained  shall  prevent  the  State  from  con- 
structing highways  within  the  forest  preserve,  but  no  highway 
shall  be  constructed  across  lands  of  the  State  excepting  by  unani- 
mous consent  of  the  conservation  commission." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and- it  was  determined  in  the  negative. 

Mr.  Dow  from  the  Committee  on  Conservation  reported  said 
Proposed  amendment  amended  as  directed  and  the  same  was 
ordered  reprinted  and  placed  on  the  order  of  third  reading. 

Proposed  amendment  (No.  834,  Int.  No.  679),  entitled  "Pro- 
posed constitutional  amendment  to  amend  the  Constitution,  by 
inserting  a  new  article,  in  relation  to  taxation. " 

Having  been  announced  Mr.  Olcott  moved  that  said  bill  be 
recommitted  to  the  Committee  on  Taxation  with  instructions 
to  report  the  same  forthwith  amended  as  follows: 

On  page  2,  line  23,  strike  out  the  period  at  the  end  of  the  line 
and  add  operating  in  two  or  more  counties  none  of  which  is 
within  a  city.  But  nothing  herein  contained  shall  interfere  with 
the  assessment  of  special  franchise  taxes  by  State  authorities." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 


590 


JOUKXAL  OF  THE 


Mr.  Sharpe  moved  that  said  bill  be  recommitted  to  the  Com- 
mittee on  Taxation  with  instructions  to  report  the  same  forthwith 
amended  as  follows: 

Amend  section  two,  by  striking  out  on  page  2,  all  of  line  4, 
following  the  period,  and  all  of  lines  5,  6  and  7  and  the  syllable 
"  withstanding  "  and  the  period  in  line  8,  and  by  striking  out  in 
line  8,  the  word  "  supervision." 

And  amend  section  three,  by  inserting  on  page  2,  line  10,  after 
the  word  "  real  "  the  words  "  and  personal  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

Said  proposed  amendment  was  then  read  the  third  time  and 
passed,  a  majority  of  the  delegates  elected  to  the  Convention 
voting  in  favor  thereof. 

Those  who  voted  in  the  affirmative  were: 


Adams 

Dahm 

Heaton 

Nixon 

Smith  E  N 

Ahearn 

Daly 

Johnson 

Nve 

Smith  R  B 

Aiken 

Dennis 

Kirby 

O'Brian  J  L 

Standart 

Allen  F  C 

Deyo 

Kirk 

O'Connor 

Steinbrink 

Angell 

Dick 

Landreth 

Parmenter 

Stimson 

Bannister 

Donovan 

Law 

Parsons 

Tierney 

Barrett 

Dooling 

Leary 

Pelletreau 

Unger 

Baumes 

Doughty 

Leggett 

Phillips  S  K 

Van  Ness 

Bayes 

Dow 

Lincoln 

Quigg 

Wadsworth 

Beil 

Drummond 

Linde 

Reeves 

Wafer 

Bernstein 

Dunlap 

Lindsay 

Rhees 

Ward 

Berri 

Eggleston 

Low 

Richards 

Waterman 

Betts 

Eppig 

McKinney 

Rosch 

Webber  C  A 

Brenner 

Fancher 

Mandeville 

Ryan 

Weed 

Bunce 

Fogarty 

Mann 

Ryder 

Westwood 

Burkan 

Franchot 

Martin  L  M 

Sanders 

Whipple 

Buxbaum 

Frank 

Marshall 

Sargent 

Wickersham 

Clearwater 

Gladding 

Mathewson 

Saxe  M 

Winslow 

Clinton 

Green 

Mealy 

Schoonhut 

Young  C  H 

Cobb 

Greff 

Meigs 

Schurman 

Young  F  L 

Coles 

Haffen 

Newburger 

Sears 

President 

Cullinan 

Hale 

Nicoll  C 

Smith  A  E 

Those  who  voted  in 

the  negative 

were: 

Austin 

Fobes 

Mereness 

Potter 

Stowell 

Beach 

Ford 

Nicoll  D 

Saxe  J  G 

Tuck 

Bockes 

Jones 

Olcott 

Sharpe 

Vanderlyn 

Dunmore 

Latson 

Ostrander 

Sheehan 

White  C  J 

Dykman 

Lennox 

Parker 

Shipman 

Wiggins 

Endres 

Martin  F 

Phillips  J  S 

109 


28 


Proposed  amendment  (No.  828,  Int.  No.  718),  entitled  "Pro- 
posed constitutional  amendment  to  amend  Article  VI  of  the  Con- 
stitution generally." 


CONSTITUTIONAL  CONVENTION  591 

Having  been  announced  Mr,  Wickersham  moved  that  the  same 
be  recommitted  to  the  Committee  on  the  Judiciary  with  instruc- 
tions to  report  the  same  forthwith  amended  as  follows: 

Page  7,  line  9,  strike  out  the  words  "  to  the  appellate  division  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

Mr.  Wickersham  moved  that  the  same  be  recommitted  to  the 
Committee  on  the  Judiciary  with  instructions  to  report  the  same 
forthwith  amended  as  follows: 

Page  20,  line  21,  place  bracket  before  "  a  "  second  occurring. 
Line  22,  place  bracket  after  "  elected  ". 

Insert  in  italics  after  the  last  bracket  "  the  first  or  second 
judicial  department  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

Mr.  Wickersham  moved  that  the  same  be  recommitted  to  the 
Committee  on  the  Judiciary  with  instructions  to  report  the  same 
forthwith  amended  as  follows: 

Page  29,  line  6,  strike  out  "  such  further  jurisdiction  ". 

Page  29,  line  7,  strike  out  all  of  line. 

Page  29,  line  8,  strike  out  the  word  "  have  ". 

Mr.  Donnelly  moved  to  amend  said  motion  by  adding  thereto 
the  following: 

Insert  the  following  in  line  10,  after  the  word  "  dollars  " : 
"  Such  court  shall  have  likewise  the  equity  jurisdiction  now  pos- 
sessed by  county  courts  but  such  jurisdiction  shall  be  exercised 
only  within  the  respective  counties  of  such  city  by  the  judges 
elected  within  such  counties." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  to  amend  and  it  was  determined  in  the 
affirmative. 

Mr.  President  then  put  the  question  whether  the  Convention 
would  agree  to  said  motion  as  amended  and  it  was  determined 
in  the  affirmative. 

Mr.  J.  G.  Saxe  moved  that  the  same  be  recommitted  to  the 
Committee  on  the  Judiciary  with  instructions  to  report  the  same 
forthwith  amended  as  follows: 

Page  29,  line  10,  strike  out  the  word  "  five  "  and  insert  the 
word  "  three  ". 


592  JOURNAL  OF  THE 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

Mr.  Dahm  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  the  Judiciary  with  instructions  to  report  the  same 
forthwith  amended  as  follows: 


Section  eight,  page  12,  by  adding  after  the  word  "  standing  ", 
in  line  11,  the  following:  "  who  are  not  related  to  any  of  the  jus- 
tices of  such  department ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

Mr.  Schurman  moved  that  the  same  be  recommitted  to  the 
Committee  on  the  Judiciary  with  instructions  to  report  the  same 
forthwith  amended  as  follows: 

With  section  eight,  amended  by  striking  out  all  after  the  period 
in  line  15,  on  page  12,  down  to  and  including  the  period  in  line 
7  on  page  13. 

And  by  striking  out  also  the  words  "  and  official  referees  "  in 
line  8,  on  page  13. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

Mr.  Leggett  moved  that  the  same  be  recommitted,  to  the  Com- 
mittee on  the  Judiciary  with  instructions  to  report  the  same 
forthwith  amended  as  follows: 

On  page  12,  strike  out  all  after  the  period  following  the  word 
"  appointed"  in  line  15,  and  on  page  13,  strike  out  all  from  the 
beginning  down  to  and  including  the  period  following  the  word 
"  law  "  in  line  7.  Also,  in  line  8,  strike  out  the  words  "  and 
official  referees  ".  At  the  end  of  the  section  add  "  Former  judges 
and  justices  of  any  court  shall  not  be  appointed  to  any  public 
office  having  judicial  functions." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

Mr.  Burkan  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  the  Judiciary  with  instructions  to  report  the  same 
forthwith  amended  as  follows: 

Page  7,  line  9,  strike  out  all  after  the  word  "  only  ".  Strike  out 
all  of  line  10  and  all  of  line  11  to  the  period  and  substitute  in 
place  thereof,  the  following: 


CONSTITUTIONAL  CONVENTION  593 

(1)  Where  one  or  more  of  the  justices  who  heard  the  case 
dissents  from  the  decision  of  the  court. 

(2)  From  a  judgment  or  order  entered  upon  the  decision  of  any 
appellate  term  of  the  supreme  court  which  finally  determines  an 
action  or  special  proceeding  commenced  in  the  city  court  of  the 
city  of  New  York,  where  is  directly  involved  the  construction  of 
the  Constitution  of  the  State  or  of  the  United  States,  the  statutes 
of  the  State,  or  any  charter  of  the  city  of  New  York,  but  the  juris- 
diction of  the  appellate  division  in  such  cases  shall  be  limited  to  the 
review  of  questions  of  law. 

(3)  From  an  order  granting  a  new  trial  in  an  action  com- 
menced in  the  city  court  of  the  city  of  New  York,  where  the 
appellant  stipulates  that  upon  the  affirmance  judgment  absolute 
shall  be  rendered  against  him. 

(4)  From  an  order  or  judgment  of  the  appellate  term  reversing 
or  modifying  a  judgment  of  the  trial  court  in  an  action  com- 
menced in  the  city  court  of  the  city  of  New  York. 

(5)  When  the  appellate  term  on  reversing  or  modifying  a 
judgment  make  new  findings  of  fact  and  render  judgment  thereon. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

Mr.  F.  Martin  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  the  Judiciary  with  instructions  to  report  the  same  forth- 
with amended  as  follows : 

Line  16,  after  the  word  "  appeals  "  insert  "if  in  the  opinion  of 
said  court  it  is  deemed  advisable,  may  "  and  strike  out  on  said  line 
16,  the  word  "  shall  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

Mr.  Lincoln  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  the  Judiciary  with  instructions  to  report  the  same  forth- 
with amended  as  follows: 

On  line  11,  page  21,  after  the  word  "  elected  "  insert  "  for  acts 
committed  either  before  or  during  the  term  of  office  of  the  official 
impeached." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

Mr.  Lincoln  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  the  Judiciary  with  instructions  to  report  the  same 
forthwith  amended  as  follows: 

On  page  11,  line  21,  after  the  word  "elected  "  insert  "  but  only 
38 


594  JOURNAL  OF  THE 

for  acts  committed  during  the  term  of  office  during  which  the 
official  is  impeached  or  for  acts  by  which  the  official  was  nominated 
or  elected  for  such  term." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

Mr.  D.  Nicoll  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  the  Judiciary  with  instructions  to  report  the  same  forth- 
with amended  as  follows: 

Strike  out  on  page  26,  lines  5  and  6,  the  words  "  or  in  any 
boroughs  contained  within  a  city  or  within  districts  created  for 
that  purpose." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

Mr.  Coles  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  the  Judiciary  with  instructions  to  report  the  same 
forthwith   amended   as  follows: 

Amend  section  29  as  follows: 

Page  34,  line  15,  strike  out  words  "  judicial  authentication  and 
guaranty  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

Mr.  Dunmore  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  the  Judiciary  with  instructions  to  report  the  same  forth- 
with amended  as  follows : 

On  page  8,  last  line,  after  the  word  "  state  ",  insert  "  or  be- 
tween conflicting  claimants  "  so  that  the  sentence  as  amended  shall 
read :  "  The  court  shall  have  the  jurisdiction  now  exercised  by 
it  and  such  additional  jurisdiction  to  hear  and  determine  claims 
against  the  State  or  between  conflicting  claimants  as  the  Legis- 
lature may  provide." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

Mr.  Wickersham  from  the  Committee  on  the  Judiciary  reported 
said  Proposed  Amendment  amended  as  directed  and  the  same  was 
ordered  reprinted  and  placed  on  the  order  of  third  reading. 

Mr.  J.  L.  O'Brian  from  the  Committee  on  Rules  presented 
the  following  report: 


CONSTITUTIONAL  CONVENTION 


595 


The  Committee  on  Rules  recommends  the  adoption  of  the  fol- 
lowing special  rules: 

Resolved,  That  the  following  matters  be  made  special  orders  for 
consideration  when  the  Convention  next  goes  into  the  Committee 
of  the  Whole: 

General  order  65,  county  government. 

General  order  51,  legislative  powers. 

That  debate  on  each  special  order  be  limited  to  one  hour  and 
that  the  speeches  of  individual  members  be  limited  to  ten  minutes 
each. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution  and  it  was  determined  in  the 
affirmative. 

The  hour  of  five  o'clock  and  thirty  minutes  p.  m.  having 
arrived  the  President  declared  the  Convention  in  recess  until 
eight  o'clock  and  thirty  minutes  p.  m. 


EIGHT   O'CLOCK  AND   THIRTY   MINUTES  P.   M. 

The  Convention  again  convened. 

Upon  the  direction  of  the  President  the  secretary  called  the 
roll  of  delegates  and  the  following  responded. 


Adams 

Curran 

Heaton 

O'Brien  M  J 

Smith  E  N 

Ahearn 

Dahm 

Johnson 

O'Connor 

Stanchfield 

Aiken 

Daly 

Jones 

Ostrander 

Standart 

Allen  F  C 

Dennis 

Kirby 

Parmenter 

Steinbrink 

Austin 

Deyo 

Landreth 

Parsons 

Stowell 

Bannister 

Dick 

Latson 

Pelletreau 

Tuck 

Barnes 

Donnelly 

Law 

Phillips  S  K 

Van  Ness 

Barrett 

Donovan 

Leggett 

Potter 

Wadsworth 

Baumes 

Doughty 

Lennox 

Quigg 

Wafer 

Bayes 

Dow 

Lincoln 

Reeves 

Ward 

Beach 

Dunmore 

Linde 

Rhees 

Webber  C  A 

Bell 

Eggleston 

Lindsay 

Richards 

Weed 

Berri 

Eppig 

Low 

Rosch 

Westwood 

Betts 

Fancher 

Mandevllle 

Ryan 

Whipple 

Blauvelt 

Fobes 

Mann 

Ryder 

White  C  J 

Bockes 

Fogarty 

Martin  F 

Sanders 

Wickersham 

Brenner 

Franchot 

Martin  L  M 

Sargent 

Wiggins 

Bunce 

Frank 

Marshall 

Saxe  M 

Williams 

Buxbaum 

Green 

Mathewson 

Schoonhut 

Winslow 

Clearwater 

Greff 

Mealy 

Schurman 

Wood 

Clinton 

Griffin 

Mereness 

Sears 

Young  C  H 

Cobb 

Haffen 

Nixon 

Sharpe 

Young  F  L 

Coles 

Hale 

Nye 

Sheehan 

President 

Cullinan 

Harawitz 

O'Brian  J  L 

Shipman 

119 


596 


JOURNAL  OF  THE 


Proposed  Amendment  (No.  827,  Int.  No.  371),  entitled  "  Pro- 
posed constitutional  amendment  to  amend  section  eleven  of 
Article  VIII  of  the  Constitution,  in  relation  to  the  duties  and 
powers  of  the  State  Commission  in  Lunacy." 

Was  read  the  third  time  and  passed,  a  majority  of  the  dele- 
gates elected  to  the  Convention  voting  in  favor  thereof. 

Those  who  voted  in  the  affirmative: 


Adams 

Curran 

Jones 

Pelletreau 

Stowell 

Ahearn 

Dahm 

Kirby 

Phillips  S  K 

Tuck 

Aiken 

Daly 

Landreth 

Potter 

Unger 

Allen  F  C 

Dennis 

Latson 

Quigg 

Van  Ness 

Austin 

Deyo 

Law 

Reeves 

Wadsworth 

Bannister 

Dick 

Lennox 

Rhees 

Wafer 

Barrett 

Doughty 

Lincoln 

Richards 

Ward 

Baumes 

Dow 

Linde 

Rosch 

Waterman 

Bayes 

Dunmore 

Low 

Ryan 

Webber  C  A 

Beach 

Eggleston 

Mandeville 

Ryder 

Weed 

BeU 

Eppig 

Mann 

Sanders 

Westwood 

Berri 

Fancher 

Martin  L  M 

Sargent 

Whipple 

Betts 

Fobes 

Mereness 

Schoonhut 

White  C  J 

Blauvelt 

Fogarty 

Nixon 

Schurman 

Wickersham 

Bockes 

Franchot 

Nye 

Sears 

Wiggins 

Brenner 

Frank 

O'Brian  J  L 

Sharpe 

Williams 

Bunce 

Green 

O'Brien  M  J 

Shipman 

Winslow 

Buxbaum 

Haffen 

O'Connor 

Smith  E  N 

Wood 

Clearwater 

Hale 

Parker 

Stanchfield 

Young  C  H 

Clinton 

Harawitz 

Parmenter 

Standart 

Young  F  L 

Coles 

Heaton 

Parsons 

Steinbrink 

President 

Cullinan 

Johnson 

Those 

who  voted  in 

the  negative: 

Barnes 

Dooling 

Martin  F 

Mealy 

Ostrander 

Donnelly 

Leggett 

107 


Proposed  Amendment  (No.  830,  Int.  No.  712),  entitled 
"  Proposed  constitutional  amendment  to  amend  Article  XII  of 
the  Constitution  generally,  in  relation  to  cities  and  villages  and 
their  powers  of  self  government." 

Having  been  announced  Mr.  Tuck  moved  that  the  same  be  re- 
committed to  the  Committee  on  Cities  with  instructions  to  report 
the  same  forthwith  amended  as  follows: 

Page  6,  line  22,  after  the  word  "  to  "  insert :  "  boundaries  "  in 
italics. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

Mr.  Franchot  moved  that  the  same  be  recommitted  to  the 
Committee  on  Cities  with  instructions  to  report  the  same  forth- 
with amended  as  follows: 


CONSTITUTIONAL  CONVENTION  59? 

Page  3,  line  16,  after  the  word  "may"  insert  "  adopt  a  revised 
charter  or  "  in  italics. 

Page  4,  line  23,  after  the  word  "  charter  "  insert  "  after  one 
revision  thereof  ". 

Page  7,  line  6,  enclose  the  word  "  such "  in  brackets  and' 
insert  after  such  brackets  in  italics  the  word  "  each  "  after  the 
"  city  "  insert  in  italics  the  words  "  to  which  it  relates  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

Mr.  Franchot  moved  that  the  same  be  recommitted  to  the 
Committee  on  Cities  with  instructions  to  report  the  same  forth- 
with amended  as  follows: 

Page  6,  line  24,  after  the  word  "  and "  and  before  the  word 
"  the  "  insert  in  italics  the  words  "  in  relation  to  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

Mr.  Franchot  moved  that  the  same  be  recommitted  to  the 
Committee  on  Cities  with  instructions  to  report  the  same  forth- 
with amended  as  follows: 

Page  6,  line  25,  after  the  word  "  and  "  insert  the  word  "  not  ", 
strike  out  the  words  "  less  than  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

Mr.  Doughty  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  Cities  with  instructions  to  report  the  same  forthwith 
amended  as  follows: 

Page  3,  line  12,  after  the  word  "  record  "  add  "  provided  that 
provisions  for  the  removal  of  police  officers  in  cities  of  the  first 
and  second  classes  shall  not  prohibit  a  court  review  of  such  removal 
proceedings." 

Mr.  Wickersham  moved  to  amend  said  motion  to  read  as 
follows : 

Page  3,  at  the  end  of  line  12,  insert:  "  provided  however  that 
nothing  herein  contained  shall  be  construed  to  impair  the  right  of 
any  police  officer  or  fireman  of  the  city  to  review  by  appropriate 
legal  proceeding  the  legality  of  any  removal. " 

Mr.   Donnelly  moved  to  amend  said  amendment  to  read  as 

follows : 

Page  3,  line  12,  after  the  word  "  record  "  strike  out  the  period 


SOS  JOUBttAL  OF  THE 

and  add  "  provided  that  in  cities  of  the  first  and  second  class  the 
removal  of  policemen  and  firemen  shall  he  subject  to  review  by 
writ  of  certiorari." 

Mr.  President,  put  the  question  whether  the  Convention  would 
agree  to  said  motion  to  amend  the  amendment  and  it  was  de- 
termined in  the  negative. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  to  amend  and  it  was  determined  in  the 
negative. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

Mr.  A.  E.  Smith  moved  that  the  same  be  recommitted  to  the 
Committee  on  Cities  with  instructions  to  report  the  same  forth- 
with amended  as  follows : 

Page  5,  between  lines  20  and  21,  insert  a  new  paragraph  to 
read :  "  The  Legislature  may  provide  that  charters  and  charter 
amendments  shall  not  be  submitted  to  the  Legislature  for  approval 
unless  a  protest  against  such  charter  or  charter  amendments  is 
made,  as  provided  by  law,  by  the  electors  or  the  municipal  authori- 
ties of  the  city  or  by  the  members  of  the  Legislature.  The  Legis- 
lature may  delegate  to  the  electors  of  a  city  the  power  to  disap- 
prove charter  amendments  herein  vested  in  the  Legislature." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

Mr.  Dooling  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  Cities  with  instructions  to  report  the  same  forthwith 
amended  as  follows: 

On  page  5,  line  4,  strike  out  all  after  the  word  "  be  ",  all  of 
lines  5,  6,  7  and  all  of  line  8  to  and  including  the  word  "  respec- 
tively "  and  insert  instead  the  following  "  twenty-two,  one  chosen 
by  the  electors  of  each  senate  district ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

Mr.  Low  from  the  Committee  on  Cities  reported  said  Proposed 
Amendment  amended  as  directed  and  the  same  was  ordered  re- 
printed and  placed  on  the  order  of  third  reading. 


CONSTITUTIONAL  CONVEKTION 


59$ 


Proposed  amendment  (No.  837,  Int.  No.  31),  entitled  "  Pro- 
posed constitutional  amendment  to  amend  article  seven  by  adding 
a  new  section  relating  to  highways." 

Was  read  the  third  time  and  passed,  a  majority  of  the  dele- 
gates elected  to  the  Convention  voting  in  favor  thereof. 

Those  who  voted  in  the  affirmative  were : 


Adams 

Dahm 

Heaton 

Nicoll  D 

Sharpe 

Ahearn 

Daly 

Hinman 

Nye 

Shipman 

Aiken 

Dennis 

Johnson 

O'Brien  M  J 

Smith  E  N 

Allen  FC 

Deyo 

Kirby 

O'Connor 

Smith  R  B 

Austin 

Dick 

Kirk 

Ostrander 

Stanchfield 

Bannister 

Donnelly 

Landreth 

Parker 

Steinbrink 

Barnes 

Donovan 

Latson 

Parmenter 

Stimson 

Barrett 

Dooling 

Law 

Parsons 

Stowell 

Baumes 

Doughty 

Leary 

Phillips  J  S 

Van  Ness 

Beach 

Dow 

Lennox 

Phillips  S  K 

Wadsworth 

Bell 

Dunmore 

Lincoln 

Potter 

Wafer 

Bernstein 

Eggleston 

Linde 

Reeves 

Ward 

Berri 

Endres 

Lindsay 

Rhees 

Webber  C  A 

Betts 

Eppig 

Low 

Richards 

Weber  R  E 

Blauvelt 

Fancher 

McKinney 

Rodenbeck 

Weed 

Bockes 

Fobes 

Mandeville 

Ryan 

Westwood 

Brackett 

Fogarty 

Martin  F 

Ryder 

Whipple 

Brenner 

Franchot 

Martin  L  M 

Sanders 

Wickersham 

Burkan 

Frank 

Marshall 

Sargent 

Winslow 

Buxbaum 

Green 

Mathewson 

Saxe  J  G 

Wood 

Clearwater 

Greff 

Meigs 

Schoonhut 

Young  C  H 

Coles 

Haffen 

Newburger 

Schurman 

Young  F  L 

Ciillinan 

Hale 

Nicoll  C 

Sears 

President 

Curran 

Harawitz 

Those  who  voted  in 

the  negative  were : 

Bayes 

Leggett 

Pelletreau 

Standart 

White  C  J 

Clinton 

Mealy 

Rosch 

Tuck 

Wiggins 

Ford 

Mereness 

Smith  A  E 

Unger 

Williams 

Jones 

Nixon 

117 


17 


Mr.  Eodenbeck  from  the  Committee  on  Revision  and  Engross- 
ment to  which  was  referred  the  Proposed  Constitutional  Amend- 
ment, introduced  by  the  Committee  on  Canals  (No.  845,  Int.  No. 
710),  entitled  "Proposed  constitutional  amendment  to  amend 
section  eight  of  article  seven  of  the  Constitution,  in  relation  to 
the  disposal  of  canal  terminals  and  surplus  waters  of  the  canals 
and  the  title  to  state  appropriations." 

Also,  the  Proposed  Constitutional  Amendment  introduced  by 
the  Committee  on  Suffrage  (Xo.  844,  Int.  No.  711),  entitled 
"  Proposed  constitutional  amendment  to  amend  section  four  of 


606  JOtJftNAl  OF  THE 

article  two  of  the  Constitution,  in  respect  to  the  enactment  of 
election  and  registration  laws,"  reports  the  same  as  examined, 
found  correct  and  properly  engrossed. 

ADOLPH  J.  RODENBECK, 

Chairman. 

which  report  was  accepted  and  said  proposed  amendment  ordered 
placed  on  the  third  reading  calendar. 

Mr.  Rodenbeck  from  the  Committee  on  Revision  and  Engross- 
ment to  which  was  referred  the  Proposed  Constitutional  Amend- 
ment introduced  by  Mr.  R.  B.  Smith  (No.  841,  Int.  No.  290)  en- 
titled "Proposed  constitutional  amendment  to  amend  section  ten 
of  article  three  of  the  Constitution,  in  relation  to  the  powers  of 
each  house  of  the  legislature." 

Also,  the  proposed  constitutional  amendment,  introduced  by  Mr. 
R.  B.  Smith  (No.  846,  Int.  No.  385),  entitled  "  Proposed  con- 
stitutional amendment  to  amend  sections  six  and  seven  of  article 
four  of  the  Constitution,  in  relation  to  succession  to  the  office 
of  Governor,"  reports  the  same  as  properly  engrossed. 

Adolph  J.  Rodenbeck, 

Chairman. 


which  report  was  accepted  and  said  proposed  amendments  ordered 
placed  on  the  third  reading  calendar. 

Mr.  Marshall  offered,  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following : 

Resolved,  That  the  Committee  of  the  Whole  be  discharged  from 
the  further  consideration  of  Proposed  Amendment  (No.  816,  Int. 
No.  720),  entitled  "  Proposed  constitutional  amendment  to  amend 
Article  I  of  the  Constitution  generally,  and  to  repeal  section  one 
of  Article  VII  of  the  Constitution,  and  to  amend  section  nine  of 
Article  VIII  of  the  Constitution." 

which  was  agreed  to. 

Said  proposed  amendments  having  been  announced,  on  motion 
of  Mr.  Marshall  the  same  was  amended  as  follows: 

By  adding  after  the  word  "  have  ",  line  23,  page  2,  the  words 
"  the  right  to  ",  and  by  striking  out  from  the  same  line,  after  the 
word  "  one  ",  the  words  "  right  of  " ;  by  striking  from  line  11, 
page  3,  the  words  "  official  referees"  and  by  striking  from  page  3, 
lines  15  and  19,  and  substituting  therefor  the  words  "  where  the 


CONSTITUTIONAL  CONVENTION  601 

proceedings  are  instituted  by  a  civil  division  of  the  State,  com- 
pensation shall  be  paid  before  such  taking,  unless  the  supreme 
court,  after  hearing,  because  of  public  necessity  shall  otherwise 
direct  ". 

Ordered,  Reprinted  and  recommitted. 

Proposed  Amendment  (No.  829,  Int.  No.  713),  entitled  "Pro- 
posed constitutional  amendment  to  amend  section  ten  of  Article 
VIII  of  the  Constitution,  by  dividing  it  into  two  sections  to  be 
known  respectively  as  sections  ten  and  eleven,  by  amending  the 
second  part  thereof,  and  by  adding  a  new  section  to  be  known 
as  section  twelve,"  having  been  announced,  Mr.  R.  B.  Smith  moved 
that  the  same  be  recommitted  to  the  Committee  on  Cities  with 
instructions  to  report  the  same  forthwith  amended  as  follows : 

On  page  6,  lines  10  and  11,  strike  out  "  State  engineer  and  sur-, 
veyor  "  and  insert  "  superintendent  of  public  works  of  the  State." 

Mr.  R.  B.  Smith  moved  that  the  same  be  recommitted  to  the 
Committee  on  Cities  with  instructions  to  report  the  same  forth- 
with amended  as  follows: 

On  page  6,  lines  25  and  24  strike  out  "  said  sinking  fund  is 
insufficient  to  pay  the  same  "  and  insert  "  the  payment  of  the  same 
shall  not  have  been  provided  for  by  a  sinking  fund." 

Debate  was  had. 

The  hour  of  ten  o'clock  and  thirty  minutes  p.  m.  having 
arrived  the  President  declared  the  Convention  adjourned,  the 
pending  question  being  on  the  motions  of  Mr.  R.  B.  Smith. 


WEDNESDAY,  SEPTEMBER  1,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  William  R.  Charles. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Monday,  August 
30th,  was  approved. 

Mr.  Reeves  presented  the  following  minority  report: 

The  undersigned,  members  of  the  Committee  on  Bill  of  Rights, 
respectfully  submit  the  following  minority  report  to  the  amend- 
ment proposed  by  that  Committee  to  Article  one,  Section  five, 
which  proposed  amendment  reads  as  follows :  "  On  a  conviction 
for  a  crime  now  punishable  by  death,  the  jury  may  by  its  verdict 


602  JOURNAL  OF  THE 

impose  either  the  death  penalty  or  life  imprisonment  and,  in 
the  latter  event,  no  pardon  or  commutation  shall  be  granted  un- 
less the  innocence  of  the  person  convicted  be  established."  In 
our  opinion,  no  change  should  be  made  in  the  Constitution  on 
this  subject  for  the  following  reasons  among  others : 

(1)  The  matter  is  purely  legislative  and  not  constitutional. 
If  the  proposed  amendment  were  placed  in  our  fundamental  law 
for  the  next  twenty  years  and  found  to  be  detrimental  to  the  peo- 
ple of  the  state,  it  would  become  a  great  calamity.  The  states 
of  this  country  have  not,  generally,  dealt  with  this  subject  in 
their  constitutions. 

(2)  There  is  no  apparent  demand  for  such  a  change.  The 
general  feeling,  as  we  understand  it,  is  that  the  administration  of 
the  criminal  law  should  be  strengthened  wherever  possible  and 
not  weakened  by  provisions  which  might  encourage  crime. 

(3)  The  proposed  amendment  involves  a  rule  of  men  and  not 
of  law.  It  would  not  be  fair  to  juries  to  place  upon  them  a 
responsibility  which  fairly  and  logically  belongs  to  the  state. 
The  jury  should  determine  the  guilt,  but  the  state,  by  its,,  law, 
should  fix  the  punishment.  The  reverse  of  this  will  cause  dis- 
cord in  the  jury  room  and  lead  to  many  disagreements  that  other- 
wise would  not  occur  and  will  cause  a  lack  of  uniformity  in 
punishment. 

(4)  The  proposed  amendment  is,  in  effect,  an  attempt  to 
abolish  capital  punishment ;  for  few,  if  any,  juries  will  inflict  the 
death  penalty  if  they  can  avoid  the  responsibility. 

(5)  The  City  of  Greater  New  York,  with  its  varied  and 
rapidly  changing  population,  is  the  last  place  in  the  world  in 
which  to  try  such  an  experiment. 

(6)  We  believe  that  a  certain  death  penalty  is  the  greatest 
deterrent  against  murder  and  that  it  is  the  duty  of  this  Conven- 
tion to  conserve  the  safety  of  those  who  otherwise  might  be 
victims  of  that  crime.  If  the  retention  of  the  death  penalty 
will  cause  the  murders  in  this  state  to  be  any  less  in  number  than 
they  otherwise  would  be,  it  should  be  retained.  The  practically 
unanimous  testimony  of  those  who  are  charged  with  the  adminis- 
tration of  the  criminal  law  is  that,  in  their  opinion,  this  retention 
would  have  that  effect. 

Dated,  Albany,  K  Y.,  August  — ,  1915. 
Respectfully  submitted, 

Morgan  J.  O'Brien, 
J.  G.  Sciiurman, 
George  A.  Bunce, 
Alfred  G.  Reeves, 
Francis  Martin, 


CONSTITUTIONAL  CONVENTION  603 

Proposed  amendment  (No.  829,  Int.  No.  713)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Section  ten  of  Article 
VIII  of  the  Constitution,  by  dividing  it  into  two  sections  to  be 
known  respectively  as  sections  ten  and  eleven,  by  amending  the 
second  part  thereof,  and  by  adding  a  new  section  to  be  known  as 
Section  twelve,"  having  been  announced, 

Mr.  President  announced  the  pending  question  to  be  upon  the 
motions  of  Mr.  R.  B.  Smith. 

Mr.  Stimson  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  Cities  with  instructions  to  report  the  same  forthwith 
amended  as  follows: 

Substitute  for  section  12. 

"  The  Legislature  shall  make  provision  by  law  for  the  method 
and  limitations  under  which  debts  may  be  contracted  by  the 
cities,  counties,  towns,  villages  and  other  civil  subdivisions  of  the 
state  to  the  end  that  such  debts  shall  be  payable  in  annual  in- 
stalments the  last  of  which  shall  fall  due  and  be  paid  within 
fifty  years  after  such  debt  shall  have  been  contracted ;  and  to  the 
end  that  no  such  debt  shall  be  contracted  for  a  period  longer  than 
the  probable  life  of  fhe  work  or  object  for  which  the  debt  is  to  be 
contracted." 

Mr.  R.  B.  Smith  moved  that  the  same  be  recommitted  to  the 
Committee  on  Cities  with  instructions  to  report  the  same  forth- 
with amended  as  follows: 


On  page  5,  line  23,  strike  out  "  one  year  "  and  insert      five 
years 


Mr.  Austin  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  Cities  with  instructions  to  report  the  same  forthwith 
amended  as  follows: 

Page  5,  line  20,  strike  out  "  heretofore  or  ". 

Page  5,  lines  20  and  21,  strike  out  the  words  "  and  such  por- 
tion thereof  from  time  to  time  so  contracted  ". 

Page  5,  line  22,  strike  out  "  substantially  equal  annual "  and 
also  the  words  "  the  first  of  which  shall  be ". 

Page  5,  line  23,  strike  out  "payable  not  more  than  one  year, 
and". 

Page  5,  line  24,  strike  out  "  or  portion  thereof ". 

The  italics  on  page  5,  will  then  read 

"All  debts  except  temporary  debts  contracted  in  anticipation 
of  the  receipt  of  taxes  or  other  revenues  or  of  the  sale  of  bonds 


604 


JOURNAL  OF  THE 


hereafter  contracted  or  refunded  by  any  county,  city,  town,  vil- 
lage or  other  civil  division  of  the  state,  pursuant  to  an  authoriza- 
tion therefor  hereafter  made,  shall  be  paid  in  instalments,  the 
last  of  which  shall  be  payable  not  more  than  fifty  years  after  such 
debt  shall  have  been  contracted,  etc.". 

Mr.  Deyo  moved  that  the  same  be  recommitted  to  the  Committee 
on  Cities  with  instructions  to  report  the  same  forthwith  amended 
as  follows: 

Amend  third  reading  No.  21  section  twelve,  page  six. 

Add  at  the  end  of  section  the  words :  "  Provided,  however,  that 
the  Legislature  may  by  the  affirmative  vote  of  not  less  than  two- 
thirds  of  the  members  elected  to  each  House,  enact  a  law  modify- 
ing any  of  the  provisions  of  this  section  in  any  case  to  meet  a 
special  emergency  if  the  Comptroller  shall  have  certified  to  the 
necessity  of  its  passage." 

On  motion  of  Mr.  M.  J.  O'Brien,  further  consideration  of  said 
proposed  amendment  and  pending  motions  was  postponed  until 
Thursday,  September  2d. 

On  motion  of  Mr.  Wickersham,  the  pending  motions  were 
ordered  printed  for  the  information  of  the  Convention. 

Proposed  amendment  (No.  841,  Int.  No.  290)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Section  ten  of  Article 
III  of  the  Constitution,  in  relation  to  the  powers  of  each  House 
of  the  Legislature,"  was  read  the  third  time  and  passed,  a  ma- 
jority of  the  delegates  elected  to  the  Convention  voting  in  favor 
thereof. 

Those  who  voted  in  the  affirmative  were : 


Adams 

Deyo 

Johnson 

Owen 

Steinbrink 

Ahearn 

Dick 

Jones 

Parker 

Stimson 

Aiken 

Donovan 

Kirby 

Parmenter 

Stowell 

Allen  F  C 

Dooling 

Landreth 

Parsons 

Tierney 

Austin 

Doughty 

Latson 

Pelletreau 

Tuck 

Baldwin 

Dow 

Law 

Phillips  J  S 

Unger 

Bannister 

Dunmore 

Leggett 

Phillips  S  K 

Vanderlyn 

Barnes 

Dykman 

Lennox 

Quigg 

Van  Ness 

Barrett 

Eggleston 

Lincoln 

Reeves 

Wadsworth 

Baumes 

Eisner 

Linde 

Rhees 

Wafer 

Bayes 

Endres 

Lindsay 

Richards 

Wagner 

Beach 

Eppig 

Low 

Rodenbeck 

Ward 

Bell 

Fancher 

Mandeville 

Rosch 

Webber  C  A 

Bern 

Fobes 

Martin  F 

Ryan 

Weber  R  E 

Betts 

Fogarty 

Martin  L  M 

Sanders 

Weed 

Blauvelt 

Foley 

Marshall 

Sargent 

Westwood 

Bockes 

Ford 

Mathewson 

Schurman 

Whipple 

Brackett 

Franchot 

Meigs 

Sears 

White  C  J 

Brenner 

Frank 

Mereness 

Sharpe 

Wickersham 

CONSTITUTIONAL  CONVENTION 


605 


Burkan 

Gladding 

Mulry 

Sheehan 

Wiggins 

Buxbaum 

Green 

Nicoll  C 

Shipman 

Williams 

Clearwater 

Greff 

Nixon 

Smith  A  E 

Winslow 

Clinton 

Haffen 

Nye 

Smith  E  N 

Wood 

Cobb 

Hale 

O'Brian  J  L 

Smith  R  B 

Young  C  H 

Coles 

Harawitz 

Olcott 

Stanchfield 

Young  F  L 

Dahm 
Daly 

Heaton 
Hinman 

Ostrander 

Standart 

President 

132 

Proposed  amendment  (No.  846,  Int.  No.  385)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Sections  six  and  seven 
of  Article  IV  of  the  Constitution,  in  relation  to  succession  to  the 
office  of  Governor,"  was  read  the  third  time  and  passed,  a  majority 
of  the  delegates  elected  to  the  Convention  voting  in  favor  thereof. 

Those  who  voted  in  the  affirmative  were : 


Adams 

Daly 

Hinman 

Parker 

Stanchfield 

Ahearn 

Deyo 

Johnson 

Parmenter 

Standart 

Aiken 

Dick 

Jones 

Parsons 

Steinbrink 

Allen  FC 

Donovan 

Kirby 

Pelletreau 

Stimson 

Austin 

Dooling 

Landreth 

Phillips  J  S 

Stowell 

Baldwin 

Doughty 

Latson 

Phillips  S  K 

Tuck 

Bannister 

Dow 

Law 

Quigg 

Unger 

Barnes 

Dunmore 

Lennox 

Reeves 

Vanderlyn 

Barrett 

Eggleston 

Lincoln 

Rhees 

Van  Ness 

Baumes 

Eisner 

Lindsay 

Richards 

Wadsworth 

Bayes 

Endres 

Low 

Rodenbeck 

Wafer 

Beach 

Eppig 

McKinney 

Rosch 

Wagner 

Bell 

Fancher 

Mandeville 

Ryan 

Webber  C  A 

Berri 

Fobes 

Marshall 

Sanders 

Weber  R  E 

Betts 

Fogarty 

Martin  F 

Sargent 

Weed 

Blauvelt 

Foley 

Martin  L  M 

Saxe  J  G 

Westwood 

Bockes 

Franchot 

Mathewson 

Saxe  M 

White  C  J 

Brackett 

Frank 

Meigs 

Schoonhut 

Wickersham 

Brenner 

Gladding 

Mulry 

Schurman 

Wiggins 

Burkan 

Green 

Nicoll  C 

Sears 

Williams 

Buxbaum 

Greff 

Nixon 

Sharpe 

Winslow 

Clearwater 

Haffen 

Nye 

Sheehan 

Wood 

Clinton 

Hale 

O'Brian  J  L 

Shipman 

Young  C  H 

Cobb 

Harawitz 

Olcott 

Smith  E  N 

Young  F  L 

Coles 

Heaton 

Ostrander 

Smith  R  B 

President        125 

Proposed  amendment  (No.  844,  Int.  No.  711)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Section  four  of  Article 
II  of  the  Constitution,  in  respect  to  the  enactment  of  election  and 
registration  laws,"  having  heen  announced. 

Mr.  Brenner  moved  that  the  same  he  recommitted  to  the  Com- 
mittee on  Suffrage  with  instructions  to  report  the  same  forth- 
with amended  as  follows: 

On  page  2,  line  11  after  the  word  "  registration  "  insert  in 
italics  the  words  "  and  who  shall  at  the  same  time  establish  their 
right  to  register  from  the  election  district-  in  which  they  claim 
residence  ". 


606 


JOUB^TAL  OF  THE 


Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

Mr.  Brackett  moved  that  the  same  he  recommitted  to  the  Com- 
mittee on  Suffrage  with  instructions  to  report  the  same  forthwith 
amended  as  follows: 

On  page  2,  line  9,  after  wTord  "  will "  insert  in  italics  the  word 
"probably". 

On  page  2,  line  14,  strike  out  word  "  further  "  and  after  the 
word  "  appearance "  insert  in  italics  the  words  "  for  such 
purpose  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

Mr.  Dunmore  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  Suffrage  with  instructions  to  report  the  same  forthwith 
amended  as  follows: 

On  page  2,  line  7,  after  the  word  "five"  insert  in  italics  the 
words  "  nor  less  than  three  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

Said  Proposed  amendment  was  then  read  the  third  time  and 
passed,  a  majority  of  the  delegates  elected  to  the  Convention 
voting  in  favor  thereof. 

Those  who  voted  in  the  affirmative  were : 


Adams 

Donnelly 

Landreth 

Parmenter 

Steinbrink 

Ahearn 

Dooling 

Law 

Parsons 

Stimson 

Aiken 

Doughty 

Lincoln 

Pelletreau 

Tierney 

Allen  F  C 

Dunmore 

Lindsay 

Phillips  J  S 

Tuck 

Angell 

Dykman 

Low 

Phillips  S  K 

Unger 

Baldwin 

Eggleston 

McKean 

Reeves 

Vanderlyn 

Bannister 

Eisner 

McKinney 

Rhees 

Van  Ness 

Barnes 

Endres 

Mandeville 

Richards 

Wafer 

Barrett 

Eppig 

Mann 

Rodenbeck 

Wagner 

Baumes 

Fancher 

Marshall 

Ryder 

Ward 

Beach 

Fobes 

Martin  F 

Sanders 

Webber  C  A 

Bell 

Foley 

Martin  L  M 

Sargent 

Westwood 

Bernstein 

Gladding 

Mathewson 

Saxe  J  G 

Whipple 

Bern 

Green 

Meigs 

Saxe  M 

White  C  J 

Blauvelt 

Hale 

Nicoll  C 

Schoonhut 

Wickersham 

Burkan 

Harawitz 

Nixon 

Schurman 

Williams 

Clearwater 

Heaton 

Nye 

Sears 

Winslow 

Clinton 

Hinman 

O'Brian  J  L 

Sharpe 

Wood 

Cobb 

Johnson 

Olcott 

Shipman 

Young  C  H 

Coles 

Jones 

Ostrander 

Smith  R  B 

Young  F  L 

Cullinan 

Kirby 

Owen 

Stanchfield 

President 

Deyo 

Kirk 

Parker 

Standart 

109 


CONSTITUTIONAL  CONVENTION 


GO? 


Those  who  voted  in  the  negative  were : 


Austin 

Daly 

Haffen 

Nicoll  D 

Sheehan 

Bayes 

Dick 

Latson 

O'Brien  M  J 

Smith  E  N 

Betts 

Donovan 

Leggett 

Potter 

Stowell 

Bockes 

Dunlap 

Lennox 

Quigg 

Weber  R  E 

Brenner 

Ford 

Linde 

Rosch 

Weed 

Buxbaum 

Frank 

Mereness 

Ryan 

Wiggins 

Dahm 

Greff 

32 

Proposed  amendment  (No.  845,  Int.  No.  710),  entitled  "  Pro- 
posed constitutional  amendment  to  amend  section  eight  of  Article 
VII  of  the  Constitution,  in  relation  to  the  disposal  of  canal 
terminals  and  surplus  waters  of  the  canals  and  the  title  to  State 
appropriations,"  having  been  announced, 

On  motion  of  Mr.  Clinton,  consideration  of  the  same  was  post- 
poned until  Thursday,  September  2nd. 

Proposed  amendment  (No.  832,  Int.  No.  706),  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Article  V  of  the  Con- 
stitution by  adding  a  new  section  thereto  relating  to  public  service 
commissions,"  having  been  announced, 

Mr.  Hale  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  Public  Utilities  with  instructions  to  report  the  same* 
forthwith  amended  as  follows : 


Page  2,  line  2,  strike  out  the  words  "  the  legislature  shall ". 
In  same  line  strike  out  the  word  "  provide  "  and  insert  in  place 
thereof  the  words  "  provided  by  law  ". 

Page  2,  line  3,  strike  out  the  word  "  commissioners  "  and  insert 
in  place  thereof  the  word  "  commissions  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Mr.  Hale,  from  the  Committee  on  Public  Utilities,  reported 
said  Proposed  amendment  amended  as  directed,  and  the  same 
was  ordered  reprinted  and  placed  on  the  order  of  third  reading. 

Proposed  amendment  (No.  815,  Int.  No.  719),  entitled  "  Pro- 
jposed  constitutional  amendment  to  amend  section  twenty  of 
Article  III  of  the  Constitution,  in  relation  to  the  appropriation 
of  public  moneys  for  construction  purposes,"  having  been  an- 
nounced, 

Mr.    Stimson   moved   that   the   same   be   recommitted    to   the 


eOS  JOURNAL  OF  THE 

Committee  on' State  Finances,  etc.,  with  instructions  to  report  the 
same  forthwith  amended  as  follows: 

Page  2,  at  the  end  of  line  5,  new  paragraph. 

"  This  section  shall  not  apply  to  the  contributions  of  the  State 
to  the  cost  of  eliminating  grade  crossings,  or  to  items  in  the 
Budget  for  the  construction  of  highways  from  the  proceeds  of 
bonds  authorized  under  section  four  of  Article  VII  of  this 
Constitution." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Mr.  Stimson,  from  the  Committee  on  State  Finances,  etc.,  re- 
ported said  Proposed  amendment  amended  as  directed,  and  the 
same  was  ordered  reprinted  and  placed  on  the  order  of  third 
reading. 

Proposed  amendment  (No.  838,  Int.  No.  715)  entitled  "Pro- 
posed constitutional  amendment  to  amend  Article  XIV  of  the 
Constitution,  in  relation  to  future  amendments  and  revisions  of 
the  Constitution,  and  permitting  the  validity  of  an  election  on  a 
question  submitted  and  the  determination  of  the  result  of  sucH 
an  election  to  be  contested  by  any  elector  in  an  action  brought  in 
the  Supreme  Court  and  by  making  provision  with  respect  to 
questions  coincidently  submitted  by  a  Convention  and  the  Legisla- 
ture," having  been  announced, 

Mr.  Schurman  moved  that  the  same  be  recommitted  to  the 
Committee  on  Future  Amendments  with  instructions  to  report  the 
same  forthwith  amended  as  follows: 

Page  2,  line  17,  after  the  "  ,  "  following  the  word  "  thereon  " 
insert  in  italics  the  following:  "  provided  the  majority  vote  in 
favor  of  such  amendment  shall  equal  at  least  one. fourth  of  the 
aggregate  number  of  votes  cast  for  Members  of  the  Assembly  at 
such  election,". 

Page  3,  line  6,  after  the  word  "  thereon  "  insert  " , "  aud  in- 
sert the  following  in  italics:  "  provided  the  majority  vote  in  favor 
thereof  shall  equal  at  least  one  fourth  of  the  aggregate  number  of 
votes  cast  for  Members  of  the  Assembly  at  such  election,". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 
Mr.  Wickersham  moved  that  the  same  be  recommitted  to  the 


CONSTITUTIONAL  CONVENTION  609 

Committee  on  Future  Amendments  with  instructions  to  report  the 
same  forthwith  amended  as  follows: 

Page  1,  line  7,  strike  out  all  after  the  word  "  houses  "  and  the 
words  "  discussion  thereof "  in  the  first  line  of  page  2  and  insert 
in  lieu  thereof  the  words  "  after  consideration  in  joint  session  as 
hereinafter  provided  ". 

Page  2,  line  8,  substitute  a  period  for  the  semi-colon  and  insert 
after  such  period  the  following  words,  viz : 

"  On  the; first  Tuesday  following  the  adoption  by  either  House 
of  the  Legislature  of  any  proposed  amendment  to  the  Constitu- 
tion, the  two  Houses  shall  convene  in  joint  session  for  the  con- 
sideration thereof  and  thereafter  the  proposal  shall  be  considered 
and  acted  upon  by  the  houses  separately  ". 

Page  2,  line  8,  insert  bracket  before  and  after  the  word  "  and  " 
and  begin  a  new  sentence  with  the  word  "  if  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Mr.  Wickersham  moved  that  the  same  be  recommitted  to  the 
Committee  on  Future  Amendments  with  instructions  to  report 
the  same  forthwith  amended  as  follows: 

Strike  out  section  5  on  page  6. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Mr.  Bernstein  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  Future  Amendments  with  instructions  to  report  the 
same  forthwith  amended  as  follows: 

On  page  4,  line  13,  strike  out  the  word  "  general "  and  insert 
the  word  "  special  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

Mr.  Barnes  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  Future  Amendments  with  instructions  to  report  the 
same  forthwith  amended  as  follows: 

Page  3,  line  12,  place  the  bracket  before  the  word  "  of  "  in- 
stead of  "  April ". 

Page  3,  line  13,  strike  out  the  word  "  December  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 
39 


610 


JOURNAL  OF  THE 


Mr.  Doughty  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  Future  Amendments  with  instructions  to  report  the 
same  forthwith  amended  as  follows : 

Change  the  words  quoted  as  "  shall  there  be  a  Convention  to 
revise  the  Constitution  and  amend  the  same  ? "  to  read  "  shall 
there  be  a  Convention  to  revise  and  amend  the  Constitution  ?  " 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Mr.  Hinman  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  Future  Amendments  with  instructions  to  report  the 
same  forthwith  amended  as  follows : 

Page  5,  line  12,  correct  the  spelling  of  the  word  "  thereon  ". 
Same  page  and  line,  strike  out  the  comma  after  the  word 
"  thereon  ".  Page  5,  line  18,  strike  out  comma  after  the  word 
"  thereon". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Mr.  Hinman,  from  the  Committee  on  Future  Amendments,  re- 
ported said  Proposed  amendment  amended  as  directed,  and  the' 
same  was  ordered  reprinted  and  placed  on  the  order  of  third 
reading. 

The  hour  of  one  o'clock  p.  m.  having  arrived  the  President  de- 
clared the  Convention  in  recess  until  two  o'clock  and  thirty 
minutes  p.  m. 


TWO  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened. 

Upon  the  direction  of  the  President  the  Secretary  called  the 
roll  of  delegates  and  the  following  responded: 


Adams 

Dahm 

Ahearn 

Dennis 

Aiken 

Deyo 

Allen  FC 

Dick 

Angell 

Donnelly 

Austin 

Donovan 

Baldwin 

Dooling 

Bannister 

Doughty 

Barnes 

Dunlap 

Barrett 

Dunmore 

Heaton 

Nye 

Smith  A  E 

Hinman 

O'Brien  M  J 

Smith  E  N 

Johnson 

Olcott 

Stanchfield 

Jones 

Ostrander 

Standart 

Kirby 

Owen 

Steinbrink 

Landrsth 

Parker 

Stimson 

Latson 

Parmenter 

Stowell 

Law 

Parsons 

Tuck 

Leary 

Phillips  S  K 

Unger 

Leggett 

Potter 

Van  Ness 

CONSTITUTIONAL  CONVENTION 


611 


Baumes 

Dykman 

Lincoln 

Reeves 

Wadsworth 

Bayes 

Eggleston 

Linde 

Rhees 

Wafer 

Beach 

Eisner 

Lindsay 

Rodenbeck 

Ward 

Bell 

Endres 

Low 

Rosch 

Webber  C  A 

Berri 

Eppig 

McKinney 

Ryan 

Weed 

Betts 

Fogarty 

Marshall 

Ryder 

Westwood 

Blauvelt 

Foley 

Martin  F 

Sanders 

Whipple 

Brackett 

Franchot 

Martin  L  M 

Sargent 

White  C  J 

Brenner 

Frank 

Mathewson 

Saxe  J  G 

Wickersham 

Clearwater 

Greff 

Meigs 

Schoonhut 

Williams 

Clinton 

Griffin 

Mereness 

Schurman 

Young  C  H 

Cobb 

Haffen 

Nicoll  D 

Sears 

Young  F  L 

Coles 

Hale 

Nixon 

Sharpe 

President 

Curran 

116 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  presented  the 
following  report: 

The  Committee  on  Rules  recommends  the  adoption  of  the  fol- 
lowing special  rule: 

Resolved,  That  the  following  matters  be  made  special  orders 
for  consideration  following  the  present  calendar  of  special  orders 
with  debate  limited  as  indicated. 

General  Order  26,  term  of  Governor,  one  hour.  Delegate  in 
charge  of  bill  twenty  minutes;  other  speakers  five  minutes  each. 

General  Order  37,  Laws  restricting  manufacturing  in  build- 
ings one  hour.  Delegate  in  charge  of  bill  fifteen  minutes ;  other 
speakers  ten  minutes  each. 

General  Order  53,  Occupational  Diseases;  one  hour.  Delegate 
in  charge  of  bill  fifteen  minutes ;  other  speakers  ten  minutes  each. 

General  Order  54,  Food  Inspection;  one  hour.  Delegate  in 
charge  of  bill,  fifteen  minutes ;  other  speakers  ten  minutes  each. 

General  Order  67,  Rules  of  Apportionment ;  two  hours.  Dele- 
gate in  charge  of  bill  thirty  minutes ;  other  speakers  ten  minutes 
each. 

General  Order  63,  Bill  of  rights;  three  hours.  Delegate  in 
.charge  of  bill  one-half  hour;  other  speakers  ten  minutes  each. 

General  Order  36,  Delegating  powers  as  to  employees;  one  hour. 
Delegate  in  charge  of  measure  thirty  minutes ;  other  speakers  ten 
minutes  each. 

General  Order  55,  Living  wage,  one  hour.  Delegate  in  charge 
of  measure  thirty  minutes;  other  speakers  ten  minutes  each. 

General  Order  56,  Legislation  as  to  employees  one  hour.  Dele- 
gate in  charge  of  bill  twenty  minutes ;  other  speakers  ten  minutes 
each. 

General  Order  40,  Dannemora  electricity;  one-half  hour.  All 
speeches  five  minutes  each. 

General  Order  41,  Board  of  Pardons;  one  hour.  Delegate  in 
charge  of  bill  twenty  minutes;  other  speakers  ten  minutes  each. 


(312 


JOURNAL  OF  THE 


General  Order  lo,  Police  Power;  one  hour.  Delegate  in  charge 
of  bill  twenty  minutes ;  other  speakers  ten  minutes  each. 

General  Order  42.  Probation  Commission;  one  hour.  Dele- 
gate in  charge  of  bill  twenty  minutes ;  other  speakers  ten  minutes 
each. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Proposed  amendment  (No.  145,  Int.  No.  145)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Article  XV  of  the 
Constitution,  with  respect  to  the  time  when  the  Constitution  is 
to  go  into  effect,"  was  read  the  third  time  and  passed,  a  majority 
of  the  delegates  elected  to  the  Convention  voting  in  favor  thereof. 

Those  who  voted  in  the  affirmative  were : 


Adams 

Coles 

Johnson 

O'Brian  J  L 

Smith  A  E 

Ahearn 

Curran 

Jones 

O'Brien  M  J 

Smith  E  N 

Aiken 

Dahm 

Kirby 

Olcott 

Stanchfield 

Allen  F  C 

Dennis 

Landreth 

Ostrander 

Standart 

Angell 

Deyo 

Latson 

Owen 

Steinbrink 

Austin 

Dick 

Law 

Parker 

Stimson 

Baldwin 

Donnelly 

Leary 

Parmenter 

Stowell 

Bannister 

Donovan 

Leggett 

Parsons 

Tierney 

Barnes 

Doughty 

Lennox 

Phillips  S  K 

linger 

Barrett 

Dunlap 

Lincoln 

Potter 

Vanderlyn 

Baumes 

Dunmore 

Linde 

Reeves 

Van  Ness 

Bayes 

Dykman 

Lindsay 

Rhees 

Wadsworth 

Beach 

Eggleston 

Low 

Rodenbeck 

Wafer 

Bell 

Eisner 

McKinney 

Rosch 

Ward 

Bernstein 

Endres 

Marshall 

Ryan 

Webber  C  A 

Berri 

Fogarty 

Martin  F 

Ryder 

Weed 

Betts 

Folev 

Martin  L  M 

Sanders 

Westwood 

Blauvelt 

Ford 

Mathewson 

Sargent 

Whipple 

Brenner 

Frank 

Meigs 

Saxe  J  G 

White  C  J 

Bunce 

Griffin 

Mereness 

Schoonhut 

Williams 

Byrne 

Haffen 

Nicoll  C 

Schurman 

Young  C  H 

Clearwater 

Hale 

Nicoll  D 

Sears 

Young  F  L 

Clinton 

Heaton 

Nixon 

Sharpe 

President 

Cobb 

Hinman 

Nye 

118 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order  being 
"  Proposed  constitutional  amendment  to  amend  Article  III  and' 
Article  X  of  the  Constitution,  in  relation  to  changes  in  the  form 
of  county  government,  and  to  the  powers  and  duties  of  certain 
county,  town  and  village  officers  (No.  822,  Int.  No.  721). 

After  some  time  spent  therein  the  President  resumed  the 
Chair,  and  Mr.  Hinman  from  said  committee  reported  progress 
and  asked  leave  to  sit  again  with  an  extension  of  thirty  minutes 
in  the  time  for  debate. 


CONSTITUTIONAL  CONVENTION  613 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  extending  the  time  for  debate,  and  it  was  determined  in  the 
affirmative. 

The  Convention  thereupon  again  resolved  itself  into  a  Com- 
mittee of  the  Whole  and  resumed  consideration  of  said  special 
order. 

After  some  time  spent  therein  the  President  resumed  the  Chair, 
and  Mr.  Hinman  from  said  committee  reported  in  favor  of  the 
passage  of  said  Proposed  amendment  with  amendments,  which 
report  was  agreed  to  and  said  proposition  ordered  reprinted  as 
amended  and  to  a  third  reading. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order  being 
"  Proposed  constitutional  amendment  to  amend  general  Article 
III  of  the  Constitution,  following  Section  nine  and  to  repeal  Sec- 
tions twenty-three  and  twenty-five  of  such  Article  (No.  833,  Int. 
No.  696). 

After  some  time  spent  therein  the  President  resumed  the  Chair, 
and  Mr.  Hinman  from  said  committee  reported  in  favor  of  the 
passage  of  said  Proposed  amendment  with  amendments. 

On  motion  of  Mr.  Parsons  consideration  of  said  report  was 
postponed  until  the  evening  session. 

On  motion  of  Mr.  A.  E.  Smith  the  Committee  on  Revision  and 
Engrossment  was  instructed  to  report  Proposed  amendment  en- 
titled "Proposed  constitutional  amendment  to  insert  in  the  Con- 
stitution a  new  article  in  relation  to  the  conservation  of  natural 
resources"  (No.  847,  Int.  No.  708),  with  the  following  recom- 
mendations : 

Page  2,  lines  24  and  25,  strike  out  "  and  with  the  enforce'- 
ment  of  the  general  laws  of  the  State  in  respect  thereof  ". 

Page  3,  line  6,  after  the  word  "  shall "  add  "  also  be  entrusted 
with  the  enforcement  of  the  general  laws  of  the  State  respecting 
the  subjects  hereinbefore  enumerated  and  ". 

Mr.  Rodenbeck  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  Proposed  constitutional  amend- 
ment introduced  by  the  Committee  on  Cities  (No.  851,  Int.  No. 
712),  entitled  "Proposed  constitutional  amendment  to  amend 
Article  XII  of  the  Constitution  generally,  in  relation  to  cities  and 
villages  and  their  powers  of  self  government." 


614  JOURNAL  OF  THE 

Also,  the  Proposed  constitutional  amendment  introduced  by  the 
Committee  on  the  Judiciary  (No.  850,  Int.  No.  718),  entitled 
"  Proposed  constitutional  amendment  to  amend  Article  VI  of  the 
Constitution  generally,"  reports  the  same  as  examined,  found  cor- 
rect and  correctly  engrossed. 

AdOLPH   J.    RoDENBECK, 

Chairman. 

which  report  was  accepted  and  said  Proposed  amendment  ordered 
placed  on  the  third  reading  calendar. 

Mr.  Berri  offered  for  the  consideration  of  the  Convention  a 
resolution  in  the  words  following : 

Resolved,  That  the  printing  committee  be  authorized  to  have 
printed  as  a  document,  2,500  copies  of  the  address  of  the  President 
of  this  Convention,  delivered  in  Committee  of  the  Whole  when 
it  had  under  consideration  the  proposal  from  the  Committee  on 
Governor  and  Other  State  Officers  in  relation  to  the  short  ballot. 

Mr.  Vice-President  Schurman  put  the  question  whether  the 
Convention  would  agree  to  said  resolution,  and  it  was  determined 
in  the  affirmative. 

The  President  presented  the  following  telegram: 

Hon.  Elihu  Root,  Capitol,  Albany,  N.  Y.: 

Fred  Tanner  successfully  operated  upon  this  afternoon  for 
appendicitis,  doing  splendidly,  wanted  me  to  thank  you  for  your 
telegram  which  was  received  shortly  before  operation. 

T.  C.  Chalmers,  M.  D. 

On  motion  of  Mr.  Wickersham,  the  Secretary  was  instructed 
to  telegraph  to  Mr.  Tanner  the  hearty  good  wishes  and  loving 
expectations  of  this  body  for  his  speedy  recovery,  and  congratu- 
lations upon  his  good  progress  at  the  present  time. 

Pursuant  to  said  motion  the  Secretary  transmitted  the  fol- 
lowing : 

Hon.    Frederick    C.    Tanner,    Post    Graduate   Hospital,   New 

York  City: 

By  direction  of  the  Convention  I  convey  to  you  the  hearty 

good  wishes  and  loving  expectations  of  the  delegates  for  your 

speedy  recovery  and  congratulations  upon  your  good  progress  at 

the  present  time.  -~        TTT   TT 

Fred  W.  Hammond, 

Assistant  Secretary. 


CONSTITUTIONAL  CONVENTION  615 

On  motion  of  Mr.  J.  G.  Saxe,  proposed  amendment,  entitled 
"  Proposed  constitutional  amendment  to  amend  Section  eighteen, 
Article  III  of  the  Constitution,  in  relation  to  limitations  of  the 
power  of  the  Legislature  to  pass  private  or  local  bills,  by  pro- 
hibiting private  claim  bills  "  (No.  738,  Int.  No.  214),  was  recom- 
mitted to  the  Committee  on  Legislative  Powers. 

The  hour  of  five  o'clock  and  thirty  minutes  p.  m.  having 
arrived  the  President  declared  the  Convention  in  recess  until  eight 
o'clock  and  thirty  minutes  p.  m. 


EIGHT  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened. 

On  motion  of  Mr.  Barnes,  Proposed  amendment  entitled  "  Pro- 
posed constitutional  amendment  to  amend  section  nineteen  of 
Article  III  of  the  Constitution,  in  relation  to  the  passage  of 
private  claim  bills"  (No.  732,  Int.  No.  550),  was  recommitted 
to  the  Committee  on  Legislative  Powers. 

Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  Proposed  constitutional  amend- 
ment, introduced  by  the  Committee  on  Governor  and  Other  State 
Officers  (No.  843,  Int.  No.  716),  entitled  "Proposed  constitu- 
tional amendment  repealing  sections  one,  two,  three,  four,  six  and 
seven  of  Article  V  and  creating  a  new  article  five  in  relation  to 
State  officers,"  reports  the  same  as  examined,  found  correct  and 
properly  engrossed. 

Adolph  J.  Rodenbeck, 

Chairman. 

which  report  was  accepted  and  said  Proposed  amendment  or- 
dered placed  on  the  third  reading  calendar. 

Mr.  Rhees,  from  the  Committee  on  Governor  and  other  State 
Officers,  presented  the  following  report: 

The  Committee  on  Governor  and  other  State  Officers,  to  which 
were  referred  several  proposed  amendments  to  Article  V  of  the 
Constitution,  reports  by  Proposed  constitutional  amendment, 
entitled  "  Proposed  constitutional  amendment  repealing  Section 


616  JOURNAL  OF  THE 

five  of  Article  five  and  creating  a  new  section  to  be  appropriately 
numbered  "  (Int.  No.  725),  which  was  read  twice  and  said  com- 
mittee reports  in  favor  of  the  passage  of  the  same,  which  report 
was  agreed  to  and  said  Proposed  amendment  ordered  printed 
and  referred  to  the  Committee  of  the  Whole. 

Mr.  Parsons  called  up  the  report  of  the  Committee  of  the 
Whole  on  Proposed  constitutional  amendment  to  amend,  gener- 
ally, Article  III  of  the  Constitution,  following  Section  nine  and  to 
repeal  Sections  twenty-three  and  twenty-five  of  such  article  (No. 
833,  Int.  No.  696). 

Mr.  President  stated  the  question  to  be  upon  agreeing  to  the 
report  of  the  Committee  of  the  Whole. 

Mr.  Parsons  moved  to  amend  the  motion  to  agree  with  the  re- 
port from  the  Committee  of  the  Whole  by  moving  to  recommit  to 
the  Committee  of  the  Whole  with  instructions  to  report  forthwith 
amended  as  follows: 

Page  5,  line  6,  insert  the  following  "  section  twenty-five  of  such 
article  is  hereby  repealed  ". 

Page  5,  enclose  in  brackets  Section  25. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Said  report  having  been  amended  as  directed,  the  President 
put  the  question  whether  the  Convention  would  agree  to  said 
report  as  amended  and  it  was  determined  in  the  affirmative. 

Mr.  Rodenbeck  from  the  Committee  on  Eevision  and  Engross- 
ment, to  which  was  referred  the  Proposed  constitutional  amend- 
ment introduced  by  Mr.  Dow  (No.  852,  Int.  No.  708),  entitled: 
"  Proposed  constitutional  amendment  to  insert  in  the  Constitu- 
tion a  new  article  in  relation  to  the  conservation  of  natural 
resources,"  reports  the  same  as  examined,  found  correct  and  prop- 
erly engrossed. 

ADOLPH   J.    RODENBECK, 

Chairman. 

which  report  was  accepted  and  said  Proposed  amendment  ordered 
placed  on  the  third  reading  calendar. 


CONSTITUTIONAL  CONVENTION  617 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order  being  Pro- 
posed constitutional  amendment  to  amend  Section  one,  Article 
IV  of  the  Constitution.     (No.  755,  Int.  No.  702.) 

After  some  time  spent  therein  the  President  resumed  the  Chair 
and  Mr.  Hinman  from  said  committee  reported  in  favor  of  the 
passage  of  the  Proposed  amendment  with  amendments  which  re- 
port was  agreed  to  and  said  proposition  ordered  reprinted  as 
amended  and  to  a  third  reading. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order  being 
"  Proposed  constitutional  amendment  to  amend  section  eight, 
article  five  of  the  constitution,  in  order  to  permit  the  .noncom- 
pulsory  inspection  and  grading  of  food  products  "  (No.  790,  Int. 
No.  131). 

After  some  time  spent  therein  the  President  resumed  the  Chair 
and  Mr.  Hinman  from  said  committee  reported  in  favor  of  the 
passage  of  the  Proposed  amendment  which  report  was  agreed  to 
and  said  proposition  ordered  to  a  third  reading. 

On  motion  of  Mr.  Wickersham  the  Convention  adjourned. 


THURSDAY,  SEPTEMBER  2,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Eev.  Charles  S.  Hager. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Tuesday,  August 
31st,  was  approved. 

The  President  presented  the  memorial  of  the  canal  boat  masters 
of  the  city  of  Buffalo,  which  was  referred  to  the  Committee  on 
Canals. 

On  motion  of  Mr.  Barnes,  "  Proposed  constitutional  amend- 
ment to  amend  Article  III  of  the  Constitution,  relating  to  the 
powers  of  the  Legislature"  (No.  753,  Int.  No.  700),  was  recom- 
mitted to  the  Committee  on  Legislative  Powers. 


618 


JOURNAL  OF  THE 


Proposed  amendment  (No.  852,  Int.  No.  708)  entitled  "  Pro- 
posed constitutional  amendment  to  insert  in  the  Constitution  a 
new  article,  in  relation  to  the  conservation  of  natural  resources," 
was  read  the  third  time  and  passed,  a  majority  of  the  delegates 
elected  to  the  Convention  voting  in  favor  thereof. 


Those  who  voted  in  the  affirmative  were: 


Adams 

Daly 

Heaton 

O'Brien  M  J 

Standart 

Allen  F  C 

Dennis 

Johnson 

Olcott 

Steinbrink 

Angell 

Deyo 

Jones 

Ostrander 

Stimson 

Austin 

Dick 

Landreth 

Owen 

Tierney 

Baldwin 

Donovan 

Latson 

Parmenter 

Unger 

Bannister 

Dooling 

Law 

Parsons 

Vanderlyn 

Barnes 

Doughty 

Leary 

Pelletreau 

Van  Ness 

Barrett 

Dow 

Leitner 

Phillips  J  S 

Wadsworth 

Baumes     . 

Drummond 

Lincoln 

Phillips  S  K 

Wafer 

Bayes 

Dunmore 

Linde 

Potter 

Ward 

Beach 

Dykman 

Lindsay 

Quigg 

Waterman 

Bell 

Eggleston 

Low 

Reeves 

Webber  C  A 

Berri 

Eppig 

Mandeville 

Rhees 

Weber  R  E 

Blauvelt 

Fancher 

Mann 

Rosch 

Weed 

Bockes 

Fobes 

Martin  F 

Ryder 

Westwood 

Brenner 

Fogarty 

Martin  L  M 

Sanders 

Wheeler 

Burkan 

Ford 

Marshall 

Sargent 

Whipple 

Buxbaum 

Franchot 

Mathewson 

Saxe  M 

White  C  J 

Byrne 

FraDk 

Mealy 

Schurman 

Wickersham 

Clinton 

Gladding 

Meigs 

Sears 

Wiggins 

Clearwater 

Greff 

Mulry 

Sharpe 

Wood 

Cobb 

Griffin 

Nicoll  D 

Shipman 

Young  C  H 

Coles 

Haffen 

Nixon 

Smith  E  N 

Young  F  L 

Curran 

Hale 

O'Brian  J  L 

Stanchfield 

President 

Dahm 

Those  who  voted  in 

the  negative  i 

were : 

Aiken 

Leggett 

Mereness 

Parker 

Stowell 

Betts 

McKinney 

Nye 

Smith  R  B 

Williams 

Endres 

121 


11 


By  unanimous  consent,  the  fact  that  Messrs.  Dunlap,  Green 
and  J.  G.  Saxe  were  unavoidably  absent  at  the  final  passage  of 
Proposed  amendment  No.  852,  Int.  No.  708,  and  would  if  present 
have  voted  "  aye "  was  ordered  entered  and  spread  upon  the 
journal. 

Proposed  amendment  (No.  850,  Int.  No.  718)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Article  VI  of  the  Con- 
stitution, generally,' '  was  read  the  third  time  and  passed,  a  ma- 
jority of  the  delegates  elected  to  the  Convention  voting  in  favor 
thereof. 


CONSTITUTIONAL  CONVENTION 


619 


Those  who  voted  in  the  affirmative  were: 


Adams 

Dennis 

Jones 

Nye 

Smith  R  B 

Ahearn 

Deyo 

Kirby 

O'Brian  J  L 

Stanchfield 

Aiken 

Dick 

Landreth 

O'Brien  M  J 

Standart 

Allen  F  C 

Donovan 

Latson 

Olcott 

Steinbrink 

Baldwin 

Doob'ng 

Law 

Ostrander 

Stimson 

Bannister 

Doughty 

Leary 

Owen 

Stowell 

Barnes 

Dow 

Leggett 

Parmenter 

Tierney 

Barrett 

Drummond 

Leitner 

Parsons 

Tuck 

Baumes 

Dunmore 

Lennox 

Pelletreau 

Vanderlyn 

Bayes 

Dykman 

Lincoln 

Phillips  J  S 

Van  Ness 

Beach 

Eggleston 

Linde 

Phillips  S  K 

Wadsworth 

Bell 

Endres 

Lindsay 

Potter 

Wafer 

Berri 

Eppig 

Low 

Quigg 

Ward 

Betts 

Fancher 

McKinney 

Reeves 

Waterman 

Blauvelt 

Fobes 

Mandeville 

Rhees 

Webber  C  A 

Bockes 

Fogarty 

Mann 

Rosch 

Weed 

Brenner 

Ford 

Marshall 

Ryder 

Westwood 

Burkan 

Franchot 

Martin  F 

Sanders 

Wheeler 

Buxbaum 

Frank 

Martin  L  M 

Sargent 

Whipple 

Byrne 

Gladding 

Mathewson 

Saxe  M 

White  C  J 

Clinton 

Green 

Mealy 

Schoonhut 

Wickersham 

Clearwater 

Greff 

Meigs 

Schurman 

Wiggins 

Cobb 

Griffin 

Mereness 

Sears 

Williams 

Coles 

Haffen 

Mulry 

Sharpe 

Wood 

Cullinan 

Hale 

Nicoll  C 

Sheehan 

Young  C  H 

Curran 

Heaton 

Nicoll  D 

Shipman 

Young  F  L 

Daly 

Johnson 

Nixon 

Smith  E  N 

President 

135 

Those  who  voted  in  the  negative  were: 
Austin  Dahm  Unger  3 

By  unanimous  consent,  the  fact  that  Messrs.  Dunlap,  Donnelly, 
Foley,  Harawitz,  Newburger  and  Wagner  were  unavoidably  absent 
at  the  time  of  the  passage  of  Proposed  amendment  No.  850,  Int. 
No.  718,  and  would,  if  present,  have  voted  "  aye "  upon  said 
proposition  was  ordered  entered  upon  the  journal. 

By  unanimous  consent,  the  fact  that  Messrs.  Eisner  and  J.  G. 
£axe  were  unavoidably  absent  at  the  time  of  the  passage  of  pro- 
posed amendment  No.  850,  Int.  No.  718,  and  would,  if  present, 
have  voted  "  no  "  was  ordered  entered  upon  the  journal. 

Proposed  amendment  (No.  851,  Int.  No.  712)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Article  XII  of  the 
Constitution,  generally,  in  relation  to  cities  and  villages  and  their 
powers  of  self  government,"  was  read  the  third  time  and  passed, 
a  majority  of  the  delegates  elected  to  the  Convention  voting  in 
favor  thereof. 


620 


JOUKNAL  OF  THE 


Those  who  voted  in  the  affirmative  were: 


Adams 

Deyo 

Latson 

Parmenter 

Steinbrink 

Aiken 

Dick 

Law 

Parsons 

Stimson 

Allen  F  C 

Dooling 

Leggett 

Pelletreau 

Stowell 

Angell 

Doughty 

Lennox 

Phillips  J  S 

Tierney 

Austin 

Dow 

Lincoln 

Phillips  S  K 

Tuck 

Baldwin 

Dunmore 

Linde 

Potter 

Vanderlyn 

Bannister 

Dykman 

Lindsay 

Quigg 

Van  Ness 

Barrett 

Eggleston 

Low 

Reeves 

Wadsworth 

Baumes 

Endres 

McKinney 

Rhees 

Wafer 

Bayes 

Fancher 

Mandeville 

Rosch 

Waterman 

Beach 

Fobes 

Martin  L  M 

Ryan 

Webber  C  A 

Bell 

Ford 

Marshall 

Ryder 

Weber  R  E 

Bernstein 

Franchot 

Mathewson 

Sanders 

Weed 

Berri 

Frank 

Mealy 

Sargent 

Westwood 

Betts 

Gladding 

Meigs 

Saxe  M 

Wheeler 

Blauvelt 

Green 

Mereness 

Schoonhut 

Whipple 

Bockes 

Greff 

Nicoll  C 

Schurman 

White  C  J 

Brenner 

Griffin 

Nicoll  D 

Sears 

Wickersham 

Buxbaum 

Hale 

Nixon 

Sharpe 

Wiggins 

Clinton 

Heaton 

Nye 

Slevin 

Williams 

Clearwater 

Johnson 

O'Brian  J  L 

Smith  E  N 

Wood 

Cobb 

Jones 

O'Brien  M  J 

Smith  R  B 

Young  C  H 

Coles 

Kirby 

Olcott 

Stanchfield 

Young  F  L 

Cullinan 

Landreth 

Parker 

Standart 

President 

Those  who  voted  in 

the  negative  were: 

Ahearn 

Daly 

Leitner 

Ostrander 

Unger 

Barnes 

Donovan 

Martin  F 

Sheehan 

Wagner 

Burkan 

Drummond 

Mulry 

Smith  A  E 

Ward 

Dahm 

Fogarty 

120 


17 


By  unanimous  consent,  the  fact  that  Messrs.  Byrne,  Dunlap, 
Eisner  and  Newburger  were  unavoidably  absent  during  the  final 
passage  of  Proposed  amendment  No.  851,  Int.  No.  712,  and  would, 
if  present,  have  voted  "  aye "  on  said  proposition  was  ordered 
entered  upon  the  journal. 

By  unanimous  consent,  the  fact  that  Mr.  Foley  was  unavoid- 
ably absent  during  the  final  passage  of  Proposed  amendment  No. 
851,  Int.  No.  712,  and  would,  if  present,  have  voted  "  no  "  was 
ordered  entered  upon  the  journal. 

Proposed  amendment  (No.  829,  Int.  No.  713)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Section  ten  of  Article 
VIII  of  the  Constitution,  by  dividing  it  into  two  sections  to  be 
known  respectively  as  Sections  ten  and  eleven,  by  amending  the 
second  part  thereof,  and  by  adding  a  new  section  to  be  known  as 
Section  twelve,"  having  been  announced, 

Mr.  President  stated  the  question  to  be  upon  the  pending  mo- 
tions of  yesterday,  recommitting  said  proposition  with  instruc- 
tions to  amend  and  report  forthwith. 


CONSTITUTIONAL  CONVENTION  621 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  the  first  motion  of  Mr.  R.  B.  Smith,  and  it  was  determined 
in  the  affirmative. 

.  Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  the  second  motion  of  Mr.  It.  B.  Smith,  and  it  was  de- 
termined in  the  affirmative. 

By  unanimous  consent,  Mr.  Stimson  withdrew  his  amendment 
and  substituted  therefor  the  following: 

u  The  Legislature  shall  provide  for  the  method  and  limitations 
under  which  debts  may  be  contracted  by  the  cities,  counties, 
towns,  villages  and  other  civil  divisions  of  the  State  to  the  end 
that  such  debts  shall  be  payable  in  annual  installments,  the  last 
of  which  shall  fall  due  and  be  paid  within  fifty  years  after  such 
debt  shall  have  been  contracted,  and  that  no  such  debt  shall  be 
contracted  for  a  period  longer  than  the  probable  life  of  the  work 
or  object  for  which  the  debt  is  to  be  contracted." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  of  Mr.  Stimson,  and  it  was  determined  in 
the  affirmative. 

The  third  motion  of  Mr.  R.  B.  Smith  was  thereupon  with- 
drawn. 

The  motion  of  Mr.  Austin  was  thereupon  withdrawn. 

The  motion  of  Mr.  Deyo  was  thereupon  withdrawn. 

Mr.  Low,  from  the  Committee  on  Cities,  reported  said  Pro- 
posed amendment  amended  as  directed,  and  the  same  was  ordered 
reprinted  and  placed  on  the  order  of  third  reading. 

Proposed  amendment  (No.  845,  Int.  No.  710)  entitled  "Pro- 
posed constitutional  amendment  to  amend  Section  eight  of  Article 
VII  of  the  Constitution,  in  relation  to  the  disposal  of  canal  termi- 
nals and  surplus  waters  of  the  canals  and  the  title  to  State  appro- 
priations," having  been  announced, 

Mr.  Wickersham  moved  that  the  same  be  recommitted  to  the 
Committee  on  Canals  with  instructions  to  report  the  same  forth- 
with amended  as  follows: 

Page  1,  line  6,  after  the  word  "  nor  "  insert  "  except  as  herein 
otherwise  provided  ". 

Page  3,  strike  out  lines  16,  17  and  18. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 


622 


JOUBSTAL  OF  THE 


Mr.  Cobb  moved  that  the  same  be  recommitted  to  the  Committee 
on  Canals  with  instructions  to  report  the  same  forthwith  amended 
as  follows: 

On  page  1,  line  5,  before  the  word  "  or  "  at  the  end  of  the  line, 
insert  in  italics  the  words  "  the  improved  barge  canals  ". 

On  line  6,  before  the  word  "  canal  "  insert  in  italics  the  word 
"  any  ". 

On  page  2,  after  the  u  ]  "  on  line  12,  strike  out  the  balance  of 
the  page. 

On  page  3,  strike  out  all  italicized  matter  through  line  15  and 
insert  in  italics  the  following :  "  The  foregoing  prohibition  shall 
not  apply  to  such  portions  of  the  existing  canals  as,  by  reason  of 
changes  made  pursuant  to  laws  heretofore  enacted  for  the  im- 
provement of  the  canals  of  the  State,  shall  no  longer  be  required 
for  canal  purposes ;  but  no  sale,  lease  or  other  disposition  thereof 
shall  be  made  until  they  shall  have  been  abandoned  by  general 
laws  enacted  pursuant  to  the  recommendation  of  the  Canal  Board. 
Any  such  sale,  lease  or  other  disposition  shall  be  subject  to  the 
approval  of  the  Commissioners  of  the  Land  Office  and  secure  to 
the  State  the  fair  value  of  the  property  affected." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

Mr.  Cobb  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  Canals  with  instructions  to  report  the  same  forthwith 
amended  as  follows: 

Page  3,  line  22,  strike  out  all  of  line  after  the  word  "  only  ", 
all  of  line  23  and  line  24  to  and  including  the  word  "  canal ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative.  * 

Said  proposed  amendment  was  then  read  the  third  time  and 
passed,  a  majority  of  the  delegates  elected  to  the  Convention  vot- 
ing in  favor  thereof. 

Those  who  voted  in  the  affirmative  were: 


Adams 

Deyo 

Landreth 

Olcott 

Standart 

Ahearn 

Doughty 

Latson 

Ostrander 

Steinbrink 

Allen  F  C 

Dow 

Law 

Owen 

Stimson 

Angell 

Drummond 

Leary 

Parker 

Stowell 

Austin 

Dunlap 

Leitner 

Parmenter 

Tierney 

Baldwin 

Dunmore 

Lennox 

Pelletreau 

Tuck 

Bannister 

Dykman 

Lincoln 

Phillips  J  S 

Unger 

Barnes 

Eggleston 

Linde 

Phillips  S  K 

Vanderlyn 

Barrett 

Eisner 

Lindsay 

Quigg 

Van  Ness 

Baumes 

Endres 

Low 

Reeves 

Wadsworth 

Bayes 

Eppig 

McKean 

Rhees 

Wafer 

Beach 

Fancher 

McKinney 

Rodenbeck 

Wagner 

CONSTITUTIONAL  CONVENTION 


623 


Bernstein 

Fobes 

Mandeville 

Ryan 

Ward 

Berri 

Fogarty 

Martin  L  M 

Ryder 

Waterman 

Bockes 

Frank 

Marshall 

Sanders 

Webber  C  A 

Brackett 

Gladding 

Mathewson 

Sargent 

Weed 

Brenner 

Green 

Mealy 

Saxe  J  G 

Westwood 

Bunce 

Greff 

Meigs 

Schoonhut 

Wheeler 

Burkan 

Griffin 

Mereness 

Schurman 

Whipple 

Byrne 

Haffen 

Mulry 

Sharpe 

White  C  J 

Clearwater 

Hale 

Newburger 

Shipman 

Williams 

Clinton 

Harawitz 

Niooll  C 

Smith  A  E 

Wood 

Cobb 

Heaton 

Nicoll  D 

Smith  E  N 

Young  C  H 

Coles 

Hinman 

Nixon 

Smith  R  B 

Young  F  L 

Cullinan 

Johnson 

Nye 

Stanchfield 

President 

Dahm 

Jones 

Those  who  voted  in 

the  negative  i 

tvere: 

Aiken 

Blauvelt 

Leggett 

Parsons 

Sears 

Bell 

Dick 

O'Brian  J  L 

Potter 

Wickersham 

127 


10 


Proposed  amendment  (No.  843,  Int.  No.  716)  entitled  "  Pro- 
posed constitutional  amendment  repealing  Sections  one,  two, 
three,  four,  six  and  seven  of  Article  V  and  creating  a  new  Article 
V  in  relation  to  State  officers,"  having  been  announced, 

Mr.  Latson  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  Governor  and  Other  State  Officers  with  instructions  to 
report  the  same  forthwith  amended  as  follows : 

Page  6,  at  end  of  page  insert  the  following: 

"  Section  7.  This  article  shall  not  apply  to  the  military  or  naval 
affairs  or  forces,  nor  to  property  from  time  to  time  devoted  to 
military  or  naval  purposes." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative.     . 

Mr.  Rhees,  from  the  Committee  on  Governor  and  Other  State 
Officers,  reported  said  proposed  amendment  amended  as  directed, 
and  the  same  was  ordered  reprinted  and  placed  on  the  order  of 
third  reading. 

On  motion  of  Mr.  Wickersham,  the  order  of  third  reading  was 
suspended  until  the  evening  session. 

Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  the  Committee  on  Governor  and  Other  State 
Officers,  etc.  (No.  858,  Int.  No.  702),  entitled  "  Proposed  consti- 
tutional amendment  to  amend  Sections  one  and  four,  Article  IV, 
of  the  Constitution,"  reports  the  same  as  examined,  found  correct 

and  properly  engrossed.  A  T   x> 

r    ^  °  Adolph  J.  Rodenbeck, 

Chairman. 


624  JOURNAL  OF  THE 

which  report  was  accepted  and  said  Proposed  amendments  or- 
dered placed  on  the  third  reading  calendar. 

Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  Proposed  constitutional  amend- 
ment introduced  by  the  Committee  on  Public  Utilities  (No.  856, 
Int.  No.  706),  entitled  "  Proposed  constitutional  amendment  to 
amend  Article  V  of  the  Constitution  by  adding  a  new  section 
thereto  relating  to  public  service  commissions." 

Also,  the  "  Proposed  constitutional  amendment  to  amend  Sec- 
tion twenty  of  Article  III  of  the  Constitution,  in  relation  to  the 
appropriation  of  public  moneys  for  construction  purposes." 

Also,  the  proposed  constitutional  amendment  introduced  by  the 
Committee  on  Future  Amendments  (No.  855,  Int.  No.  715),  en- 
titled "  Proposed  constitutional  amendment  to  amend  Article  XIV 
of  the  Constitution,  in  relation  to  future  amendments  and  revi- 
sions of  the  Constitution,  and  permitting  the  validity  of  an  elec- 
tion on  a  question  submitted  and  the  determination  of  the  result 
of  such  an  election  to  be  contested  by  any  elector  in  an  action 
brought  in  the  Supreme  Court  and  by  making  provision  with  re- 
spect to  questions  coincidently  submitted  by  a  Convention  and  the 
Legislature." 

Also,  the  Proposed  constitutional  amendment  introduced  by  the 
Committee  on  Counties,  Towns  and  Villages,  their  Organization 
and  Government  (No.  853,  Int.  No.  721),  entitled  "  Proposed 
constitutional  amendment  to  amend  Articles  III  and  X  of  the 
Constitution,  in  relation  to  changes  in  the  form  of  county  govern- 
ment, and  to  the  powers  and  duties  of  certain  county,  town  and 
village  officers,"  reports  the  same  as  examined,  found  correct  and 
properly  engrossed. 

ADOLPH   J.    RODENBECK, 

Chairman. 

which  report  was  accepted  and  said  Proposed  amendments  or- 
dered placed  on  the  third  reading  calendar. 

Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  Proposed  constitutional  amend- 
ment introduced  by  Committee  on  Legislative  Powers  (No.  859, 
Int.  No.  696),  entitled  "  Proposed  constitutional  amendment  to 
amend,  generally,  Article  III  of  the  Constitution,  following  Sec- 
tion nine  and  to  repeal  Sections  twenty-three  and  twenty-^nve  of 
such  Article,"  reports  the  same  with  the  following  recommen- 
dations : 

Page  1,  strike  out  lines  1  to  5,  inclusive. 
Page  2,  strike  out  lines  1  to  5,  inclusive. 


CONSTITUTIONAL  CONVENTION  625 

Page  2,  line  6,  strike  out  "  §  2  "  and  insert  "  Section  1  ". 
In  the  same  line  strike  out  "  such  "  and  insert  after  "article  " 
the  words  "  three  of  the  constitution  ". 

Page  2,  line  14,  change  the  numeral  "  3  "  to  "  2  ". 
Page  3,  line  3,  change  the  numeral  "  4  "  to  "  3  ". 
Page  5,  line  1,  change  the  numeral  "  5  "  to  "  4  ". 
Page  5,  line  8,  change  the  numeral  "  6  "  to  "  5  ". 
Page  5,  line  13,  change  the  numeral  "  7  "  to  "  6  ". 
Page  5,  line  22,  change  the  numeral  "  8  "  to  "  7  ". 

AdOLPH    J.    RODEXBECK, 

Chairman. 

which  report  was  accepted  and  said  Proposed  amendment  ordered 
reprinted  and  engrossed  for  a  third  reading. 

Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  Proposed  constitutional  amend- 
ment introduced  by  Mr.  Franchot  (No.  790,  Int.  No.  131),  en- 
titled "  Proposed  constitutional  amendment  to  amend  Section 
eight,  Article  V,  of  the  Constitution,  in  order  to  permit  the  non- 
compulsory  inspection  and  grading  of  food  products,"  reports  the 
same  with  the  following  recommendations: 

Page  1,  line  3,  strike  out  the  section  mark  and  insert  "  Sec- 
tion ". 

Page  1,  line  6,  after  "  law "  insert  a  colon  enclosed  with 
brackets  and  italicize  the  semicolon. 

Page  1,  line  7,  after  "  office  "  and  before  the  ensuing  bracket 
insert  in  italics  "  for  the  non-compulsory  inspection  and  grading 
of  food  products,  or  ". 

Page  2,  strike  out  the  italicized  matter  in  lines  1  and  2. 

Adolph  J.  Rodenbeck, 

( 'h  airman. 

which  report  was  accepted  and  said  Proposed  amendment  ordered 
reprinted  and  engrossed  for  a  third  reading. 

The  hour  of  one  o'clock  p.  m.  having  arrived  the  President 
declared  the  Convention  in  recess  until  two  o'clock  and  thirty 
minutes  p.  m. 
40 


626 


JOURNAL  OF  THE 


TWO  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened. 

Upon  the  direction  of  the  President  the  Secretary  called  the 
roll  of  delegates  and  the  following  responded : 


Adams 

Dahm 

Kirby 

O'Connor 

Smith  E  N 

Ahearn 

Daly 

Landreth 

Olcott 

Smith  R  B 

Aiken 

Dennis 

Latson 

Ostrander 

Stanchfield 

Allen  F  C 

Deyo 

Law 

Owen 

Standart 

Allen  VM 

Dick 

Leary 

Parker 

Steinbrink 

Angell 

Donnelly 

Leggett 

Parmenter 

Stimson 

Austin 

Dooling 

Leitner 

Parsons 

Stowell 

Baldwin 

Doughty 

Lennox 

Pelletreau 

Tierney 

Bannister 

Dow 

Lincoln 

Phillips  S  K 

Tuck 

Barnes 

Dunlap 

Linde 

Potter 

Unger 

Barrett 

Dunmore 

Lindsay 

Quigg 

Van  Ness 

Baumes 

Dykman 

Low 

Reeves 

Wadsworth 

Bayes 

Eggleston 

McKean 

Rhees 

Wafer 

Beach 

Eisner 

Marshall 

Rosch 

Wagner 

Bell 

Fancher 

Martin  F. 

Ryder 

Ward 

Berri 

Fobes 

Martin  L  M 

Sanders 

Waterman 

Bockes 

Fogarty 

Mathewson 

Sargent 

Weed 

Brackett 

Franchot 

Meigs 

Saxe  J  G 

Westwood 

Brenner 

Frank 

Mereness 

Schoonhut 

Wheeler 

Bunce 

Griffin 

Newburger 

Schurman 

White  C  J 

Byrne 

Haffen 

Nicoll  C 

Sears 

Wickersham 

Clearwater 

Hale 

Nicoll  D 

Sharpe 

Wiggins 

Clinton 

Harawitz 

Nixon 

Sheehan 

Wood 

Cobb 

Hinman 

Nye 

Shipman 

Young  C  H 

Coles 

Johnson 

O'Brian  J  L 

Slevin 

Young  F  L 

Cullinan 

Jones 

O'Brien  M  J 

Smith  A  E 

President 

130 

Mr.  Latson,  from  the  Committee  on  Militia  and  Military 
Affairs,  presented  the  following  report: 

Your  Committee  on  Militia  and  Military  Affairs  has  retained 
under  consideration  several  proposed  amendments  and  begs  to 
submit  this,  its  final  report. 

Printed  No.  266,  by  Mr.  Heyman. 

Printed  No.  439,  by  Mr.  C.  Nicoll. 
The  purpose  of  these  bills  was  to  accord  certain  Civil  Service 
recognition  to  members  of  the  National  Guard,  who  had  received 
or  might  be  entitled  to  receive  a  full  and  honorable  discharge. 
Your  Committee  favor  this  proposition,  and  it  has  been  com- 
mended by  all  commanding  officers  of  the  National  Guard  who 
appeared  before  your  Committee.  The  prevailing  opinion  has 
been,  however,  to  the  effect  that  while  such  a  measure  would  be 
meritorious  and  just,  it  is  a  matter  more  properly  for  considera- 
tion by  the  Legislature  than  for  Constitutional  enactment. 


CONSTITUTIONAL  CONVENTION  627 

Printed  No.  675,  by  Mr.  Tuck. 

This  proposed  amendment  contemplates  compulsory  military 
service.  There  has  been  a  strong  desire  on  the  part  of  your  Com- 
mittee to  devise  and  offer  some  affirmative  suggestion  designed  to 
awaken  a  greater  interest  in  military  matters  and  to  impress  upon 
our  community  the  necessity  now  so'  earnestly  urged  upon  us 
from  many  quarters. 

For  example,  it  has  been  suggested  that  all  males  between  the 
ages  of  eighteen  and  twenty-one,  who  receive  scholarships  from 
the  Department  of  Education,  should,  in  return,  obligate  them- 
selves to  devote  an  appropriate  share  of  their  time  to  military 
training. 

Again,  it  has  been  suggested  that  in  our  Educational  Article, 
a  provision  might  wisely  be  inserted  to  the  effect  that  our  system 
of  public  education  include  some  teaching  in  military  science. 
This  would  have  a  marked  effect  upon  the  coming  generation 
and,  if  carried  into  our  evening  schools,  its  influence  would  be 
felt  upon  many  now  available  for  military  service. 

All  such  suggestions,  however,  including  the  provision  for 
compulsory  military  service  would  seem  properly  within  the 
scope  of  legislation  and  it  has  been  deemed  unwise  to  embody  any 
such  mandatory  provisions  in  the  Constitution. 

Printed  No.  452,  by  Mr.  Coles. 
Printed  No.   544,  by  Mr.  Bayes. 

Your  Committee  has  been  very  earnestly  requested  to  report 
one  or  the  other  of  these  proposed  amendments,  particularly  in 
view  of  the  fact  that  provisions  of  a  similar  nature  are  to  be 
found  in  former  Constitutions  of  this  State. 

Your  Committee  direct  attention  to  the  language  of  our  present 
Constitution  on  this  subject  which  recognizes  "  such  exemptions 
as  are  now  or  may  be  hereafter  created  by  the  laws  of  the  United 
States  or  by  the  Legislature  of  this  State."  The  Military  Law 
of  this  State  specifically  prescribes  that  all  persons  exempt  from 
military  service  under  the  laws  of  the  United  States  shall  be 
exempt  in  this  State.  Congress  has  declared  an  express  exemp- 
tion in  this  regard  by  the  Act  of  January  21,  1903.  The  exemp- 
tion there  provided,  thus  controls  both  the  State  Constitution 
and  the  State  Military  Law. 

These  proposed  amendments  have  been  under  consideration  by 
the  Committee  on  Bill  of  Rights,  as  well  as  by  your  Committee 
on  Militia  and  Military  Affairs.  Both  Committees  recognize  and 
approve  the  underlying  principle  of  religious  toleration  for  which 
these  amendments  stand,  but  regard  their  enactment  as  unneces- 
sary in  view  of  the  existing  provisions  of  Constitutional  and 
Statute  Law  above  quoted. 


628  JOURNAL  OF  THE 

Printed  No.  435,  by  Mr.  Curran, 
This  bill  has  likewise  been  under  consideration  jointly  by  your 
Committee  on  Militia  and  Military  Affairs,  and  your  Committee 
on  Bill  of  Rights.  A  difference  of  opinion  has  developed. 
While  the  Committee  on  Bill  of  Rights  have  reported  this 
measure  favorably  with  a  slight  change  in  phraseology,  your 
Committee  on  Militia  and  Military  Affairs  disapprove  the  same. 
There  are  many  civilians  employed  to  accompany  a  military 
force.  All  such  civilians  are  subject  to  Articles  of  War  and 
regulations  governing  the  military  forces.  They  are  triable  by 
Courts  Martial.  To  deny  Military  Courts  this  jurisdiction  would 
substantially  destroy  discipline.  This  is  true  with  reference  to 
civilian  teamsters,  civilian  clerks,  civilian  mechanics,  civilian 
farriers,  civilian  hostlers  and  many  others  who  are  as  much  a 
part  of  the  military  force  for  the  purpose  of  its  mission  as  are 
the  officers  and  soldiers  who  constitute  its  military  personnel. 
There  are  many  military  offenses  which  do  not  constitute  a  crime 
under  the  provisions  of  our  penal  law,  and  it  would  be  difficult 
to  determine  how  such  offenses  could  be  dealt  with,  if  the  juris- 
diction of  disciplinary  courts  were  removed. 

Respectfully  submitted, 

Almet  R.  Latson, 

Chairman. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order,  being  "  Pro- 
posed constitutional  amendment  to  amend  Article  III  of  the  Con- 
stitution, in  regard  to  the  power  of  the  Legislature  to  prohibit 
manufacturing  in  structures  used  for  dwelling  purposes  "  (No. 
419,  Int.  No.  407). 

1  After  some  time  spent  therein  the  President  resumed  the  Chair 
and  Mr.  Sears  from  said  committee  reported  in  favor  of  the  pas- 
sage of  the  said  proposed  amendment  with  amendments,  which  re- 
port was  agreed  to  and  said  proposition  ordered  reprinted  as 
amended  and  to  a  third  reading. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order,  being  "  Pro- 
posed constitutional  amendment  to  amend  Sections  eighteen  and 
nineteen  of  Article  I  of  the  Constitution,  in  regard  to  damages  for 
injuries  causing  death,  laws  for  the  protection  of  the  lives,  health 
or  safety  of  employees,  and  workmen's  compensation  for  injuries 
or  death  from  accidents  or  occupational  diseases  "  (No.  792,  Int. 
No.  714). 


CONSTITUTIONAL  CONVENTION  629 

After  some  time  spent  therein  the  President  resumed  the  Chair 
and  Mr.  Sears  from  said  committee  reported  in  favor  of  the  pas- 
sage of  said  Proposed  amendment  with  amendments  which  report 
was  agreed  to  and  said  proposition  ordered  reprinted  as  amended 
and  to  a  third  reading. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order,  being 
"  Proposed  constitutional  amendment  to  amend  Sections  one,  two, 
three,  four,  five,  seven,  eight  and  nine  of  Article  III  of  the  Con- 
stitution, and  to  transfer  Section  six  of  Article  X  into  Article 
III"  (No.  836,  Int.  No.  722). 

After  some  time  spent  therein  the  President  resumed  the  Chair 
and  Mr.  Sears  from  said  committee  reported  progress  and  asked 
leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

Mr.  Rodenbeck  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  Proposed  constitutional  amend- 
ment introduced  by  the  Committee  on  Legislative  Powers  (No. 
861,  Int.  No.  696),  entitled  "Proposed  constitutional  amendment 
to  amend,  generally,  Article  III  of  the  Constitution,  following  Sec- 
tion nine  and  to  repeal  Sections  twenty-three  and  twenty-five  of 
such  article." 

Also,  the  Proposed  constitutional  amendment  introduced  by  Mr. 
Franchot  (No.  860,  Int.  No.  131),  entitled  "Proposed  constitu- 
tional amendment  to  amend  Section  eight,  Article  V  of  the  Con- 
stitution, in  order  to  permit  the  non-compulsory  inspection  and 
grading  of  food  products,"  reports  the  same  as  examined,  found 
correct  and  correctly  engrossed. 

ADOLPH  J.  RODENBECK, 

Chairman. 

which  report  was  accepted  and  said  Proposed  amendment  ordered 
placed  on  the  third  reading  calendar. 

Mr.  Rodenbeck  from  the  Committee  on  Revision  and  Engross- 
ment to  which  was  referred  the  Proposed  constitutional  amend- 
ment introduced  by  the  Committee  on  Governor  and  Other  State 
Officers  (No.  863,  Int.  No.  716),  entitled  "Proposed  constitu- 
tional amendment  repealing  Sections  one,  two,  three,  four,  six  and 
seven  of  Article  V  and  creating  a  new  Article  V  in  relation  to 
state  officers." 


630 


JOURNAL  OF  THE 


Also,  the  Proposed  constitutional  amendment  introduced  by  the 
Committee  on  Cities  (No.  862,  Int.  No.  713),  entitled  ''Pro- 
posed constitutional  amendment  to  amend  Section  ten  of  Artich 
VIII  of  the  Constitution,  by  dividing  it  into  two  sections  to  be 
known  respectively  as  Sections  ten  and  eleven,  by  amending  the 
second  part  thereof,  and  by  adding  a  new  section  to  be  known  as 
Section  twelve,"  reports  the  same  as  examined,  found  correct  and 
properly  engrossed. 

AdOLBH  J.  RoDENBECK, 

Chairman. 

which  report  was  accepted  and  said  Proposed  amendments  or- 
dered placed  on  the  third  reading  calendar. 

The  hour  of  five  o'clock  and  thirty  minutes  p.  m.  having  arrived, 
the  President  declared  the  Convention  in  recess  until  eight  o'clock 
and  thirty  minutes  p.  m. 


EIGHT  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 


The  Convention  again  convened. 

Upon  the  direction  of  the  President,  the  Secretary  called  the  roll 
of  delegates  and  the  following  responded : 


Adams 

Ahearn 

Aiken 

Allen  FC 

Angell 

Austin 

Baldwin 

Bannister 

Barnes 

Barrett 

Baumes 

Beach 

Bell 

Bernstein 

Berri 

Betts 

Blauvelt 

Bockes 

Brenner 

Bunce 

Buxbaum 

Clearwater 


Deyo 

Landreth 

Olcott 

Smith  T  F 

Dick 

Latson 

Ostrander 

Stanchfield 

Donnelly 

Law 

Parker 

Standart 

Donovan 

Leary 

Parmenter 

Steinbrink 

Dooling 

Leggett 

Parsons 

Stimson 

Doughty 

Lennox 

Pelletreau 

Stowell 

Dow 

Lincoln 

Phillips  S  K 

Tierney 

Drummond 

Linde 

Potter 

Tuck 

Dunlap 

Lindsay 

Quigg 

Unger 

Dunmore 

Low 

Reeves 

Vanderlyn 

Dykman 

McKean 

Rhees 

Van  Ness 

Eggleston 

McKinney 

Richards 

Wafer 

Eisner 

Mandeville 

Rodenbeck 

Wagner 

Endres 

Mann 

Rosch 

Ward 

Eppig 

Marshall 

Ryan 

Waterman 

Fancher 

Martin  F 

Ryder 

Webber  C  A 

Fobes 

Martin  L  M 

Sanders 

Weber  R  E 

Fogarty 

Mathewson 

Sargent 

Weed 

Foley 

Mealy 

Saxe  J  G 

Westwood 

Ford 

Meigs 

Saxe  M 

Wheeler 

Franchot 

Mereness 

Schurman 

Whipple 

Frank 

Mulry 

Sears 

White  C  J 

CONSTITUTIONAL  CONVENTION 


631 


Clinton 

Green 

Newburger 

Sharpe 

Wickersham 

Cobb 

Greff 

Nicoll  C 

Sheen an 

Wiggins 

Coles 

Griffin 

Nicoll  D 

Shipman 

Winslow 

Cullinan 

Haffen 

Nixon 

Slevin 

Wood 

Curran 

Harawitz 

Nye 

Smith  A  E 

Young  C  H 

Dahm 

Heaton 

O'Brian  J  L 

Smith  E  N 

Young  F  L 

Daly 

Johnson 

O'Brien  M  J 

Smith  R  B 

President 

Dennis 

Jones 

147 

Proposed  amendment  (No.  862,  Int.  No.  713),  entitled  "Pro- 
posed constitutional  amendment  to  amend  Section  10  of  Article 
VIII  of  the  Constitution,  by  dividing  it  into  two  sections  to  be 
known  respectively  as  Sections  ten  and  eleven,  by  amending  the 
second  part  thereof,  and  by  adding  a  new  section  to  be  known  as 
Section  twelve,"  was  read  the  third  time  and  passed,  a  majority 
of  the  delegates  elected  to  the  Convention  voting  in  favor  thereof. 

Those  who  voted  in  the  affirmative  were: 


Adams 

Donnelly 

Leary 

Parker 

Standart 

Ahearn 

Donovan 

Leggett 

Parmenter 

Steinbrink 

Aiken 

Dooling 

Lennox 

Parsons 

Stimson 

Allen  F  C 

Doughty 

Lincoln 

Pelletreau 

Stowell 

Angell 

Dow 

Linde 

Phillips  S  K 

Tierney 

Austin 

Drummond 

Lindsay 

Quigg 

Tuck 

Baldwin 

Dunlap 

Low 

Reeves 

Unger 

Bannister 

Dunmore 

McKean 

Rhees 

Vanderlyn 

Barnes 

Dykman 

McKinney 

Richards 

Van  Ness 

Barrett 

Eggleston 

Mandeville 

Rodenbeck 

Wadsworth 

Baumes 

Eisner 

Mann 

Rosch 

Wafer 

Beach 

Endres 

Marshall 

Ryan 

Wagner 

Bell 

Eppig 

Martin  F 

Ryder 

Ward 

Bernstein 

Fancher 

Martin  L  M 

Sanders 

Waterman 

Berri 

Fobes 

Mathewson 

Sargent 

Webber  C  A 

Betts 

Fogarty 

Mealy 

Saxe  J  G 

Weber  R  E 

Blauvelt 

Foley 

Meigs 

Saxe  M 

Weed 

Bockes 

Ford 

Mereness 

Schurman 

Westwood 

Brenner 

Gladding 

Mulry 

Sears 

WTheeler 

Bunce 

Greff 

Newburger 

Sharpe 

Whipple 

Buxbaum 

Griffin 

Nicoll  C 

Sheehan 

White  C  J 

Clearwater 

Haffen 

Nicoll  D 

Shipman 

Wickersham 

Cobb 

Harawitz 

Nixon 

Slevin 

Wiggins 

Cullinan 

Heaton 

Nye 

Smith  A  E 

Winslow 

Curran 

Johnson 

O'Brian  J  L 

Smith  E  N 

Wood 

Daly 

Jones 

O'Brien  M  J 

Smith  R  B 

Young  C  H 

Dennis 

Landreth 

Olcott 

Smith  T  F 

Young  F  L 

Deyo 

Latson 

Ostrander 

Stanchfield 

President 

Dick 

Law 

142 

Proposed  amendment  (No.  854,  Int.  No.  719)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Section  twenty  of 
Article  III  of  the  Constitution,  in  relation  to  the  appropriation 
of  public  moneys  for  construction  purposes/'  was  read  the  third 
time  and  passed,  a  majority  of  the  delegates  elected  to  the  Con- 
vention voting  in  favor  thereof. 


632 


JOURNAL  OF  THE 


Those  who  voted  in  the  affirmative  were: 


Adams 

Dick 

Latson 

Owsn 

Stanchfield 

Ahearn 

Donnelly 

Law 

Parker 

Standart 

Aiken 

Donovan 

Leary 

Parmenter 

Steinbrink 

Allen  F  C 

Dooling 

Leggett 

Parsons 

Stimson 

Angell 

Doughty 

Leitner 

Pelletreau 

Stowell 

Austin 

Dow 

Lennox 

Phillips  J  S 

Tierney 

Baldwin 

Drummond 

Lincoln 

Phillips  S  K 

Tuck 

Bannister 

Dunlap 

Linde 

Potter 

Unger 

Barnes 

Dunmore 

Lindsay 

Quigg 

Vanderlyn 

Barrett 

Eggleston 

Low 

Reeves 

Van  Ness 

Baumes 

Eisner 

McKean 

Rhees 

Wadsworth 

Bayes 

Endres 

McKinney 

Richards 

Wafer 

Beach 

Eppig 

Mandeville 

Rodenbeck 

Wagner 

Bell 

Fancher 

Mann 

Rosch 

Ward 

Bernstein 

Fogarty 

Martin  F 

Ryan 

Waterman 

Berri 

Foley 

Martin  L  M 

Ryder 

Webber  C  A 

Betts 

Ford 

Marshall 

Sanders 

Weber  R  E 

Blauvelt 

Franchot 

Mathewson 

Sargent 

Weed 

Bockes 

Frank 

Mealy 

Saxe  J  G 

Westwood 

Brenner 

Gladding 

Meigs 

Saxe  M 

Wheeler 

Bunce 

Green 

Mereness 

Schurman 

Whipple 

Buxbaum 

Greff 

Mulry 

Sears 

White  C  J 

Clearwater 

Griffin 

Newburger 

Sharpe 

Wickersham 

Cobb 

Haffen 

Nicoll  D 

Shipman 

Wiggins 

Coles 

Harawitz 

Nixon 

Slevin 

Winslow 

Curran 

Heaton 

Nye 

Smith  A  E 

Wood 

Dahm 

Johnson 

O'Brian  J  L 

Smith  E  N 

Young  C  H 

Daly 

Jones 

O'Brien  M  J 

Smith  R  B 

Young  F  L 

Dennis 

Landreth 

Olcott 

Smith  T  F 

President 

Deyo 

146 

Those  who  voted  in  the  negative  were: 
Brackett  Ostrander  2 

Proposed  amendment  (No.  855,  Int.  No.  715),  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Article  XIV  of  the 
Constitution,  in  relation  to  future  amendments  and  revisions  of 
the  Constitution,  and  permitting  the  validity  of  an  election  on 
a  question  submitted  and  the  determination  of  the  result  of  such 
an  election  to  be  contested  by  any  elector  in  an  action  brought  in 
the  Supreme  Court  and  by  making  provision  with  respect  to  ques- 
tions coincidently  submitted  by  a  Convention  and  the  Legisla- 
ture," was  read  the  third  time  and  passed,  a  majority  of  the  dele- 
gates elected  to  the  Convention  voting  in  favor  thereof. 

Those  who  voted  in  the  affirmative  were: 


Adams 

Dick 

Landreth 

Olcott 

Stanchfield 

Ahearn 

Donnelly 

Latson 

Ostrander 

Standart 

Aiken 

Donovan 

Law 

Owen 

Steinbrink 

Allen  FC 

Dooling 

Leary 

Parker 

Stimson 

Angell 

Doughty 

Leggett 

Parmenter 

Stowell 

Austin 

Dow 

Lennox 

Parsons 

Tierney 

Baldwin 

Drummond 

Lincoln 

Pelletreau 

Tuck 

CONSTITUTIONAL  CONVENTION 


633 


Bannister 

Dunlap 

Linde 

Phillips  J  S 

Unger 

Barnes 

Dunmore 

Lindsay 

Phillips  S  K 

Vanderlyn 

Barrett 

Dykman 

Low 

Quigg 

Van  Ness 

Baumes 

Eggleston 

McKean 

Reeves 

Wadsworth 

Bayes 

Eisner 

McKinney 

Rhees 

Wafer 

Beach 

Endres 

Mandeville 

Richards 

Wagner 

Bell 

Eppig 

Mann 

Rodenbeck 

Ward 

Bernstein 

Fancher 

Marshall 

Rosch 

Waterman 

Berri 

Fogarty 

Martin  F 

Ryan 

Webber  C  A 

Betts 

Foley 

Martin  L  M 

Ryder 

Weber  R  E 

Blauvelt 

Ford 

Mathewson 

Sanders 

Weed 

Bo  ekes 

Franchot 

Mealy 

Sargent 

Westwood 

Brenner 

Frank 

Meigs 

Saxe  J  G 

Wheeler 

Bunce 

Gladding 

Mereness 

Saxe  M 

Whipple 

Buxbaum 

Green 

Mulry 

Schurman 

White  C  J 

Clearwater 

Greff 

Newburger 

Sears 

Wickersham 

Cobb 

Griffin 

Nicoll  C 

Sharpe 

Wiggins 

Coles 

Haffen 

Nicoll  D 

Shipman 

Winslow 

Curran 

Harawitz 

Nixon 

Slevin 

Wood 

Daly 

Heaton 

Nye 

Smith  E  N 

Young  C  H 

Dennis 

Johnson 

O'Brian  J  L 

Smith  R  B 

Young  F  L 

Deyo 

Jones 

O'Brien  M  J 

Smith  T  F 

President        145 

Proposed  amendment  (No.  863,  Int.  No.  716),  entitled  "Pro- 
posed constitutional  amendment  repealing  Sections  one,  two,  three, 
four,  six  and  seven  of  Article  five,  and  creating  a  new  Article  V 
in  relation  to  State  officers,"  was  read  the  third  time  and  passed, 
a  majority  of  the  delegates  elected  to  the  Convention  voting  in 
favor  thereof. 


Those  who  voted  in  the  affirmative  were 


Adams 

Dick 

Leary 

Parsons 

Smith  T  F 

Aiken 

Donnelly 

Leggett 

Pelletreau 

Stanchfield 

Allen  F  C 

Donovan 

Lennox 

Phillips  J  S 

Standart 

Angell 

Doughty 

Lincoln 

Phillips  S  K 

Steinbrink 

Austin 

Dow 

Linde 

Potter 

Stimson 

Bannister 

Dunlap 

Lindsay 

Reeves 

Tuck 

Barnes 

Dunmore 

Low 

Rhees 

Unger 

Barrett 

Dykman 

McKean 

Richards 

Vanderlyn 

Baumes 

Eggleston 

McKinney 

Rodenbeck 

Van  Ness 

Bayes 

Eisner 

Mandeville 

Rosch 

Wadsworth 

Beach 

Fancher 

Mann 

Ryan 

Wagner 

Bell 

Fobes 

Martin  F 

Ryder 

Waterman 

Bernstein 

Foley 

Martin  L  M 

Sanders 

Webber  C  A 

Berri 

Ford 

Marshall 

Sargent 

Weber  R  E 

Blauvelt 

Franchot 

Mathewson 

Saxe  J  G 

Weed 

Brenner 

Frank 

Mealy 

Saxe  M 

We3twood 

Buxbaum 

Gladding 

Meigs 

Schoonhut 

Wheeler 

Clearwater 

Greff 

Nicoll  C 

Schurman 

Whipple 

Clinton 

Hale 

Nicoll  D 

Sears 

White  C  J 

Cobb 

Heaton 

Nixon 

Sharpe 

Wickersham 

Coles 

Johnson 

O'Brian  J  L 

Sheehan 

Winslow 

Cullinan 

Jones 

O'Brien  M  J 

Shipman 

Wood 

Curran 

Landreth 

Olcott 

Slevin 

Young  C  H 

Dennis 

Latson 

Owen 

Smith  A  E 

Young  F  L 

Deyo 

Law 

Parmenter 

Smith  E  N 

President 

125 


634 


JOUKNAL  OF  THE 


Those  who  voted  in  the  negative  were: 


Abeam 

Dahm 

Fogarty 

Mulry 

Smith  R  B 

Baldwin 

Daly 

Green 

Newburger 

Stowell 

Betts 

Dooling 

Griffin 

Nye 

Tierney 

Bockes 

Drummond 

Harawitz 

Ostrander 

Wafer 

Brackett 

Endres 

Kirby 

Parker 

Ward 

Bunce 

Eppig 

Mereness 

Quigg 

Wiggins 

30 

Proposed  amendment  (No.  853,  Int.  No.  721),  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Articles  III  and  X  of 
the  Constitution,  in  relation  to  changes  in  the  form  of  county  gov- 
ernment, and  to  the  powers  and  duties  of  certain  county,  town  and 
village  officers,"  having  been  announced, 

Mr.  Rosch  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  County,  Town  and  Village  Government  with  instruc- 
tions to  report  the  same  forthwith  amended  as  follows : 

Strike  out  all  italicized  matter  in  lines  21  to  24  inclusive. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

Said  Proposed  amendment  was  then  read  the  third  time  and 
passed,  a  majority  of  the  delegates  elected  to  the  Convention 
voting  in  favor  thereof. 

Those  who  voted  in  the  affirmative  were: 


Adams 

Devo 

Jones 

Parsons 

Standart 

Ahearn 

Dick 

Landreth 

Pelletreau 

Steinbrink 

Aiken 

Donnelly 

Latson 

Phillips  J  S 

Stimson 

Allen  F  C 

Donovan 

Law 

Phillips  S  K 

Stowell 

Angeil 

Dooling 

Leary 

Potter 

Tierney 

Bannister 

Doughty 

Leggett 

Quigg 

Tuck 

Barrett 

Dow 

Lincoln 

Reeves 

Unger 

Baumes 

Drummond 

Linde 

Rhees 

Vanderlyn 

Bayes 

Dunlap 

Low 

Rodenbeck 

Van  Ness 

Beach 

Dunmore 

McKean 

Ryan 

Wadsworth 

Bell 

Dykman 

Mandaville 

Ryder 

Wagner 

Bernstein 

Eisner 

Mann 

Sanders 

Ward 

Berri 

Eppig 

Martin  F 

Sargent 

Webber  C  A 

Betts 

Fancher 

Martin  L  M 

Schoonhut 

Weber  R  E 

Blauvelt 

Fobes 

Marshall 

Schurman 

Weed 

Brenner 

Fogarty 

Mathewson 

Sears 

Westwood 

Buxbaum 

Foley 

Meigs 

Sharpe 

Wheeler 

Clearwater 

Ford 

Newburger 

Sheehan 

Whipple 

Clinton 

Franchot 

Nicoll  D 

Shipman 

White  C  J 

Cobb 

Frank 

Nixon 

Slevin 

Wickersham 

Coles 

Green 

Nye 

Smith  A  E 

Winslow 

Cullinan 

Griffin 

O'Brian  J  L 

Smith  E  N 

Wood 

Curran 

Haffen 

Olcott 

Smith  R  B 

Young  C  H 

Dahm 

Harawitz 

Owen 

Smith  T  F 

Young  F  L 

Daly 

Heaton 

Parker 

Stanchfield 

President 

Dennis 

Johnson 

Parmenter 

128 


CONSTITUTIONAL  CONVENTION 


635 


Those  who  voted  in  the  negative  were 


Austin 

Bunce 

Greff 

Lennox 

Rosch 

Barnes 

Endres 

Kirby 

Lindsay 

Saxe  J  G 

Bockes 

11 

Proposed  amendment  (No.  861,  Int.  No.  696),  entitled  "  Pro- 
posed constitutional  amendment  to  amend,  generally,  Article  III 
of  the  Constitution,  following  Section  nine  and  to  repeal  Sections 
twenty-three  and  twenty-five  of  such  Article," 

Was  read  the  third  time  and  passed,  a  majority  of  the  delegates 
elected  to  the  Convention  voting  in  favor  thereof. 

Those  who  voted  in  the  affirmative  were: 


Adams 

Curran 

Kirby 

Parker 

Smith  R  B 

Abeam 

Dick 

Landreth 

Parmenter 

Smith  T  F 

Aiken 

Donnelly 

Latson 

Parsons 

Steinbrink 

Allen  F  G 

Dooling 

Law 

Pelletreau 

Stimson 

Angell 

Doughty 

Leary 

Phillips  J  S 

Stowell 

Austin 

Dow 

Leggett 

Phillips  S  K 

Tuck 

Bannister 

Drummond 

Lennox 

Potter 

Unger 

Barnes 

Dunmore 

Lincoln 

Reeves 

Van  Ness 

Barrett 

Eisner 

Linde 

Rhees 

Wadsworth 

Baumes 

Endres 

Lindsay 

Rodenbeck 

Wagner 

Bayes 

Eppig 

Low 

Rosch 

Ward 

Beach 

Fancher 

Mandeville 

Ryan 

Webber  C  A 

Bell 

Fobes 

Mann 

Ryder 

Weed 

Bernstein 

Foley 

Marshall 

Sanders 

Westwood 

Berri 

Ford 

Martin  F 

Sargent 

Wheeler 

Betts 

Franchot 

Martin  L  M 

Saxe  J  G 

Whipple 

Blauvelt 

Frank 

Mathewson 

Schoonhut 

White  C  J 

Bockes 

Green 

Meigs 

Schurman 

Wickersham 

Brenner 

Greff 

Newburger 

Sears 

Wiggins 

Bunce 

Haffen 

Nicoll  D 

Sharpe 

Winslow 

Buxbaum 

Hale 

Nixon 

Shipman 

Wood 

Clinton 

Harawitz 

Nye 

Slevin 

Young  C  H 

Cobb 

Heaton 

O'Brian  J  L 

Smith  E  N 

Young  F  L 

Coles 

Johnson 

O'Brien  M  J 

Vanderlyn 

President 

Cullinan 

Jones 

Quigg 

123 


Mr.  Kodenheck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Parsons  (No.  864,  Int.  No.  407),  en- 
titled "  Proposed  constitutional  amendment  to  amend  Article  III 
of  the  Constitution,  in  relation  to  the  power  of  the  legislature  to 
prohibit  manufacturing  in  tenement  houses." 

Also,  the  proposed  constitutional  amendment  introduced  by  the 
Committee  on  Industrial  Interests  and  Relations  (No.  865,  Int. 
No.  714),  entitled  "  Proposed  constitutional  amendment  to  amend 
Sections  eighteen  and  nineteen  of  Article  I  of  the  Constitution, 


636 


JOURNAL  OF  THE 


in  regard  to  damages  for  injuries  causing  death,  laws  for  the  pro- 
tection of  the  lives,  health  or  safety  of  employees,  and  workmen's 
compensation  for  injuries  or  death  from  accidents  or  occupational 
diseases." 

Keports  the  same  as  examined,  found  correct  and  properly  en- 
grossed. 

ADOLPH  J.  RoDENBECK, 

Chairman. 

Which  report  was  accepted  and  said  Proposed  amendments 
ordered  placed  on  the  third  reading  calendar. 

The  hour  of  ten  o'clock  and  thirty  minutes  p.  m.  having  arrived, 
the  President  declared  the  Convention  adjourned. 


FRIDAY,  SEPTEMBER  3,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President  in 
the  chair. 

Prayer  by  Rev.  Edward  R.  James,  Rensselaer. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Wednesday, 
September  1st,  was  approved. 

Upon  the  direction  of  the  President,  the  Secretary  called  the 
roll  of  delegates  and  the  following  responded: 


Adams 

Daly 

Aiken 

Dennis 

Angsll 

Deyo 

Austin 

Dick 

Baldwin 

Donovan 

Bannister 

Dooling 

Barrett 

Doughty 

Baumes 

Dow 

Bayes 

Drummond 

Beach 

Dunlap 

Bell 

Dunmore 

Bernstein 

Dykman 

Berri 

Eggleston 

Betts 

Endres 

Blauvelt 

Fancher 

Bockes 

Fobes 

Brackett 

Fogarty 

Brenner 

Foley 

Bunce 

Ford 

Buxbaum 

Franchot 

Byrne 

Frank 

Clearwater 

Greff 

Clinton 

Griffin 

Cobb 

Haffen 

Coles 

Hale 

Cullinan 

Heaton 

Dahm 

Hinman 

Johnson 

Ostrander 

Smith  T  F 

Jones 

Owen 

Standart 

Kirby 

Parker 

Steinbrink 

Landreth 

Parmenter 

Stimson 

Latson 

Parsons 

Stowell 

Law 

Pelletreau 

Tuck 

Leary 

Phillips  S  K 

Vanderlyn 

Leg^ett 

Potter 

Van  Ness 

Lennox 

Quigg 

Wadsworth 

Lincoln 

Reeves 

Wafer 

Linde 

Rhees 

Ward 

Lindsay 

Rodenbeck 

Waterman 

Low 

Ryan 

Webber  C  A 

Mandeville 

Ryder 

Weber  R  E 

Mann 

Sanders 

Weed 

Martin  L  M 

Sargent 

Westwood 

Marshall 

Saxe  J  G 

Whipple 

Mathewson 

Schoonhut 

White  C  J 

Mealy 

Schurman 

Wicker  sham 

Meigs 

Sears 

Wiggins 

Mereness 

Sharpe 

Williams 

Newburger 

Sheehan 

Winslow 

Nicoll  C 

Shipman 

Wood 

Nixon 

Slevin 

Young  C  H 

Nye 

Smith  E  N 

Young  F  L 

O'Brian  J  L 

Smith  R  B 

President 

O'Brien  M  J 

CONSTITUTIONS  L  CONVENTION  <;:57 

The  President  presented  the  communication  of  Paul  D.  Cra- 
vath,  which  was  referred  to  the  Committee  on  Cities. 

Mr.  Foley  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Secretary  of  State  be  respectfully  requested 
to  transmit,  at  his  earliest  convenience,  the  results  of  the  last 
enumeration  taken  in  the  months  of  May  and  June  of  the  number 
of  inhabitants  of  the  State,  by  counties,  and  if  said  enumeration 
be  not  complete,  that  he  be  requested  to  transmit  so  much  thereof 
as  is  now  available. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Con- 
vention a  resolution,  in  the  words  following: 

Resolved,  That  a  special  committee  of  seven  (besides  the  Presi- 
dent as  member  ex-officio)  be  appointed  by  the  President  to  pre- 
pare and  report  to  the  Convention  a  draft  of  an  address  to  the 
people  respecting  the  proposed  new  Constitution  and  amendments. 

Further  resolved,  That  a  select  committee  of  five  (besides  the 
President  as  member  ex-officio)  be  appointed  by  the  President  to 
prepare  and  report  to  the  Convention  a  resolution  fixing  the  time 
and  manner  of  the  submission  of  the  proposed  Constitution  and 
amendments  to  the  vote  of  the  electors  of  the  State. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Mr.  Clearwater  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Secretary  of  the  Convention  confer  with  and 
procure  from  the  Secretary  of  State,  and  furnish  to  the  members 
of  the  Convention,  a  suitable  certificate  of  their  election  as  dele- 
gates and  that  the  expense  of  procuring  and  furnishing  the  same 
be  paid  from  the  moneys  appropriated  for  the  expenses  of  the 
Convention. 

which  was  referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  J.  L.  O'Brian,  from  the  Committee  on  Rules,  presented 
the  following  report: 

Committee  on  Rules  recommends  the  adoption  of  the  following 
special  rule: 

Resolved,  That  the  General  Order  No.  69,  Canal  Board,  be 
made  a  Special  Order  for  consideration  immediately  following  the 


638  JOURNAL  OF  THE 

Special  Order  now  pending,  with  a  time  limit  of  one-half  hour, 
individual  speeches  ten  minutes  each. 

Resolved,  That  the  following  matters  be  made  Special  Order? 
for  consideration  at  the  conclusion  of  the  present  calendar  of 
Special  Orders,  namely: 

General  Order  No.  60.  Eligibility  of  sheriff  and  removal  of 
county  officers;  time  limit  one  hour,  speeches  of  individual  mem- 
bers ten  minutes  each. 

General  Order  No.  68.  Delegation  of  power  to  regulate  height* 
of  buildings ;  time  limit  one  hour,  speeches  of  individual  members 
ten  minutes  each. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

On  motion  of  Mr.  Wickersham,  the  consideration  of  the  third 
reading  calendar  was  postponed  until  the  afternoon  session. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order,  being 
"  Proposed  constitutional  amendment  to  amend  Sections  one,  two, 
three,  four,  five,  seven,  eight  and  nine  of  Article  III  of  the  Con- 
stitution, and  to  transfer  Section  six  of  Article  X  into  Article 
III."     (No.  836,  Int.  No.  722.) 

After  some  time  spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Sears,  from  said  committee,  reported  progress  and 
asked  leave  to  sit  again  with  an  extension  of  thirty  minutes  in 
the  time  for  debate. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  extending  the  time  for  debate,  and  it  was  determined  in  the 
affirmative. 

The  Convention  thereupon  again  resolved  itself  into  a  Com- 
mittee of  the  Whole  and  resumed  consideration  of  said  special 
order. 

After  some  time  spent  therein  the  President  resumed  the 
chair  and  Mr.  Sears  from  said  committee  reported  in  favor  of  the 
passage  of  said  Proposed  amendment  with  amendments. 

Mr.  President  stated  the  question  to  be  upon  agreeing  to  the 
report  of  the  Committee  of  the  Whole. 

Mr.  Sheehan  moved  to  recommit  said  proposed  amendment  to 
the  Committee  of  the  Whole  with  instructions  to  amend  by  in- 


CONSTITUTIONAL   CONVENTION 


639 


serting  therein  the  amendments  offered  in  the  Committee  of  the 
Whole  by  Mr.  M.  J.  O'Brien  to  section  four  thereof. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

Those  who  voted  in  the  affirmative  were: 


Ahearn 

Drummond 

Griffin 

Saxe  J  G 

Stanchfield 

Baldwin 

Dykman 

Haffen 

Schoonhut 

Unger 

Bernstein 

Eisner 

Leary 

Sheehan 

Wafer 

Byrne 

Endres 

Mann 

Shipman 

Wagner 

Dahm 

Eppig 

Nicoll  D 

Slevin 

Ward 

Daly 

Fogarty 

O'Brien  M  J 

Smith  A  E 

Webber  C  A 

Donnelly 

Foley 

Potter 

Smith  T  F 

Weed 

Dooling 

Frank 

Ryan 

Those  who  voted  in 

the  negative  were : 

Adams 

Cullinan 

Law 

Owen 

Smith  R  B 

Aiken 

Curran 

Leggett 

Parker 

Standart 

Angell 

Deyo 

Lennox 

Parmenter 

Steinbrink 

Austin 

Dick 

Lincoln 

Parsons 

Stimson 

Bannister 

Doughty 

Linde 

Pelletreau 

Stowell 

Barrett 

Dow 

Lindsay 

Phillips  J  S 

Tierney 

Baumes 

Dunlap 

Low 

Phillips  S  K 

Tuck 

Bayes 

Dunmore 

McKinney 

Reeves 

Van  Ness 

Beach 

Fancher 

Mandeville 

Rhees 

Weber  R  E 

Bell 

Fobes 

Martin  L  M 

Rodenbeck 

Westwood 

Berri 

Franchot 

Marshall 

Rosch 

Wheeler 

Bockes 

Gladding 

Mathewson 

Ryder 

White  C  J 

Brenner 

Hale 

Mealy 

Sanders 

Wickersham 

Bunce 

Heaton 

Meigs 

Sargent 

Winslow 

Buxbaum 

Johnson 

Mereness 

Schurman 

Wood 

Clearwater 

Jones 

Nixon 

Sears 

Young  C  H 

Clinton 

Landreth 

Nye 

Sharpe 

Young  F  L 

Cobb 

Latson 

O'Brian  J  L 

Smith  E  N 

President 

Coles 

38 


91 

Mr.  President  then  put  the  question  whether  the  Convention 
would'  agree  to  said  report  of  the  Committee  of  the  Whole  and  it 
was  determined  in  the  affirmative  and  said  proposition  ordered 
reprinted  as  amended  and  to  a  third  reading. 

Mr.  Wickersham  presented  the  following  communication : 

STATE  OF  NEW  YORK, 
Executive  Chamber, 

Albany,  September  3,  1915. 
Hon.  George  W.  Wickersham, 

Constitutional  Convention, 

Albany,  N.  Y. 

Dear  Mr.  Wickersham. —  I  understand  that  the  Convention 
to-day  is  to  pass  upon  the  resolution  offered  by  the  committee  on 


040 


JOURNAL  OF  THE 


governor  and  state  officers  and  that  such  resolution  contains  pro- 
vision for  the  increase  of  the  governor's  salary  from  $10,000  to 
$20,000  said  increase  to  take  effect  January  1,  1916. 

While  I  believe  that  the  proposed  increase  is  right  and  in  the 
public  interest,  it  seems  to  me  that  the  provision  of  the  present 
constitution,  to  the  effect  that  the  salary  of  no  state  officer  shall  be 
increased  during  the  term  for  which  he  is  elected,  is  eminently 
proper,  and  I  urge  upon  the  convention  that  the  proposed  resolu- 
tion shall  be  amended  so  as  to  provide  that  the  increase  in  the 
salary  of  the  governor  shall  become  effective  on  January  1,  1917. 

Very  truly  yours, 

Chakles  S.  Whitman. 

On  motion  of  Mr.  Wickersham  the  Convention  took  a  recess 
until  three  o'clock  p.  m. 


THREE  O'CLOCK  P.  M. 

The  Convention  again  convened. 

Upon  the  direction  of  the  President,  the  Secretary  called  the 
roll  of  delegates  and  the  following  responded : 


Adams 

Daly 

Heaton 

Nixon 

Slevin 

Aiken 

Dennis 

Johnson 

Nye 

Smith  E  N 

Allen  F  C 

Deyo 

Jones 

O'Brian  J  L 

Smith  R  B 

Angell 

Dick 

Kirby 

O'Brien  M  J 

Smith  T  F 

Austin 

Donnelly 

Landreth 

Ostrander 

Standart 

Baldwin 

Doughty 

Latson 

Owen 

Steinbrink 

Bannister 

Dow 

Law 

Parmenter 

Stimson 

Barnes 

Drummond 

Leary 

Parsons 

Stowell 

Barrett 

Dunlap 

Leggett 

Pelletreau 

Tuck 

Baumes 

Dunmore 

Lennox 

Phillips  S  K 

Van  Ness " 

Bayes 

Dykman 

Lincoln 

Potter 

Wafer 

Beach 

Eggleston 

Linde 

Reeves 

Wagner 

Bell 

Eisner 

Lindsay 

Rhees 

Ward 

Bernstein 

Endres 

Low 

Richards 

Waterman 

Berri 

Eppig 

McKean 

Rodenbeck 

Webber  C  A 

Betts 

Fancher 

Mandeville 

Rosch 

Weber  R  E 

Blauvelt 

Fogarty 

Mann 

Ryan 

Weed 

Bockes 

Foley 

Martin  F 

Ryder 

White  C  J 

Brenner 

Ford 

Martin  L  M 

Sanders 

Wickersham 

Bunce 

Franchot 

Marshall 

Sargent 

Wiggins 

Buxbaum 

Frank 

Mathewson 

Saxe  J  G 

Winslow 

Byrne 

Greff 

Mealy 

Schoonhut 

Wood 

Clinton 

Griffin 

Meigs 

Schurman 

Young  C  H 

Coles 

Haffen 

Mereness 

Sears 

Young  F  L 

Cullinan 

Hale 

Nicoll  C 

Sharpe 

President 

Dahm 

Harawitz 

Nicoll  D 

Shipman 

Proposed  amendment  (No.  85f>,  Tnt.  No.  706)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Article  V  of  the  Con- 


CONSTITUTIONAL  CONVENTION  641 

stitution  by  adding  a  new  section  thereto  relating  to  Public 
Service  Commissions/-  having  been  announced,  on  motion  of  Mr. 
Hale  the  same  was  recommitted  to  the  Committee  on  Public 
Utilities. 

Proposed  amendment  (No.  858,  Int.  No.  702)  entitled  ''Pro- 
posed constitutional  amendment  to  amend '  sections  one  and  four, 
Article  IV  of  the  Constitution/'  having  been  announced,  Mr. 
Wickersham  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  Governor  and  other  State  Officers  with  instructions  to 
report  the  same  forthwith  amended  as  follows : 

Page  1,  line  10,  before  the  words  "  The  Governor  "  insert  "  from 
and  after  the  first  day  of  January,  one  thousand  nine  hundred  and 
seventeen  "  and  make 'capital  "  T  "  of  the  word  "  The  "  a  small 
letter  "  t  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

Mr.  Phees,  from  the  Committee  on  Governor  and  Other  State 
Officers,  reported  said  bill  amended  as  directed  and  the  same  was 
ordered  reprinted  and  placed  on  the  order  of  third  reading. 

On  motion  of  Mr.  Wickersham  the  further  consideration  of 
the  third  reading  calendar  was  postponed  until  the  evening 
session. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order  being 
"  Proposed  constitutional  amendment  repealing  section  five  of 
Article  V  and  creating  a  new  section  to  be  appropriately  num- 
bered."    (No.  857,  Int.  No.  725.) 

After  some  time  spent  therein  the  President  resumed  the  chair 
and  Mr.  Foley  from  said  committee  reported  in  favor  of  the 
passage  of  said  proposed  amendment,  which  report  was  agreed  to 
and  said  proposition  ordered  to  a  third  reading. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  proceeded  to  the  consideration  of  the  special  order  being 
"  Proposed  constitutional  amendment  to  amend  Article  I  of  the 
Constitution  generally  and  to  repeal  section  one  of  Article  VII 
of  the  Constitution  and  to  amend  section  nine  of  Article  VIII  of 
the  Constitution."  (No.  849,  Int.  No.  720.) 
41 


642 


JOURNAL  OF  THE 


After  some  time  spent  therein  the  President  resumed  the  chair 
and  Mr.  Foley  from  said  committee  reported  progress  and  asked 
leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Wickersham  the  time  for  the  debate  of 
General  Order  No.  63  was  extended  one  hour,  all  speeches  to  be 
limited  to  five  minutes  each. 

On  motion  of  Mr.  Wickersham  the  Convention  took  a  recess 
until  eigKt  o'clock  rnd  thirty  minutes  p.  m. 


EIGHT   O'CLOCK   AND   THIRTY  MINUTES  P.   M. 

The  Convention  again  convened. 

Upon  the  direction  of  the  President  the  Secretary  called  the 

roll  of  delegates  and  the  following  responded. 

Adams 

Aiken 

Angell 

Austin 

Baldwin 

Bannister 

Barnes 

Barrett 

Baumes 

Bayes 

Beach 

Bell 

Bernstein 

Berri 

Betts 

Blauvelt 

Bockes 

Brackett 

Brenner 

Burkan 

Buxbaum 

Byrne 

Coles 

Cullinan 

Curran 

Dahm 

Daly 

Dennis 

Mr.  Kodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  the  Committee  on  Governor  and  Other  State  Officers 


Dick 

Latson 

Parmenter 

Smith  T  F 

Donnelly 

Law 

Parsons 

Standart 

Dooling 

Leary 

Pelletreau 

Steinbrink 

Doughty 

Leggett 

Phillips  J  S 

Stimson 

Dow 

Lennox 

Phillips  S  K 

Stowell 

Drummond 

Lincoln 

Potter 

Tierney 

Dunlap 

Linde 

Quigg 

Tuck 

Dunmore 

Lindsay 

Reeves 

Unger 

Dykman 

Low 

Rhees 

Vanderlyn 

Eisner 

Mandeville 

Richards 

Van  Ness 

Endres 

Mann 

Rosch 

Wafer 

Fogarty 

Marshall 

Rodenbeck 

Wagner 

Foley 

Martin  F 

Ryan 

Ward 

Ford 

Martin  L  M 

Ryder 

Waterman 

Franchot 

Mathewson 

Sanders 

Webber  C  A 

Frank 

Mealy 

Sargent 

Weber  R  E 

Gladding 

Meigs 

Saxe  J  G 

Westwood 

Green 

Mereness 

Saxe  M 

Whipple 

Haffen 

Nicoll  C 

Schoonhut 

White  C  J 

Hale 

Nixon 

Schurman 

Wickersham 

Harawitz 

O'Brian  J  L 

Sears 

Wiggins 

Heaton 

O'Brien  M  J 

Sharpe 

Williams 

Johnson 

O'Connor 

Sheehan 

Winslow 

Jones 

Olcott 

Shipman 

Wood 

Kirby 

Ostrander 

Slevin 

Young  C  H 

Kirk 

Owen 

Smith  E  N 

Young  F  L 

Landreth 

Parker 

Smith  R  B 

President 

CONSTITUTIONAL  CONVENTION  643 

(No.  857,  Int.  No.  725),  entitled  "  Proposed  constitutional  amend- 
ment repealing  Section  five  of  Article  V,  and  creating  a  new  sec- 
tion to  be  appropriately  numbered,"  reports  the  same  as  properly 
engrossed. 

ADOLPH  J.  RODENBECK, 

Chairman. 

which  report  was  accepted  and  said  proposed  amendment  ordered 
placed  on  the  third  reading  calendar. 

Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  the  Committee  on  Governor  and  Other  State 
Officers  (No.  866,  Int.  No.  702),  entitled  "Proposed  constitutional 
amendment  to  amend  Sections  one  and  four,  Article  IV  of  the 
Constitution, "  reports  the  same  as  examined,  found  correct  and 
properly  engrossed. 

ADOLPH  J.  RODENBECK, 

Chairman. 

which  report  was  accepted  and  said  proposed  amendment  ordered 
placed  on  the  third  reading  calendar. 

Proposed  amendment  (No.  866,  Int.  No.  702),  entitled  "Pro- 
posed constitutional  amendment  to  amend  Sections  one  and  four, 
Article  IV  of  the  Constitution/'  having  been  announced  Mr. 
Wickersham  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  Governor  and  Other  State  Officers  with  instructions  to 
report  the  same  forthwith  amended-  as  follows : 

Page  2,  lines  1  to  5  inclusive,  strike  out  all  italicized  matter  and 
insert  in  italics  the  following: 

The  Governor  shall  receive  for  his  services  an  annual  salary  of 
ten  thousand  dollars  until  the  first  day  of  January,  one  thousand 
nine  hundred  and  seventeen,  after  which  he  shall  receive  for  his 
services  an  annual  salary  of  twenty  thousand  dollars.  There  shall 
be  provided  for  his  use  a  suitable  and  furnished  executive  resi- 
dence. 

Mr.  Quigg  moved  to  amend  said  instructions  by  striking  out 
the  word  "  ten  "  and  inserting  in  place  thereof  the  word  "  twenty  " 
and  all  matter  following  the  word  "  dollars  "  first  occurring  down 
to  and  including  word  "  dollars  "  second  occurring. 


644 


JOURNAL  OF  THE 


Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  to  amend,  and  it  was  determined  in  the 
negative. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Mr.  Khees,  from  the  Committee  on  Governor  and  Other  State 
Officers,  reported  Proposed  amendment  amended  as  directed  and 
the  same  was  ordered  reprinted  and  placed  on  the  order  of  third 
reading. 

Proposed  amendment  (No.  860,  Int.  No.  131)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Section  eight,  article 
V  of  the  Constitution,  in  order  to  permit  the  non-compulsory  in- 
spection and  grading  of  food  products,"  having  heen  announced, 
Mr.  Leggett  moved  to  recommit  said  bill  to  the  Committee  on 
Public  Utilities. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

Mr.  Austin  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  Public  Utilities  with  instructions  to  report  the  same 
forthwith  amended  as  follows: 

Page  2,  line  3,  strike  out  "  inspection  and  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

Said  Proposed  amendment  was  then  read  the  third  time  and 
not  passed,  a  majority  of  the  delegates  elected  to  the  Convention 
not  voting  in  favor  thereof. 


Those  who  voted  in  the  affirmative  were: 


Adams 

Curran 

Aiken 

Dahm 

Angell 

Daly 

Baldwin 

Dennis 

Barrett 

Donovan 

Bayes 

Dow 

Beach 

Dykman 

Bell 

Eisner 

Bernstein 

Fancher 

Berri 

Fogarty 

Blauvelt 

Foley 

Brenner 

Franchot 

Burkan 

Gladding 

Buxbaum 

Green 

Byrne 

Griffin 

Clearwater 

Hale 

Cullinan 

Harawitz 

Johnson 

Rhees 

Stowell 

Jones 

Richards 

Tuck 

Kirby 

Rodenbeck 

Wafer 

Law 

Ryan 

Wagner 

Lincoln 

Sanders 

Ward 

Lindsay 

Sargent 

Waterman 

Low 

Saxe  M 

Webber  C  A 

McKinney 

Schoonhut 

Weber  R  E 

Mandeville 

Sears 

Weed 

Mann 

Smith  A  E 

White  C  J 

Nicoll  C 

Smith  E  N 

Wickersham 

Nixon 

Smith  R  B 

Winslow 

O'Brian  J  L 

Smith  T  F 

Wood 

Ostrander 

Standart 

Young  C  H 

Parmenter 

Steinbrink 

Young  F  L 

Parsons 

Stimson 

President 

Quigg 

83 


CONSTITUTIONAL  CONVENTION 


645 


Those  who  voted  in  the  negative  were 


Allen  F  C 

Doughty 

Landreth 

Mereness 

Ryder 

Austin 

Drummond 

Latson 

Nicoll  D 

Saxe  J  G 

Bannister 

Dunlap 

Leary 

O'Brien  M  J 

Schurman 

Barnes 

Dunmore 

Leggett 

O'Connor 

Sharpe 

Baumes 

Endres 

Lennox 

Owen 

Slevin 

Bunce 

Eppig 

Linde 

Parker 

Tierney 

Clinton 

Ford 

Martin  F 

Pelletreau 

Vanderlyn 

Cobb 

Frank 

Martin  L  M 

Phillips  J  S 

Van  Ness 

Coles 

Greff 

Marshall 

Phillips  S  K 

Wheeler 

Deyo 

Haffen 

Mathewson 

Reeves 

Wiggins 

Donnelly 

Heaton 

Mealy 

Rosch 

Williams 

Dooling 

Kirk 

Meigs 

58 

Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  Proposed  constitutional  amend- 
ment, introduced  by  the  Committee  on  Legislative  Organization 
(No.  867,  Int.  No.  722),  entitled  "  Proposed  constitutional 
amendment  to  amend  Sections  two,  three,  four,  five  and  eight  of 
Article  III  of  the  Constitution,  to  repeal  section  seven  thereof 
and  to  transfer  Section  six  of  Article  X  into  Article  III,"  reports 
the  same  as  amended  found  correct  and  properly  engrossed. 

ADOLPH  J.  RoDENBECK, 

Chairman. 

which  report  was  accepted  and  said  Proposed  amendment  ordered 
placed  on  the  third  reading  calendar. 

Proposed  amendment  (No.  864,  Int.  No.  407),  entitled  "Pro- 
posed constitutional  amendment  to  amend  Article  III  of  the  Con- 
stitution, in  relation  to  the  power  of  the  Legislature  to  prohibit 
manufacturing  in  tenement  houses,"  having  been  announced, 

Mr.  Sargent  moved  that  the  same  be  recommitted  to  the  Com- 
mittee on  Industrial  Relations  with  instructions  to  report  the  same 
forthwith  amended  as  follows : 

On  line  5,  after  word  "  houses  "  add  "  as  such  houses  are  now 
defined  by  statute  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

Mr.  Byrne  moved  that  the  same  be  recommitted  to  the  Commit- 
tee on  Industrial  Relations  with  instructions  to  report  the  same 
forthwith  amended  as  follows : 

Page  1,  line  5,  strike  out  the  words  "  or  prohibit  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 


646 


JOUKKAL  OF  THE 


Mr.  Meigs  moved  that  the  same  be  recommitted  to  the  Commit- 
tee on  Industrial  Relations  with  instructions  to  report  the  same 
forthwith  amended  as  follows : 

On  page  1,  line  5,  after  the  word  "  houses  "  strike  out  the  period 
and  add  the  words  "  cities  of  the  first  class  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

Mr.  Dick  moved  that  the  same  be  recommitted  to  the  Committee 
on  Industrial  Relations  with  instructions  to  report  the  same  forth- 
with amended  as  follows : 

After  the  word  "  houses  "  in  line  5,  insert  "  in  every  city  having 
a  population  of  more  than  1,000,000." 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  negative. 

Said  proposed  amendment  was  then  read  the  third  time  and 
passed,  a  majority  of  the  delegates  elected  to  the  Convention  voting 
in  favor  thereof. 

Those  who  voted  in  the  affirmative  were : 


Adams 

Donnelly 

Johnson 

Parmenter 

Smith  E  N 

Aiken 

Donovan 

Jones 

•     Parsons 

Smith  R  B 

Allen  FC 

Dooling 

Kirk 

Pelletreau 

Smith  T  F 

Angell 

Dow 

Landreth 

Phillips  S  K 

Standart 

Baldwin 

Drummond 

Latson 

Quigg 

Stimson 

Bannister 

Dykman 

Law 

Rhees 

Tierney 

Barrett 

Eisner 

Leary 

Richards 

linger 

Baumes 

Endres 

Lincoln 

Rodenbeck 

Vanderlyn 

Bell 

Eppig 

Lindsay 

Ryan 

Wafer 

Bernstein 

Fancher 

Low 

Sanders 

Wagner 

Berri 

Fogarty 

McKinney 

Sargent 

Ward 

Blauvelt 

Foley 

Mann 

Saxe  J  G 

Waterman 

Brenner 

Franchot 

Martin  F 

Schoonhut 

Weber  R  E 

Burkan 

Frank 

Martin  L  M 

Schurman 

Weed 

Buxbaum 

Gladding 

Nicoll  C 

Sears 

Wickersham 

Byrne 

Green 

Nixon 

Sharpe 

Williams 

Clearwater 

Griffin 

O'Brian  J  L 

Sheehan 

Winslow 

Coles 

Haffen 

O'Connor 

Slevin 

Young  F  L 

Dahm 

Hale 

Ostrander 

Smith  A  E 

President 

Daly 

Harawitz 

Parker 

Those  who  voted  in 

the  negative 

were: 

Austin 

Dick 

Kirby 

Nicoll  D 

Tuck 

Barnes 

Doughty 

Leggett 

Owen 

Van  Ness 

Bayes 

Dunlap 

Lennox 

Phillips  J  S 

Webber  C  A 

Beach 

Dunmore 

Linde 

Potter 

Wheeler 

Betts 

Fobes 

Marshall 

Reeves 

Whipple 

Bockes 

Ford 

Mathewson 

Rosch 

White  C  J 

Bunce 

Greff 

Mealey 

Ryder 

Wiggins 

Clinton 

Heaton 

Meigs 

Steinbrink 

Wood 

Cobb 

Hinman 

Mereness 

Stowell 

Young  C  H 

Cullinan 

46 


CONSTITUTIONAL  CONVENTION 


647 


Proposed  amendment  (No.  805,  Int.  No.  714)  entitled  u  Pro- 
posed constitutional  amendment  to  amend  Sections  eighteen  and 
nineteen  of  Article  I  of  the  Constitution,  in  regard  to  damages 
for  injuries  causing  death,  laws  for  the  protection  of  the  lives, 
health  or  safety  of  employees,  and  workmen's  compensation  for 
injuries  or  death  from  accidents  or  occupational  diseases,"  was 
read  the  third  time  and  passed,  a  majority  of  the  delegates  elected 
to  the  Convention  voting  in  favor  thereof. 

Those  who  voted  in  the  affirmative  were: 


Adams 

Deyo 

Haffen 

0 'Brian  J  L 

Smith  R  B 

Aiken 

Dick 

Hale 

O'Brien  M  J 

Smith  T  F 

Allen  F  C 

Donnelly 

Harawitz 

O'Connor 

Standart 

Angell 

Donovan 

Heaton 

Parmenter 

Stimson 

Baldwin 

Dooling 

Johnson 

Parsons 

Stowell 

Bannister 

Doughty 

Jones 

Pelletreau 

Tuck 

Barrett 

Dow 

Kirk 

Phillips  J  S 

Unger 

Baumes 

Drummond 

Landreth 

Phillips  S  K 

Vanderlyn 

Bayes 

Dunlap 

Latson 

Quigg 

Van  Ness 

Beach 

Dunmore 

Law 

Reeves 

Wafer 

Bell 

Dykman 

Leary 

Rhees 

Wagner 

Bernstein 

Eisner 

Liicoln 

Richards 

Ward 

Berri 

Endres 

Linde 

Rodenbeck 

Waterman 

Blauvelt 

Eppig 

Lindsay 

Ryan 

Webber  C  A 

Brenner 

Fancher 

Low 

Ryder 

Weber  R  E 

Burkan 

Fobes 

McKinney 

Sanders 

Weed 

Buxbaum 

Fogarty 

Mandeville 

Sargent 

Wheeler 

Byrne 

Foley 

Mann 

Saxe  J  G 

Whipple 

Clearwater 

Ford 

Martin  F 

Schoonhut 

White  C  J 

Clinton 

Franchot 

Martin  L  M 

Schurman 

Wickersham 

Cobb 

Frank 

Mathewson 

Sears 

Williams 

Coles 

Gladding 

Mereness 

Sharpe 

Winslow 

Curran 

Green 

Nicoll  C 

Sheehan 

Wood 

Dahm 

Greff 

Nicoll  D 

Slevin 

Young  F  L 

Daly 

Griffin 

Nixon 

Smith  A  E 

President 

Those  who  voted  in 

the  negative 

were: 

Austin 

Cullinan 

Lennox 

Meigs 

Steinbrink 

Barnes 

Hinman 

Marshall 

Ostrander 

Wiggins 

Bockes 

Kirby 

Mealy 

Ro3ch 

Young  C  H 

Bunce 

Leggett 

125 


17 


Proposed  amendment  (No.  867,  Int.  No.  722)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  sections  one,  two,  three, 
four,  five,  seven,  eight  and  nine  of  Article  III  of  the  Constitution, 
and  to  transfer  sections  of  Article  X  into  Article  III,  "  having 
been  announced, 

Mr.  E.  N.  Smith  moved  that  the  same  be  recommitted  to  the 
Committee  on  Legislative  Organization  with  instructions  to  re- 
port the  same  forthwith  amended  as  follows: 

Page  12,  line  14,  strike  out  the  period  and  the  italicized  matter. 


048 


JOURNAL  OF  THE 


Page  12,  line  15,  strike  out  the  italicized  matter  and  the  period 
and  the  brackets. 

Page  12,  line  20,  strike  out  the  italicized  matter. 

Page  12,  line  21,  strike  out  down  to  and  including  the  period. 

Page  12,  lines  24  and  25,  strike  out  "  assembly  districts  re- 
apportioned as  herein  provided  "  and  insert  in  italics  "  apportion- 
ment of  members  of  Assembly7'. 

Page  12,  line  26,  strike  out  the  word  "  re-apportionment  "  and 
insert  the  word  "  apportionment  ". 

Page  16,  line  7,  change  the  comma  after  "  made  "  to  a  period. 

Page  17,  between  lines  8  and  9  insert  as  a  paragraph  in  italics 
the  following:  ''Assembly  districts  as  at  present  constituted  shal? 
remain  unaltered  until  altered  as  herein  provided." 

Page  10,  line  25,  strike  out  "  each  "  insert  "  the  ",  strike  out 
"  the  "  second  occurring  insert  "  each  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Mr.  Brackett,  from  the  Committee  on  Legislative  Organization, 
reported  said  proposed  amendment  amended  as  directed  and  the 
same  was  ordered  reprinted  and  placed  on  the  order  of  third 
reading. 

Proposed  amendment  (No.  857,  Int.  No.  725),  entitled  "  Pro- 
posed constitutional  amendment  repealing  section  five  of  Article 
V  and  creating  a  new  section  to  be  appropriately  numbered," 
was  read  the  third  time  and  passed,  a  majority  of  the  delegates 
elected  to  the  Convention  voting  in  favor  thereof. 

Those  who  voted  in  the  affirmative  were: 


Adams 

Deyo 

Johnson 

O'Brian  J  L 

Steinbrink 

Aiken 

Dick 

Jones 

O'Connor 

Stimson 

Allen  F  C 

Donovan 

Kirk 

Ostrander 

Stowell 

Angell 

Dooling 

Landreth 

Parmenter 

Tierney 

Austin 

Doughty 

Latson 

Parsons 

Tuck 

Baldwin 

Dow 

Law 

Pelletreau 

Unger 

Bannister 

Drummond 

Leary 

Phillips  J  S 

Vanderlyn 

Barrett 

Dunlap 

Leggett 

Quigg 

Van  Ness 

Baumes 

Dunmore 

Lennox 

Reeves 

Wafer 

Bayes 

Eisner 

Lincoln 

Rhees 

Wagner 

Beach 

Endres 

Linde 

Rodenbeck 

Ward 

Bell 

Eppig 

Lindsay 

Rosch 

Waterman 

Bernstein 

Fancher 

Low 

Ryan 

Webber  C  A 

Berri 

Fobes 

McKinney 

Ryder 

Weber  R  E 

Blauvelt 

Fogarty 

Mandeville 

Sanders 

Weed 

Bockes 

Foley 

Mann 

Sargent 

Wheeler 

Brenner 

Ford 

Martin  F 

Saxe  J  G 

Whipple 

Bunce 

Franchot 

Martin  L  M 

Schoonhut 

White  C  J 

Burkan 

Frank 

Marshall 

Schurman 

Wickersham 

CONSTITUTIONAL  CONVENTION 


649 


Buxbaum 

Green 

Mathewson 

Sears 

Williams 

Clearwater 

Greff 

Mealy 

Sharpe 

Winslow 

Cobb 

Griffin 

Meigs 

Slevin 

Wood 

Coles 

Haffen 

Mereness 

Smith  A  E 

Young  C  H 

Cullinan 

Hale 

Nicoll  C 

Smith  E  N 

Young  F  L 

Dahm 

Harawitz 

Nicoll  D 

Smith  R  B 

President 

Daly 

Heaton 

Nixon 

Standart 

129 

Mr.  Wickersham  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  when  the  Convention  adjourns  to-morrow, 
Saturday,  it  shall  adjourn  until  Thursday,  September  9th,  at  eight 
o'clock  P.  M. 

Mr.  John  Lord  O'Brian  for  the  Committee  on  Rules  gives  no- 
tice that  on  Saturday,  September  4th,  for  the  purpose  of  expedit- 
ing consideration  and  passage  of  proposed  amendments  now  on  the 
third  reading  and  special  order  calendars  for  the  Convention,  he 
will  move  to  suspend  rule  3  relating  to  order  of  business. 

Rule  36  relating  to  third  reading. 

Rule  35  relating  to  reports  of  Committees  on  Revision,  Printing 
and  Engrossment  of  Proposed  Amendments. 

Rule  50,  paragraph  1,  relating  to  consideration  of  resolutions. 

Rule  56,  third  sentence,  relating  to  reports  of  the  Committee  on 
Rules. 

Mr.  A.  E.  Smith  gives  notice  under  rule  56  that  at  some  future 
time  he  will  move  to  suspend  rules  Nos.  3,  16,  20,  21,  22,  24,  25, 
27,  32,  34,  35,  36,  and  37  for  the  purpose  of  advancing  out  of  their 
regular  order  to  third  reading  and  adoption  proposals  Xos.  417. 
765,  and  791,  general  orders  36  and  55  and  56,  respectively. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Revision  and  Engrossment  be 
and  hereby  is  instructed  to  proceed  with  the  duties  defined  for  it  by 
rule  67. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 
On  motion  of  Mr.  Wickersham  the  Convention  adjourned. 


650 


JOURNAL  OF  THE 


SATURDAY,  SEPTEMBER  4,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  Francis  A.  Kelley. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Thursday,  Sep- 
tember 2d,  was  approved. 

Upon  the  direction  of  the  President,  the  Secretary  called  the 
roll  of  delegates  and  the  following  responded: 


Adams 

Dennis 

Johnson 

O'Brian  J  L 

Shipman 

Aiken 

Deyo 

Jones 

O'Brien  M  J 

Slevin 

Angell 

Dick 

Kirby 

O'Connor 

Smith  E  N 

Austin 

Donnelly 

Landret.h 

Olcott 

Smith  R  B 

Baldwin 

Dooling 

Latson 

Ostrander 

Standart 

Bannister 

Doughty 

Law 

Owen 

Steinbrink 

Barrett 

Dow 

Leary 

Parker 

Stimson 

Baumes 

Drummond 

Leggett 

Parmenter 

Stowell 

Bayes 

Dunlap 

Lennox 

Parsons 

Tiernev 

Beach 

Dunmore 

Lincoln 

Pelletreau 

Tuck  * 

Bell 

Dykman 

Linde 

Phillips  J  S 

Unger 

Bernstein 

Eisner 

Lindsay 

Quigg 

Van  Ness 

Berri 

Endres 

Low 

Reeves 

Wafer 

Betts 

Eppig 

McKean 

Rhees 

Wagner 

Blauvelt 

Fancher 

McKinney 

Richards 

Ward 

Brackett 

Fobes 

Mandeville 

Rodenbeck 

Webber  C  A 

Brenner 

Fogarty 

Marshall 

Rosch 

Weber  R  E 

Bunce 

Foley 

Martin  F 

Ryder 

Wsed 

Burkan 

Ford 

Martin  L  M 

Sanders 

Westwood 

Byrne 

Franchot 

Mathewson 

Sargent 

White  C  J 

Clearwater 

Frank 

Meigs 

Saxe  J  G 

Wickersham 

Clinton 

Gladding 

Mereness 

Saxe  M 

Williams 

Cobb 

Greff 

Nicoll  C 

Schurman 

Winslow 

Coles 

Griffin 

Nicoll  D 

Sears 

Wood 

Curran 

Haffen 

Nixon 

Sharpe 

Young  C  H 

Dahm 

Harawitz 

Nye 

Sheehan 

President 

Daly 

Heaton 

Mr.  Clearwater  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  proposed  constitutional  amendment,  intro- 
duced by  the  Committee  on  Taxation,  including  Kos.  696,  756, 
806,  812,  834,  being  Int.  No.  679  and  hereto  annexed,  be  sepa- 
rately submitted  to  the  people. 

which  was  referred  to  the  Committee  on  Special  Committee. 

Mr.  Olcott  moved  to  instruct  the  Committee  on  Rules  to  report 
as  a  special  order  the  report  of  the  Committee  on  Civil  Service 
on  proposed  amendment  entitled  Proposed  constitutional  amend- 
ment to  amend  Section  nine  of  Article  V  of  the  Constitution,  in 
respect  to  appointments  and  promotions  in  the  civil  service  of 


CONSTITUTIONAL  CONVENTION  651 

the  State  so  as  to  include  honorably  discharged  soldiers,  sailors 
or  marines  who  served  during  the  war  with  Spain  or  the  insur- 
rection in  the  Philippine  Islands,  in  the  preference  in  the  civil 
service  of  the  State"  (No.  29,  Int.  29),  which  was  referred  to 
the  Committee  on  Rules. 

Mr.  J.  S.  Phillips  offered  for  the  consideration  of  the  Con- 
vention a  resolution,  in  the  words  following : 

Resolved,  That  the  clerks  of  the  standing  committees  of  the 
Convention  be  and  they  hereby  are  directed  on  or  before  the  day 
of  final  adjournment  to  deliver  to  the  clerk  of  the  Committee  on 
Library  and  Information  all  committee  books  and  records,  and 
the  Committee  on  Library  and  Information  is  instructed  to  pro- 
vide for  the  permanent  deposit  of  the  same  in  the  State  Library. 

That  the  Superintendent  of  Documents  be  and  he  hereby  is 
directed,  on  or  before  the  expiration  of  the  period  of  thirty  days, 
from  the  date  of  final  adjournment,  to  deliver  to  the  director 
of  the  State  Library  for  deposit  in  the  State  Library,  all  copies  of 
the  record,  journals,  proposed  amendments,  documents  and  other 
papers  pertaining  to  the  Convention  remaining  in  his  possession. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Rodenbeck  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Resolved,  That  the  Committee  on  Revision  and  Engrossment  be 
authorized  to  cause  to  be  accurately  printed  and  suitably  bound 
an  official  draft  of  the  present  state  constitution  with  all  amend- 
ments thereto,  properly  inserted,  adopted  by  the  Convention,  for 
authentication  and  deposit  as  the  Convention  may  provide  and 
report  the  same  to  the  Convention  upon  reconvening,  and  that  not 
exceeding  three  hundred  additional  copies  be  printed  and  suitably 
bound,  one  copy  for  distribution  to  each  of  the  members  of  the 
Convention  and  the  remaining  copies  for  distribution  to  libraries 
and  as  the  President  of  the  Convention  may  direct. 

which  was  referred  to  the  Committee  on  Printing. 

Pursuant  to  notice,  Mr.  J.  L.  O'Brian  moved  to  suspend  the 
third  sentence  of  Rule  56,  relating  to  reports  of  the  Committee 
on  Rules. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion,  and  it  was  determined  in  the  affirmative. 

Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  proposed  constitutional  amend- 


652 


JOURNAL  OF  THE 


ment  introduced  by  the  Committee  on  Governor  and  Other  State 
Officers  (No.  868,'  Int.  No.  702),  entitled  "Proposed  Constitu- 
tional amendment  to  amend  sections  two,  three,  four,  five  and 
eight  of  Article  III  of  the  Constitution,  to  repeal  Section  seven 
thereof  and  to  transfer  Section  six  of  Article  X  into  Article  III," 
reports  the  same  as  examined,  found  correct  and  properly  en- 
grossed. 

ADOLPH  J.  RODENBECK, 

Chairman. 

which  report  was  accepted  and  said  proposed  amendment  ordered 
placed  on  the  third  reading  calendar. 

Mr.  Rodenheck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  the  Committee  on  Legislative  Organization 
(No.  869,  Int.  No.  722),  entitled  "  Proposed  constitutional 
amendment  to  amend  sections  two,  three,  four,  five  and  eight  of 
Article  III  of  the  Constitution,  to  repeal  Section  seven  thereof 
and  to  transfer  Section  six  of  Article  N  into  Article  III,"  re- 
ports the  same  as  examined,  found  correct  and  properly  engrossed. 

Adolph  J.  Rodenbeck, 

Chairman. 


which  report  was  accepted  and  said  proposed  amendment  ordered 
placed  on  the  third  reading  calendar. 

Proposed  amendment  (No.  868,  Int.  No.  702)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Sections  one  and  four, 
Article  IV  of  the  Constitution,"  was  read  the  third  time  and 
passed,  a  majority  of  the  delegates  elected  to  the  Convention 
voting  in  favor  thereof. 


Those  who  voted  in  the  affirmative  were : 


Adams 

Deyo 

Johnson 

O'Connor 

Smith  R  B 

Aiken 

Dick 

Jones 

Olcott 

Standart 

Angel  1 

Donnelly 

Kirby 

Owen 

Steinbrink 

Austin 

Donovan 

Kirk 

Parker 

Stimson 

Baldwin 

Dooling 

Landreth 

Parmenter 

Stowell 

Bannister 

Doughtv 

Latson 

Parsons 

Tierney 

Barrett 

Dow 

Law 

Pelletreau 

Unger 

Baumes 

Drummond 

Leary 

Phillips  J  S 

Van  Ness 

Bayes 

Dunlap 

Leggett 

Quigg 

Wafer 

Beach 

Dunmore 

Lennox 

Reeves 

Wagner 

Bell 

Dykman 

Lincoln 

Rhees 

Ward 

Bernstein 

Eppig 

Linde 

Rodenbeck 

Waterman 

Berri 

Fancher 

Lindsay 

Rosch 

Webber  C  A 

CONSTITUTIONAL  CONVENTION 


653 


Betts 

Fobes 

Low 

Ryan 

Weber  R  E 

Blauvelt 

Fogarty 

McKean 

Ryder 

Weed 

Bockes 

Foley 

McKinney 

Sanders 

Westwood 

Brenner 

Ford 

Mandeville 

Sargent 

Wheeler 

Burkan 

Franchot 

Marshall 

Saxe  J  G 

Whipple 

Buxbaum 

Frank 

Martin  F 

Schoonhut 

White  C  J 

Byrne 

Cladding 

Martin  L  M 

Schurman 

Wickersham 

Clearwater 

Green 

Mathewson 

Sears 

Wiggins 

Clinton 

Greff 

Meigs 

Sharpe 

Williams 

Coles 

Griffin 

Nicoll  D 

Sheehan 

Winslow 

Curran 

Haffen 

Nixon 

Shipman 

Wood 

Dahm 

Hale 

Nye 

Slevin 

Young  C  H 

Daly 

Harawitz 

0 'Brian  J  L 

Smith  A  E 

President 

Dennis 

Heaton 

O'Brien  M  J 

Smith  E  N 

Those  who  voted  in 

the  negative  were: 

Barnes 

Brackett 

Bunce 

Endres 

Ostrander 

134 


Proposed  amendment  (No.  869,  Int.  No.  722)  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Sections  one,  two,  three, 
four,  five,  seven,  eight  and  nine  of  Article  III  of  the  Constitution, 
and  to  transfer  Section  six  of  Article  X  into  Article  III,"  was 
read  the  third  time  and  passed,  a  majority  of  the  delegates  elected 
to  the  Convention  voting  in  favor  thereof. 

Those  who  voted  in  the  affirmative  were : 


Adams 

Curran 

Kirby 

O'Brian  J  L 

Standart 

Aiken 

Dennis 

Landreth 

Olcott 

Steinbrink 

Angell 

Deyo 

Latson 

Parker 

Stimson 

Austin 

Dick 

Law 

Parmenter 

Tierney 

Bannister 

Doughty 

Leggett 

Parsons 

Tuck 

Barnes 

Dow 

Lennox 

Pelletreau 

Vanderlyn 

Barrett 

Dunlap 

Lincoln 

Phillips  J  S 

Van  Ness 

Baumes 

Dunmore 

Linde 

Quigg 

Waterman 

Bayes 

Fancher 

Lindsay 

Reeves 

Weber  RE 

Beach 

Fobes 

Low 

Rhees 

Westwood 

Bell 

Ford 

McKean 

Rodenbeck 

Wheeler 

Berri 

Franchot 

McKinney 

Rosch 

Whipple 

Betts 

Gladding 

Mandeville 

Ryder 

White  C  J 

Bockes 

Green 

Marshall 

Sanders 

Wickersham 

Brenner 

Greff 

Martin  L  M 

Sargent 

Wiggins 

Buxbaum 

Haffen 

Mathewson 

SaxeM 

Williams 

Clearwater 

Hale 

Meigs 

Schurman 

Winslow 

Clinton 

Heaton 

Mereness 

Sears 

Wood 

Cobb 

Hinman 

Nicoll  C 

Sharpe 

Young  C  H 

Coles 

Johnson 

Nixon 

Smith  E  N 

President 

Cullinan 

Jones 

Nye 

Those  who  voted  in 

the  negative  were: 

Baldwin 

Donovan 

Griffin 

Ostrander 

Smith  A  E 

Bernstein 

Dooling 

Harawitz 

Potter 

Stowell 

Blauvelt 

Drummond 

Kirk 

Richards 

Unger 

Bunce 

Dykman 

Leary 

Ryan 

Wafer 

Burkan 

Endres 

Mann 

Saxe  J  G 

Wagner 

Byrne 

Eppig 

Martin  F 

Sheehan 

Ward 

Dahm 

Fogarty 

Nicoll  D 

Shipman 

Webber  C  A 

Daly 

Foley 

O'Brien  M  J 

Slevin 

Weed 

Donnelly 

Frank 

O'Connor 

103 


43 


654  JOUBBTAL  OF  THE 

When  Mr.  Brackett's  name  was  called  he  asked  to  be  and  was 
excused  from  voting. 

When  Mr.  R  B.  Smith's  name  was  called  he  asked  to  be  and 
was  excused  from  voting. 

On  motion  of  Mr.  Wickersham,  the  further  consideration  of 
bills  on  the  order  of  third  reading  was  postponed  until  the  after- 
noon session. 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole 
and  resumed  the  consideration  of  the  special  order,  being  "  Pro- 
posed constitutional  amendment  to  amend  Article  I  of  the  Con- 
titution,  generally,  and  to  repeal  Section  one  of  Article  VII  of  the 
Constitution  and  to  amend  Section  nine  of  Article  VTTI  of  the 
Constitution."   (No.  849,  Int.  !NTo.  720.) 

After  some  time  spent  therein  the  President  resumed  the  chair, 
and  Mr.  D.  Nicoll,  from  said  committee,  reported  progress  and 
asked  leave  to  sit  again  with  an  extension  of  time  of  one  hour  for 
debate. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  extending  the  time  for  debate,  and  it  was  determined  in  the 
affirmative. 

The  Convention  thereupon  again  resolved  itself  into  a  Com- 
mittee of  the  Whole  and  resumed  consideration  of  said  special 
order. 

After  some  time  spent  therein,  the  President  resumed  the  chair, 
and  Mr.  D.  Nicoll,  from  said  committee,  reported  progress  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

The  hour  of  one  o'clock  p.  m.  having  arrived  the  President 
declared  the  Convention  in  recess  until  two  o'clock  and  thirty 
minutes  p.  m. 


CONSTITUTIONAL  CONTENTION 


655 


TWO  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened.  Upon  direction  of  the  Presi- 
dent the  Secretary  called  the  roll  of  delegates  and  the  following 
responded : 


Adams 

Daly 

Latson 

O'Connor 

Smith  A  E 

Aiken 

Dennis 

Law 

Olcott 

Smith  E  N 

Angell 

Deyo 

Leary 

Ostrander 

Smith  R  B 

Austin 

Dick 

Leggett 

Owen 

Standart 

Baldwin 

Donnelly 

Lennox 

Parker 

Steinbrink 

Bannister 

Donovan 

Lincoln 

Parmenter 

Stimson 

Barnes 

Dooling 

Linde 

Parsons 

Stowell 

Barrett 

Doughty 

Lindsay 

Pelletreau 

Tierney 

Baumes 

Dow 

Low 

Phillips  J  S 

Unger 

Bayes 

Dunlap 

McKean 

Potter 

Van  Ness 

Beach 

Dunmore 

McKinney 

Quigg 

Wafer 

Bell 

Dykman 

Mandeville 

Reeves 

Wagner 

Bernstein 

Eisner 

Mann 

Rhees 

Ward 

Berri 

Fancher 

Martin  F 

Richards 

Waterman 

Betts 

Fobes 

Martin  L  M 

Rodenbeck 

Webber  C  A 

Blauvelt 

Foley 

Marshall 

Rosch 

Weed 

Bockes 

Francbot 

Mathewson 

Ryder 

Westwood 

Brackett 

Gladding 

Mealey 

Sanders 

Wheeler 

Burkan 

Griffin 

Meigs 

Sargent 

Whipple 

Buxbaum 

Haffen 

Mereness 

Saxe  J  G 

White  C  J 

Byrne 

Hale 

Newburger 

Schoonhut 

Wickersham 

Clearwater 

Harawitz 

Nicoll  C 

Schurman 

Wiggins 

Clinton 

Heaton 

Nicoll  D 

Sears 

Williams 

Cobb 

Johnson 

Nixon 

Sharpe 

Winslow 

Coles 

Kirby 

Nye 

Sheehan 

Wood 

Cullinan 

Kirk 

O'Brian  J  L 

Shipman 

Young  C  H 

Curran 

Landreth 

O'Brien  M  J 

Slevin 

President 

Mr.  Berri,  from  the  Committee  on  Printing,  to  which  was  re- 
ferred the  resolution  relative  to  printing  an  official  draft  of  the 
Constitution,  reported  in  favor  of  the  adoption  of  the  following 
resolution : 

Resolved,  That  the  Committee  on  Revision  and  Engrossment  be 
authorized  to  cause  to  be  accurately  printed  and  suitably  bound  an 
official  draft  of  the  present  State  Constitution  with  all  amendments 
thereto  properly  inserted  adopted  by  the  Convention,  for  authenti- 
cation and  deposit  as  the  Convention  may  provide  and  report  the 
same  to  the  Convention  upon  reconvening  and  that  not  exceed- 
ing three  hundred  additional  copies  be  printed  and  suitably  bound, 
one  copy  for  distribution  to  each  of  the  members  of  the  Conven- 
tion and  the  remaining  copies  for  distribution  to  libraries  and  as 
the  President  of  the  Convention  may  direct. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution  and  it  was  determined  in  the 
affirmative. 


656 


JOURNAL  OF  THE 


Mr.  J.  L.  O'Brian  from  the  Committee  on  Rules  presented  the 
following  report. 

The  Committed  on  Rules  recommends  the  adoption  of  the 
following : 

Resolved,  That  the  Convention  adjourn  to-day  at  ten  o'clock  p.  m. 

Mr.  Sheehan  moved  to  amend  said  resolution  by  striking  out 
"  ten  o'clock  "  and  inserting  "  seven  o'clock  ". 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  to  amend  and  it  was  determined  in  the 
affirmative. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution  as  amended  and  it  was  determined  in  the 
affirmative. 

In  reply  to  the  inquiry  of  Mr.  Olcott  concerning  what  action 
the  rules  committee  had  taken  upon  his  motion  to  instruct  the 
Committee  on  Rules  to  report  as  a  special  proposed  amendment, 
No.  29,  Int.  Xo.  29,  Mr.  J.  L.  O'Brian  from  the  Committee  on 
Rules  made  the  following  statement: 

The  Committee  on  Rules  was  of  the  opinion  that  the  only  action 
which  it  could  properly  take  with  reference  to  the  Committee  on 
Civil  Service  would  be  to  add  it  at  the  end  of  the  present  calendar 
of  special  orders.  In  view  of  the  early  hour  this  evening  fixed  for 
adjournment  this  report  certainly  could  not  be  reached  for  con- 
sideration if  it  were  so  designated  as  a  special  order.  The  com- 
mittee for  this  reason  has  taken  no  action  in  the  matter. 

Mr.  Olcott  moved  to  disagree  with  the  report  of  the  Committee 
on  Rules. 

Mr.  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

Those  who  voted  in  the  affirmative  were : 


Adams 

Deyo 

Angel  1 

Donnelly 

Baumes 

Dunlap 

Bayes 

Dunmore 

Beach 

Eisner 

Berri 

Eppig 

Brackett 

Fancher 

Burkan 

Fogarty 

Byrne 

Griffin 

Cobb 

Haffen 

Coles 

Harawitz 

Cullinan 

Heaton 

Dahm 

Johnson 

Daly 

Kirk 

Dennis 

Landreth 

Latson 

Ostrander 

Standart 

Leary 

Owen 

Stowell 

Lincoln 

Parker 

Tierney 

Linde 

Potter 

Tuck 

McKean 

Reeves 

Unger 

Mandeville 

Richards 

Vanderlyn 

Mann 

Rodenbeck 

Wafer 

Martin  F 

Rosch 

Wagner 

Martin  L  M 

Ryan 

Ward 

Nixon 

Sargent 

Webber  C  A 

Nye 

Schoonhut 

Weed 

O'Brien  M  J 

Shipman 

Westwood 

O'Connor 

Slevin 

Whipple 

Olcott 

Smith  R  B 

Wiggins 

72 


CONSTITUTIONAL  CONVENTION 


657 


Those  who  voted  in  the  negative  were : 


Aiken 

Curran 

Leggett 

Parsons 

Steinbrink 

Austin 

Dick 

Lennox 

Pelletreau 

Stimson 

Baldwin 

Doughty 

Low 

Phillips  J  S 

Van  Ness 

Bannister 

Dow 

McKinney 

Quigg 

Waterman 

Barnes 

Dykman 

Marshall 

Rhees 

Wheeler 

Barrett 

Fobes 

Mealy 

Ryder 

White  C  J 

Bell 

Ford 

Meigs 

Sanders 

Wickersham 

Bernstein 

Franchot 

Mereness 

Saxe  M 

Williams 

Betts 

Gladding 

Nicoll  C 

Sears 

Winslow 

Blauvelt 

Hale 

Nicoll  D 

Sharpe 

Wood 

Bockes 

Kirby 

O'Brian  J  L 

Sheehan 

Young  C  H 

Buxbaum 

Law 

Parmenter 

Smith  E  N 

Prasident 

Clearwater 

61 


On  motion  of  Mr.  Wickersham,  the  consideration  of  the  third 
reading  calendar  was  postponed  until  after  the  completion  of  the 
work  of  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Wickersham,  the  time  for  debate  of  Gen- 
eral Order  No.  63  was  extended  one  hour,  subject  to  the  five 
minute  rule  for  individual  speeches. 

The  Convention  then  resolved  itself  into  a  Committee  of  the 
Whole  and  resumed  consideration  of  the  special  order,  being 
"  Proposed  constitutional  amendment  to  amend  Article  I  of  the 
Constitution,  generally  and  to  repeal  Section  one  of  Article  VII 
of  the  Constitution  and  to  amend  Section  nine  of  Article  VIII  of 
the  Constitution.''  (No.  849,  Int.  No.  720.) 

After  some  time  spent  therein  the  President  resumed  the 
chair  and  Mr.  D.  Nicoll  from  said  committee  reported  in  favor  of 
the  passage  of  said  Proposed  amendment  with  amendments, 
which  report  was  agreed  to  and  said  proposition  ordered  re- 
printed as  amended  and  to  a  third  reading. 

Mr.  Wickersham  moved  that  the  Convention  resolve  itself  into 
a  Committee  of  the  Whole  and  proceed  with  the  consideration  of 
special  orders  until  such  time  as  the  Committee  on  Kevision  and 
Engrossment  is  prepared  to  submit  its  report  on  Proposed  amend- 
ment No.  849,  Int.  No.  720. 

The  Convention  thereupon  resolved  itself  into  a  Committee  of 
the  Whole  and  proceeded  to  the  consideration  of  the  special  order, 
Proposed  constitutional  amendment  to  amend  Article  III 
42 


being 


658  JOURNAL  OF  THE 

of  the  Constitution  in  relation  to  living  wages  to  be  paid  to 
women  and  children."  (No.  791,  Int.  No.  193.) 

After  some  time  spent  therein  the  President  resumed  the  chair 
and  Mr.  D.  Nicoll  reported  progress  and  asked  leave  to  sit  again 
and  until  the  report  of  the  Committee  on  Revision. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

The  Convention  thereupon  again  resolved  itself  into  a  Com- 
mittee of  the  Whole  and  resumed  the  consideration  of  said  special 
order. 

After  some  time  spent  therein  the  President  resumed  the  Chair 
and  Mr.  D'.  Nicoll  from  said  committee  reported  progress  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again 
and  it  was  determined  in  the  affirmative. 

Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Committee  on  Bill  of  Rights  (No.  870,  Int. 
No.  729),  entitled  "  Proposed  constitutional  amendment  to  amend 
Sections  six  and  seven  of  Article  I  of  the  Constitution,  generally/' 
reports  the  same  as  examined  found  correct  and  correctly  en- 
grossed. 

Adolph  J.  Rodenbeck, 

Chairman. 

which  report  was  accepted  and  said  proposed  amendment  ordered 
placed  on  the  third  reading  calendar. 

Proposed  amendment  (No.  870,  Int.  No.  720),  entitled  "  Pro- 
posed constitutional  amendment  to  amend  Sections  six  and  seven 
of  Article  I  of  the  Constitution,  generally,"  was  read  the  third 
time  and  passed,  a  majority  of  the  delegates  elected  to  the  Con- 
vention voting  in  favor  thereof. 


CONSTITUTIONAL  CONVENTION 


659 


Those  who  voted  in  the  affirmative  were : 


Adams 

Daly 

Landreth 

Olcott 

Standart 

Aiken 

Dennis 

Latson 

Ostrander 

Steinbrink 

Allen  F  C 

Deyo 

Law 

Owen 

Stimson 

Angell 

Dick 

Leggett 

Parsons 

Stowell 

Austin 

Donnelly 

Lennox 

Pelletreau 

Tierney 

Baldwin 

Donovan 

Lincoln 

Phillips  J  S 

Tuck 

Bannister 

Doughty 

Linde 

Potter 

Unger 

Barnes 

Dow 

Lindsay 

Quigg 

Vanderlyn 

Barrett 

Dunlap 

Low 

Reeves 

Van  Ness 

Baumes 

Dunmore 

McKean 

Rhees 

Wafer 

Bayes 

Eppig 

McKinney 

Rodenbeck 

Wagner 

Beach 

Fancher 

Mandeville 

Rosch 

Ward 

Bell 

Fobes 

Mann 

Ryan 

Waterman 

Berri 

Foley 

Martin  F 

Ryder 

Webber  C  A 

Betts 

Ford 

Martin  L  M 

Sanders 

Weber  R  E 

Blauvelt 

Franchot 

Marshall 

Sargent 

Weed 

Brackett 

Gladding 

Mathewson 

Saxe  J  G 

West  wood 

Bunce 

Green 

Mealy 

Saxe  M 

Whipple 

Burkan 

Greff 

Meigs 

Schoonhut 

White  C  J 

Buxbaum 

Haffen 

Mereness 

Sears 

Wickersham 

Byrne 

Hale 

Nicoll  C 

Sharpe 

Wiggins 

Clearwater 

Harawitz 

Nicoll  D 

Sheehan 

Williams 

Clinton 

Heaton 

Nixon 

Shipman 

Winslow 

Cobb 

Johnson 

Nye 

Smith  A  E 

Wood 

Coles 

Kirby 

O'Brian  J  L 

Smith  E  N 

Young  C  H 

Cullinan 

Kirk 

O'Brien  M  J 

Smith  R  B 

President        130 

Those  who  voted  in  the  negative  were: 

Bockes  Dahm  O'Connor  3 

Under  the  resolution  for  the  appointment  of  a  select  committee 
of  five,  besides  the  President,  to  prepare  and  report  to  the  Conven- 
tion the  time  and  manner  of  the  submission  of  the  proposed  con- 
stitutional amendments,  etc.,  the  President  announces  the  appoint- 
ment of  the  following:  Messrs.  Parsons  (Chairman),  Brenner, 
F.  L.  Young,  Cobb  and  D.  Nicoll. 

Under  the  resolution  for  the  appointment  of  a  special  com- 
mittee of  seven  to  prepare  and  report  to  the  Convention  a  draft' 
of  an  address  to  the  people,  the  Chair  announces  the  appointment" 
of  the  following:  Messrs.  Wickersham  (Chairman),  Clearwater, 
Schurman,  Low,  Hale,  M.  J.  O'Brien  and  A.  E^  Smith. 

On  motion  of  Mr.  Wickersham  the  Convention  adjourned. 


660 


JOURNAL  OF  THE 


THURSDAY,  SEPTEMBER  9,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Rev.  J.  Addison  Jones. 

On  motion  of  Mr.  Wickersham,  the  journal  of  Friday,  Septem- 
ber 3rd,  was  approved. 

Upon  the  direction  of  the  President  the  Secretary  called  the 
roll  of  delegates,  and  the  following  responded : 


Adams 

Curran 

Jones 

O'Connor 

Smith  R  B 

Ahearn 

Dahm 

Kirby 

Olcott 

Smith  T  F 

Aiken 

Daly 

Kirk 

Ostrander 

Standart 

Allen  F  C 

Dennis 

Landreth 

Parker 

Steinbrink 

Angell 

Deyo 

Latson 

Parsons 

Stimson 

Austin 

Dick 

Leary 

Pelletreau 

Stowell 

Baldwin 

Donnelly 

Leggett 

Phillips  S  K 

Tuck 

Bannister 

Donovan 

Lennox 

Quigg 

Unger 

Barnes 

Doughty 

Lincoln 

Peeves 

Vanderlyn 

Barrett 

Dunmore 

Linde 

Rhees 

Van  Ness 

Bayes 

Dykman 

Lindsay 

Richards   . 

Wadsworth 

Beach 

Endres 

Low 

Rodenbeck 

Ward 

Bell 

Eppig 

McKean 

Rosch 

Waterman 

Bernstein 

Fancher 

McKinney 

Ryan 

Webber  C  A 

Berri 

Fobes 

McLean 

Ryder 

Weed 

Betts 

Foley 

Mandeville 

Sanders 

Westwood 

Blauvelt 

Ford 

Marshall 

Sargent 

Whipple 

Bockes 

Franchot 

Martin  F 

Saxe  J  G 

White  C  J 

Brenner 

Frank 

Martin  L  M 

Saxe  M 

Wickersham 

Bunce 

Gladding 

Mathewson  . 

Schoonhut 

Wiggins 

Burkan 

Green 

Mealey 

Schurman 

Williams 

Byrne 

Greff 

Meigs 

Sears 

Winslow 

Clearwater 

Griffin 

Mereness 

Sharpe 

Wood 

Clinton 

Haffen 

Nicoll  D 

Sheehan 

Young  C  H 

Cobb 

Hale 

Nixon 

Slevin 

Young  F  L 

Coles 

Heaton 

O'Brian  J  L 

Smith  A  E 

President 

Cullinan 

Heyman 

O'Brien  M  J 

Smith  E  N 

Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, presented  the  following  report: 

REPORT  OF  COMMITTEE  ON  REVISION  AND 
ENGROSSMENT,  PURSUANT  TO  THE  RULES  OF 
THE  CONVENTION  AND  RESOLUTIONS  ADOPTED 
SEPTEMBER  4,  1915,  PRESENTING  THE  PRESENT 
CONSTITUTION  OF  THE  STATE  WITH  THE 
AMENDMENTS  THERETO  ADOPTED  BY  THE 
CONVENTION,  PROPERLY  INSERTED,  WITH 
SUCH  CHANGES  AS  THE  COMMITTEE  DEEMED 
IT    ADVISABLE    TO    INCORPORATE    THEREIN 

To  the  Convention: 

Since  the  recess  of  the  convention  on  September  fourth  the 
Committee  on  Revision  and  Engrossment  has  been  engaged  in 


CONSTITUTIONAL  CONVENTION  661 

preparing  a  draft  of  the  present  constitution  of  the  state  and  in 
inserting  therein  the  amendments  adopted  by  this  convention. 

The  draft  prepared  by  the  committee  has  been  compared  with 
the  original  draft  of  the  constitution  of  1894  on  deposit  in  the 
state  library  and  with  the  engrossed  copies  of  the  amendments 
signed  by  the  president  of  this  convention. 

Upon  this  draft  as  a  basis  the  committee  has  proceeded  to  make 
such  changes  as  were  necessary  to  incorporate  the  amendments 
adopted  by  this  convention  and  to  make  such  alterations  as  were 
necessary  to  make  the  language  of  the  constitution  consistent  and 
uniform. 

The  committee  found  that  the  constitution  of  1894,  as  adopted, 
abounded  in  the  use  of  capitals,  while  the  amendments  made 
thereto  during  the  past  twenty  years  are  almost  entirely  devoid 
of  capitals. 

The  committee  has  adopted  the  style  of  the  amendments  made 
to  the  constitution  since  1894  as  the  more  modern  method  of 
capitalization  and  has  made  the  capitalization  throughout  the  con- 
stitution uniform. 

As  this  change  can  not  possibly  affect  the  substance  of  the  con- 
stitution, it  seems  unnecessary  to  refer  specifically  to  any  of  these 
changes. 

The  punctuation  of  the  existing  constitution  is  more  profuse 
than  that  which  is  now  employed,  but  the  committee  has  not 
deemed  it  wise  to  change  the  punctuation  of  the  un-amended 
portions  of  the  constitution  of  1894,  although  it  has  not  hesitated 
to  strike  out  or  insert  commas  in  any  of  the  amendments  made 
by  this  convention  where  such  a  change  could  not  affect  the  mean- 
ing of  the  provisions. 

In  the  following  instances  commas  have  been  omitted: 
Page  8,  line  24,  after  the  word  "  meetings  "  ; 
Page  9,  line  35,  after  the  word  "  apportionment " ; 
Page  9,  line  36,  after  the  word  "  senator " ; 
Page  9,  line  37,  after  the  word  "  senator  " ; 
Page  9,  line  37,  after  the  word  "  senators  " ; 
Page  10,  line  32,  after  the  word  "  supervisors  " ; 
Page  10,  line  32,  after  the  word  "  or  " ; 
Page  11,  line  23,  after  the  word  "  district"; 
Page  11,  line  24,  after  the  word  "  which  " ; 
Page  11,  line  25,  after  the  word  "  districts  " ; 
Page  11,  line  33,  after  the  word  "  time  " ; 
•  Page  11,  line  33,  after  the  word  "  towns  " ; 
Page  11,  line  37,  after  the  word  "  legislature  " ; 


662  JOURNAL  OF  THE 

Page  11,  line  37,  after  the  word  "body  " ; 

Page  11,  line  41,  after  the  word  "  apportionment"; 

Page  17,  line  34,  after  the  word  "  time  " ; 

Page  24,  line  35,  after  the  word  "  powers  " ; 

Page  25,  line  27,  after  the  word  "  treasurer  " ; 

Page  25,  line  29,  after  the  word  "  office  " ; 

Page  43,  line  40,  after  the  word  "  of  " ; 

Page  43,  line  40,  after  the  word  "  exceed  " ; 

Page  43,  line  41,  after  the  word  "  courts  " ; 

Page  65,  line  18,  after  the  word  "  ability  " ; 

Page  65,  line  29,  after  the  word  "  vote  ". 

In  the  following  instances  commas  have  been  inserted : 

Page  3,  line  4,  after  the  word  "  referee  " ; 
Page  7,  line  36,  after  the  word  "  enumeration  "  • 
Page  36,  line  8,  after  the  word  "  may  " ; 
Page  45,  line  6,  after  the  word  "  twenty-two  " ; 
Page  65,  line  18,  after  the  dash  "  — » 

In  the  following  instances  the  punctuation  has  been  changed : 

Page  2,  line  28,  following  the  word  "  years  "  the  apostrophe 
(')  has  been  omitted. 

The  semicolons  appearing  in  section  19,  page  14,  lines  10  to  35, 
inclusive,  following  the  respective  clauses  take  the  place  of  periods 
which  were  improperly  used  in  the  constitution  of  1894. 

Pages  22  and  23,  article  six,  the  paragraphs  relating  to  the 
civil  departments  are  numbered  for  convenience  in  reference  from 
one  to  seventeen,  respectively,  to  correspond  with  the  numbering 
appearing  in  section  one  of  such  article. 

The  word  "  said  "  appears  quite  commonly  in  the  present  con- 
stitution and  in  the  amendments  made  during  the  past  twenty 
years,  while  in  the  amendments  proposed  by  this  convention  the 
word  "  such"  has  generally  been  used  in  place  thereof. 

The  committee  regards  the  word  "  such "  as  the  preferable 
term,  although  in  a  few  instances  the  word  "  said "  has  been 
preserved. 

In  the  following  instances  the  word  "  such  "  has  been  substi- 
tuted for  the  word  "  said  " : 

Page  5,  line  12 ;  page  5,  line  14 ;  page  9,  line  23 ;  page  11,  line 
26;  page  12,  line  1;  page  14,  line  6;  page  14,  line  23;  page  30, 
line  27;  page  30,  line  34;  page  37,  line  23;  page  41,  line  33; 
page  41,  line  41;  page  44,  line  2;  page  44,  line  23;  page  48, 
line  25;  page  48,  line  39;  page  49,  line  3;  page  49,  line  4; 


CONSTITUTIONAL  CONVENTION  663 

page  53,  line  30 ;  page  54,  line  9 ;  page  54,  line  29 ;  page  54,  line 
31 ;  page  54,  line  35 ;  page  54,  line  39 ;  page  56,  line  13 ;  page  56, 
line  13 ;  page  57,  line  23 ;  page  57,  line  24 ;  page  57,  line  28 ;  page 
69,  line  17. 

The  expressions  "  the  state  "  and  "  this  state  "  occur  throughout 
the  constitution.  The  committee  has  not  made  the  expression 
uniform,  because  it  found  that  there  was  an  appropriateness  in 
most  cases  in  using  the  particular  form  that  was  employed. 

Likewise  the  expressions  "  the  constitution  "  and  "  this  con- 
stitution "  appear  without  any  discrimination  in  their  use.  The 
committee,  with  one  or  two  exceptions,  has  made  the  reference  to 
the  constitution  read  "  this  constitution  ". 

In  the  following  instances  this  has  been  done : 

Page  56,  line  21;  page  57,  line  7;  page  59,  line  7;  page  59, 
line  9;  page  67,  line  19;  page  67,  line  31;  page  68,  line  13; 
page  68,  line  40. 

In  amendments  adopted  by  this  convention  the  word  "  electors  " 
has  been  substituted  for  the  word  "  voters  ".  The  word  "  voters  " 
however  occurs  in  two  instances  in  the  existing  constitution,  and 
in  these  cases  it  has  been  changed  to  the  word  "  electors  "  to  make 
the  use  of  terms  for  the  same  subject  uniform.  This  change  has 
been  made  in  the  following  instances :  Page  8,  line  14,  and  page 
8,  line  15. 

The  word  "  people  "  has  been  changed  to  the  word  "  electors  " 
at  page  51,  line  37,  the  former  word  being  plainly  erroneously 
used. 

The  words  "  constitute  a  quorum  "  which  is  the  expression  com- 
monly employed,  have  been  used  in  place  of  the  words  "  form  a 
quorum".     (See  page  33,  line  31;  page  34,  line  10.) 

Where  the  salary  of  an  officer  is  specified  the  expression 
"  annual  salary  "  has  been  employed  instead  of  the  expression 
a  specified  salary  "  per  year  ",  in  order  to  make  the  language 
in  this  respect  uniform.     (See  page  37,  lines  1  and  2.) 

The  prevailing  expression  used  in  the  constitution  in  designating 
the  month  and  the  day  of  the  month  is,  for  instance,  "  the  first 
day  of  January  "  and  not  "  January  first  ".  The  former  expres- 
sion has  been  used  in  the  proposed  draft  of  the  constitution  for  the 
sake  of  uniformity.  It  seems  unnecessary  to  call  attention  to  these 
changes  in  detail. 

Likewise,  the  prevailing  expression  in  designating  the  year  is, 
for  instance,  "  one  thousand  nine  hundred  and  fifteen  "  and  not 


664  JOURNAL  OF  THE 

"  nineteen  hundred  and  fifteen  ".  The  latter  has  been  used  in  the 
recent  amendments  made  to  the  constitution  of  1894,  but  the  com- 
mittee feels  that  in  a  formal  document  like  the  constitution  of  the 
state  it  is  well  to  follow  the  expression  "  one  thousand  nine  hun- 
dred and  fifteen  "  instead  of  the  less  formal  expression  "  nineteen 
hundred  and  fifteen  ". 

The  expression  "  yeas  and  nays  "  is  the  predominant  one  in  the 
constitution  in  reference  to  voting  in  that  manner  and  in  the  only 
instance  where  "  ayes  and  noes  "  appears  the  expression  has  been 
changed  to  "  yeas  and  nays  ".     (See  page  46,  line  12.) 

The  spelling  of  the  word  "  moneys  "  which  in  one  instance  is 
spelled  "  m-o-n-i-e-s  "  has  been  made  to  read  "  m-o-n-e-y-s  n  where 
it  appears  in  the  constitution.     (See  page  20,  line  37.) 

The  word  "  residue  "  as  applied  to  the  unexpired  term  of  an 
office  where  a  vacancy  occurs  has  been  changed  to  "  remainder  ", 
which  is  used  in  nearly  all  instances  in  the  present  constitution. 
(See  page  12,  line  30;  page  40,  line  6.) 

In  view  of  the  change  in  the  language  of  the  constitution  relat- 
ing to  the  enumeration  of  the  inhabitants  of  the  state  which  will 
not  require  such  an  enumeration  except  where  a  federal  census  is 
not  available,  it  became  necessary  to  change  the  language  of  the 
constitution  in  some  places. 

For  instance,  on  page  7,  line  35,  the  word  "  state  "  has  been 
stricken  out  and  the  remainder  of  the  line  after  the  word  "  enu- 
meration ",  and  all  before  the  word  "  electors  "  on  line  36,  and 
after  the  word  "  preceding  "  the  words  "  federal  or  state  census  " 
have  been  inserted,  so  that  the  sentence  will  read  "  In  cities  and 
villages  having  five  thousand  inhabitants  or  more,  according  to  the 
last  preceding  federal  or  state  census  or  enumeration  ",  etc.,  and 
on  page  28,  line  15,  after  the  word  "  every"  there  has  been  in- 
serted the  words  "  federal  census  or  state  "  and  there  has  been 
stricken  out  on  line  16,  the  words  "  under  the  constitution,  of  the 
inhabitants  of  the  state  "  so  that  the  sentence  will  read  "  The  legis- 
lature may  alter  the  judicial  districts  once  after  every  federal 
census  or  state  enumeration,"  etc.  Page  28,  line  23,  the  words 
"  state,  or  "  have  been  omitted  and  the  words  "  or  state  ",  have 
been  inserted  after  the  word  "  federal  ",  so  as  to  make  the  language 
uniform  with  the  change  made  in  a  preceding  part  of  the  same 
section,  and  on  page  28,  line  26,  the  words  "  state  or"  have  been 
stricken  out  and  after  the  word  "  federal "  have  been  inserted  the 
words  "  or  state  "  for  a  like  reason. 


CONSTITUTIONAL  CONVENTION  665 

Page  28,  line  20,  the  letter  "  s "  is  added  to  the  word  "  dis- 
trict ". 

Page  63,  line  15,  insert  after  the  word  a  latest "  the  words 
"  federal  or  "  and  after  the  word  "  state  "  the  words  "  census  or  " 
so  that  the  sentence  will  read  "All  cities  are  classified  according  to 
the  latest  federal  or  state  census  or  enumeration  ". 

The  committee  has  not  in  all  instances  brought  the  parts  of 
verbs  together,  but  an  exception  has  been  made  on  page  thirteen 
in  section  ten,  on  account  of  the  wide  separation  of  the  verb  "  may 
convene  ",  and  has  eliminated  the  word  "  may  "  from  line  one  and 
inserted  it  before  the  word  "  convene  "  in  line  four.  Likewise 
after  the  word  "  assembly  "  in  line  six  the  word  "  may  "  has  been 
eliminated  and  inserted  before  the  word  "  convene  "  in  line  eight. 

On  page  15,  line  35,  a  reference  appears  to  article  seven  of  the 
existing  constitution.  On  account  of  the  renumbering  of  the  arti- 
cles it  has  been  necessary  to  change  this  reference  to  "  nine  " ; 
and  in  order  to  make  the  reference  specific  it  has  also  been  neces- 
sary to  add  after  the  word  "  constitution  "  the  words  "  or  section 
four  of  former  article  seven  thereof  as  in  force  on  the  first  day  of 
January,  one  thousand  nine  hundred  and  ten." 

On  page  17,  line  26,  the  word  "  political "  has  been  changed 
to  "  civil ",  and  again  on  line  28,  to  make  the  expression  corre- 
spond with  the  usual  term  employed  in  the  remainder  of  the  con- 
stitution. 

Page  21,  lines  30  and  31,  the  words  "and  the  comptroller" 
have  been  stricken  out  and  the  comma  after  the  wrord  "  governor  " 
and  the  word  "  and "  has  been  inserted  after  the  word  "  gov- 
ernor ",  because  the  comptroller  has  been  made  the  head  of  one  of 
the  departments  of  the  state  government. 

Page  22,  line  37,  after  the  word  "the"  the  words  "head  of 
the  "  have  been  inserted  and  the  words  "  administered  by  "  have 
been  stricken  out  to  make  the  expression  uniform  with  the  other 
subdivisions  of  section  2  in  designating  the  head  of  the  department. 

Page  33,  line  15,  the  word  "  whom  "  has  been  changed  to 
"  which  "  to  correct  an  obvious  grammatical  error. 

Page  20,  line  11,  the  word  "  their  "  has  been  changed  to  "  its  ", 
to  correct  a  grammatical  error. 

Page  41,  line  12,  after  the  word  "  sessions "  the  words  "  in 
and  "  have  been  inserted  to  perfect  the  reference  to  the  "  court  of 
general  sessions  in  and  for  the  city  and  county  of  New  York  " 
which  is  the  name  of  the  existing  court. 


666  JOURNAL  OF  THE 

Page  48,  line  39,  and  page  49,  line  1,  the  words  "  state  commis- 
sion of  highways  "  have  been  stricken  out  and  the  words  "  super- 
intendent of  public  works  "  have  been  inserted  in  their  stead,  be- 
cause under  this  constitution  the  superintendent  of  public  works 
has  charge  of  the  highways  of  the  state. 

Page  49,  line  4,  change  the  word  "  it  "  to  "  he  ". 

Page  51,  line  24,  the  word  "  ten  "  has  been  stricken  out  and 
the  word  "  thirteen  "  inserted  to  correct  a  reference,  which  is 
made  necessary  by  the  renumbering  of  articles. 

Page  59,  line  2,  the  word  "  supplying  "  has  been  stricken  out 
and  the  word  "  filling  "  inserted  in  its  place  to  correct  a  bad  use  of 
English. 

Page  62,  lines  27  to  31,  the  language  relating  to  the  adoption 
of  new  charters  by  cities  was  confused,  and  the  committee  has  in- 
serted in  line  29  a  comma  after  "  seventeen  ",  and  in  line  30  a 
comma  after  "  provide "  and  after  the  word  "  thereafter  "  the 
words  "  either  at  the  general  or  at  a  special  election  ",  so  that  the 
sentence  will  read  "At  the  general  election  in  the  year  one  thou- 
sand nine  hundred  and  seventeen,  and  unless  its  charter  after  one 
revision  thereof  shall  otherwise  provide,  in  every  eighth  year 
thereafter  either  at  the  general  or  at  a  special  election,  every  city 
shall  submit  to  the  electors  thereof,  the  question  "  Shall  there  be  a 
commission  to  revise  the  charter  of  the  city? ". 

Page  67,  line  26,  the  word  "  each"  has  been  changed  to  the  word 
"  such  ",  to  correct  an  obvious  error. 

Page  69,  line  22,  the  word  "  nine  "  has  been  changed  to  the  word 
"  seven  "  to  correct  the  reference  made  necessary  by  the  renumber- 
ing of  the  articles. 

On  page  69,  line  26,  the  words  "  such  "  and  "  seven  "  have  been 
stricken  out,  and  on  line  27  the  words  "  as  amended  "  and  there 
have  been  inserted  after  the  word  "  article  "  the  words  "  nine  of 
this  constitution  ". 

Page  68,  line  5,  the  wrords  "  next  ensuing  after  "  have  been 
stricken  out  and  the  word  "following"  has  been  inserted. 

Page  45,  line  13,  the  letter  "  s  "  is  added  to  the  word  "  office  ". 

The  committee  found  it  necessary  by  reason  of  the  creation  of 
new  articles  and  new  sections  to  renumber  the  articles  and  sections 
in  some  instances.  These  changes  appear  in  the  schedule  which  is 
attached  to  this  report,  so  that  it  is  not  deemed  necessary  to  call 
attention  to  them  specifically. 

All  of  the  references  in  the  proposed  constitution  have  been 
checked  up  and  are  believed  to  be  correct. 


CONSTITUTIONAL  CONVENTION  667 

All  the  changes  reported  by  the  committee,  it  is  believed,  come 
within  the  power  of  the  committee  to  correct  inaccuracies  and  in- 
consistencies. The  committee  has  made  no  intentional  change  of 
substance. 

Accompanying  this  report  is  a  draft  of  the  present  constitution 
incorporating  all  of  the  amendments  made  by  this  convention  and 
embodying  all  of  the  changes  above  indicated.  This  draft  of  the 
constitution  is  preceded  by  an  index  of  the  articles  giving  the 
subject  of  each  and  is  followed  by  a  schedule  showing  the  source  of 
the  various  articles  of  the  proposed  constitution,  the  distribution  of 
the  sections  of  the  present  constitution  and  also  the  source  of  the 
sections  of  the  proposed  constitution  marked  Schedules  A,  1>  and  0. 

In  pursuance  of  the  rules  of  the  convention  and  the  resolutions 
adopted  by  the  convention,  the  committee  has  directed  the  prepara- 
tion of  an  original  draft  of  the  proposed  constitution  on  parchment 
and  also  has  under  preparation  copies  from  the  original  plates 
which  will  be  suitably  bound  and  delivered  to  the  members  of  the 
convention  as  soon  as  it  can  be  done. 

The  list  of  articles  preceding  the  draft  of  the  constitution  and 
the  schedules  following  it  have  been  submitted  merely  for  the 
convenience  of  the  members  of  the  convention  and  form  no  part  of 
the  original  draft  of  the  constitution  reported  by  the  committee. 

We  desire  to  express  our  appreciation  for  the  valuable  service? 
of  Mr.  Benton  S.  Rude,  the  parliamentary  draftsman  attached  to 
the  committee,  and  to  George  W.  Munson,  its  stenographer,  and 
also  for  faithful  services  of  Charles  H.  Clark,  who  has  been  in  the 
service  of  the  committee  during  the  past  few  weeks,  and  to 
Frederick  D.  Colson  and  John  T.  Fitzpatrick,  who  have  assisted 
the  committee  in  the  reading  of  the  proofs. 

Respectfully  submitted, 

AdOLPII  J.  RODENBECK, 

Chairman 
Lemuel  E.  Quigg, 
William  S.   Ostrander, 
Charles  H.  Betts, 
William  R.  Bates, 
Harry  W.  Newburger, 
Timothy  A.  Leary. 

Committee, 


668  JOURNAL  OF  THE 

Mr.  Rodenbeck,  from  the  Committee  on  Revision  and  Engross- 
ment, presented  an  engrossed  copy  of  the  Constitution  which  the 
President  directed  the  Secretary  to  read,  in  words  following : 

We,  the  people  of  the  State  of  New  York,  grateful  to  Almighty 
God  for  our  freedom,  in  order  to  secure  its  blessings,  do  establish 
this  Constitution. 

ARTICLE  I. 

Section  1.  No  member  of  this  state  shall  be  disfranchised,  or 
deprived  of  any  of  the  rights  or  privileges  secured  to  any  citizen 
thereof,  unless  by  the  law  uf  the  land,  or  the  judgment  of  his  peers. 

Section  2.  The  trial  by  jury  in  all  cases  in  which  it  has  been 
heretofore  used  shall  remain  inviolate  forever;  but  a  jury  trial 
may  be  waived  by  the  parties  in  all  civil  cases  in  the  manner  to 
be  prescribed  by  law. 

Section  3.  The  free  exercise  and  enjoyment  of  religious  pro- 
fession and  worship,  without  discrimination  or  preference,  shall 
forever  be  allowed  in  this  state  to  all  mankind;  and  no  person 
shall  be  rendered  incompetent  to  be  a  witness  on  account  of  his 
opinions  on  matters  of  religious  belief;  but  the  liberty  of  con- 
science hereby  secured  shall  not  be  so  construed  as  to  excuse  acts 
of  licentiousness,  or  justify  practices  inconsistent  with  the  peace  or 
safety  of  this  state. 

Section  4.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless  when,  in  cases  of  rebellion  or  invasion,  the 
public  safety  may  require  its  suspension. 

Section  5.  Excessive  bail  shall  not  be  required  nor  excessive 
fines  imposed,  nor  shall  cruel  and  unusual  punishments  be  in- 
flicted, nor  shall  witnesses  be  unreasonably  detained. 

Section  6.  Except  in  cases  of  impeachment,  and  in  cases  of 
militia  when  in  actual  service,  and  the  land  and  naval  forces  in 
time  of  war,  or  which  this  state  may  keep  with  the  consent  of 
congress  in  time  of  peace,  and  in  cases  of  petit  larceny,  under 
the  regulation  of  the  legislature,  no  person  shall  be  held  to 
answer  for  a  capital  or  otherwise  infamous  crime  unless  on  pre- 
sentment or  indictment  of  a  grand  jury.  Any  person  may,  how- 
ever, in  the  manner  prescribed  by  law  after  examination  or  com- 
mitment by  a  magistrate,  waive  indictment  and  trial  by  jury  on 
a  charge  of  felony  punishable  by  not  exceeding  five  years  imprison- 
ment, or  of  an  indictable  misdemeanor,  all  subsequent  proceed- 
ings being  had  by  information  before  a  superior  court  of  criminal 


CONSTITUTIONAL  CONVENTION  669 

jurisdiction  or  a  judge  or  justice  thereof.  In  any  trial  in  any  court 
whatever  the  party  accused  shall  be  allowed  to  appear  and 
defend  in  person  and  with  counsel  as  in  civil  actions,  and  in 
any  criminal  case  shall  have  the  right  to  at  least  one  ap- 
peal. No  person  shall  be  subject  to  be  twice  put  in  jeopardy 
for  the  same  offense;  nor  shall  he  be  compelled  in  any  criminal 
case  to  be  a  witness  against  himself;  nor  be  deprived  of  life, 
liberty  or  property  without  due  process  of  law ;  nor  be  denied  the 
equal  protection  of  the  laws ;  nor  shall  private  property  be  taken 
for  public  use  without  just  compensation. 

Section  7.  (a)  When  private  property  shall  be  taken  for  any 
public  use,  the  compensation  to  be  made  therefor,  when  such 
compensation  is  not  made  by  the  state,  shall  be  ascertained  by 
the  supreme  court  without  a  jury,  but  not  with  a  referee,  or  by 
one  or  more  supreme  court  commissioners  or,  within  the  third  and 
fourth  judicial  departments  and  such  part  of  the  second  judicial 
department  not  within  the  city  of  New  York  by  not  less  than 
three  commissioners  appointed  by  a  court  of  record,  as  shall  be 
prescribed  by  law.  Where  the  proceedings  are  instituted  by  a 
civil  division  of  the  state,  compensation  shall  be  paid  before  such 
taking,  unless  the  supreme  court,  after  hearing,  because  of  public 
necessity  shall  otherwise  direct. 

(b)  Private  roads  may  be  opened  in  the  manner  to  be  pre- 
scribed by  law;  but  in  every  case  the  necessity  of  the  road  and 
the  amount  of  all  damage  to  be  sustained  by  the  opening  thereof 
shall  be  first  determined  by  a  jury  of  freeholders,  and  such 
amount,  together  with  the  expenses  of  the  proceeding,  shall  be 
paid  by  the  person  to  be  benefited. 

(c)  General  laws  may  be  passed  permitting  the  owners  or 
occupants  of  swamp  or  agricultural  lands  to  construct  and  main- 
tain for  the  drainage  thereof,  necessary  drains,  ditches  and  dikes 
upon  the  lands  of  others,  under  proper  restrictions  on  making 
just  compensation,  which  shall  be  assessed  against  the  property 
benefited  thereby. 

(d)  The  legislature  may  authorize  cities  to  take  more  land 
and  property  than  is  needed  for  actual  construction  in  the  laying 
out,  widening,  extending  or  relocating  parks,  public  places,  high- 
ways or  streets;  provided,  however,  that  the  additional  land  and 
property  so  authorized  to  be  taken  shall  be  no  more  than  sufficient 
to  form  suitable  building  sites  abutting  on  such  park,  public 
place,  highway  or  street.   After  so  much  of  the  land  and  property 


670  JOUKNAL  OF  THE 

has  been  appropriated  for  such  park,  public  place,  highway  or 
street  as  is  needed  therefor,  the  remainder  may  be  sold  or  leased. 
The  legislature  may  also  authorize  cities,  for  the  establishment  of 
a  uniform  system  of  streets,  to  take  real  property  within  an  aban- 
doned street  or  highway  and  to  sell  and  lease  it. 

Section  8.  Every  citizen  may  freely  speak,  write  and  publish 
his  sentiments  on  all  subjects,  being  responsible  for  the  abuse  of 
that  right;  and  no  law  shall  be  passed  to  restrain  or  abridge  the 
liberty  of  speech  or  of  the  press.  In  all  criminal  prosecutions  or 
indictments  for  libels,  the  truth  may  be  given  in  evidence  to  the 
jury;  and  if  it  shall  appear  to  the  jury  that  the  matter  charged 
as  libelous  is  true,  and  was  published  with  good  motives  and  for 
justifiable  ends,  the  party  shall  be  acquitted;  and  the  jury  shall 
have  the  right  to  determine  the  law  and  the  fact. 

Section  9.  No  law  shall  be  passed  abridging  the  right  of  the 
people  peaceably  to  assemble  and  to  petition  the  government,  or 
any  department  thereof;  nor  shall  any  divorce  be  granted  other- 
wise than  by  due  judicial  proceedings;  nor  shall  any  lottery  or 
the  sale  of  lottery  tickets,  pool-selling,  book-making,  or  any  other 
kind  of  gambling  hereafter  be  authorized  or  allowed  within  this 
state;  and  the  legislature  shall  pass  appropriate  laws  to  prevent 
offenses  against  any  of  the  provisions  of  this  section. 

Section  10.  The  people  of  this  state,  in  their  right  of  sover- 
eignty, are  deemed  to  possess  the  original  and  ultimate  property 
in  and  to  all  lands  within  the  jurisdiction  of  the  state;  and  all 
lands  the  title  to  which  shall  fail,  from  a  defect  of  heirs,  shall 
revert,  or  escheat  to  the  people. 

Section  11.  All  feudal  tenures  of  every  description,  with  all 
their  incidents,  are  declared  to  be  abolished,  saving  however,  all 
rents  and  services  certain  which  at  any  time  heretofore  have  been 
lawfully  created  or  reserved. 

Section  12.  All  lands  within  this  state  are  declared  to  be 
allodial,  so  that,  subject  only  to  the  liability  to  escheat,  the  entire 
and  absolute  property  is  vested  in  the  owners,  according  to  the 
nature  of  their  respective  estates. 

Section  13.  No  lease  or  grant  of  agricultural  land,  for  a  longer 
period  than  twelve  years,  hereafter  made,  in  which  shall  be  re- 
served any  rent  or  service  of  any  kind,  shall  be  valid. 

Section  14.  All  fines,  quarter  sales,  or  other  like  restraints 
upon  alienation,  reserved  in  any  grant  of  land  hereafter  to  be 
made,  shall  be  void. 


CONSTITUTIONAL  CONVENTION  671 

Section  15.  No  purchase  or  contract  for  the  sale  of  lands  in 
this  state,  made  since  the  fourteenth  day  of  October,  one  thousand 
seven  hundred  and  seventy-five ;  or  which  may  hereafter  be  made, 
of,  or  with  the  Indians,  shall  be  valid  unless  made  under  the  au- 
thority, and  with  the  consent  of  the  legislature.  The  peace- 
makers' courts  of  the  Tonawanda  nation,  the  peacemakers'  courts 
and  surrogates'  courts  of  the  Seneca  nation  and  all  other  agencies 
of  the  Indian  tribes  and  nations  in  so  far  as  they  exercise  judicial 
functions  are  hereby  abolished,  and  their  jurisdiction  shall  vest  in 
the  courts  of  the  state.  All  actions  and  proceedings  now  pending 
in  such  courts  and  agencies  of  the  Indian  nations  and  tribes  shall 
be  transferred  for  determination  to  the  proper  courts  of  the  state. 
Except  as  otherwise  provided  by  the  treaties  of  this  state  and  the 
constitution,'  treaties  and  laws  of  the  United  States,  all  general 
laws  of  the  state,  now  or  hereafter  in  force,  shall  apply  to  all  In- 
dians within  the  state.  The  legislature  shall  provide  for  the  pre- 
servation of  the  judicial  records  of  the  Indian  tribes  and  nations. 

Section  16.  Such  parts  of  the  common  law,  and  of  the  acts  of 
the  legislature  of  the  colony  of  New  York,  as  together  did  form 
the  law  of  such  colony,  on  the  nineteenth  day  of  April,  one 
thousand  seven  hundred  and  seventy-five,  and  the  resolutions  of 
the  congress  of  such  colony,  and  of  the  convention  of  the 
state  of  New  York,  in  force  on  the  twentieth  day  of  April, 
one  thousand  seven  hundred  and  seventy-seven,  which  have  not 
since  expired,  or  been  repealed  or  altered;  and  such  acts  of  the 
legislature  of  this  state  as  are  now  in  force,  shall  be  and  con- 
tinue the  law  of  this  state,  subject  to  such  alterations  as  the 
legislature  shall  make  concerning  the  same.  But  all  such  parts 
of  the  common  law,  and  such  of  the  said  acts,  or  parts  thereof, 
as  are  repugnant  to  this  constitution,  are  hereby  abrogated. 

Section  17.  All  grants  of  land  within  this  state,  made  by  the 
king  of  Great  Britain,  or  persons  acting  under  his  authority, 
after  the  fourteenth  day  of  October,  one  thousand  seven  hundred 
and  seventy-five,  shall  be  null  and  void ;  but  nothing  contained  in 
this  constitution  shall  affect  any  grants  of  land  within  this  state, 
made  by  the  authority  of  the  said  king  or  his  predecessors,  or  shall 
annul  any  charters  to  bodies  politic  and  corporate,  by  him  or  them 
made,  before  that  day ;  or  shall  affect  any  such  grants  or  charters 
since  made  by  this  state,  or  by  persons  acting  under  its  authority ; 
or  shall  impair  the  obligation  of  any  debts  contracted  by  the  state, 


672  JOUKNTAL  OF  THE 

or  individuals,  or  bodies  corporate,  or  any  other  rights  of  prop- 
erty, or  any  suits,  actions,  rights  of  action,  or  other  proceedings 
in  courts  of  justice. 

Section  18.  Except  in  the  cases  provided  for  in  the  next  section, 
the  right  of  action  now  existing  to  recover  damages  for  injuries 
resulting  in  death  shall  never  be  abrogated  and  the  amount  re- 
coverable shall  not  be  subject  to  any  statutory  limitation. 

Section  19.  Nothing  contained  in  this  constitution  shall  be 
construed  to  limit  the  power  of  the  legislature  to  enact  laws  for 
the  protection  of  the  lives,  health  or  safety  of  employees;  or  for 
the  payment,  either  by  employers,  or  by  employers  and  employees 
or  otherwise,  either  directly  or  through  a  state  or  other  system  of 
insurance  or  otherwise,  of  compensation  for  injuries  to  or  occupa- 
tional diseases  of  employees  or  for  death  of  employees  resulting 
from  such  injuries  or  diseases  without  regard  to  fault  as  a  cause 
thereof,  except  where  the  injury  is  occasioned  by  the  wilful  inten- 
tion of  the  injured  employee  to  bring  about  the  injury  or  death  of 
himself  or  of  another,  or  where  the  injury  results  solely  from  the 
intoxication  of  the  injured  employee  while  on  duty ;  or  for  the  ad- 
justment, determination  and  settlement,  with  or  without -trial  by 
jury,  of  issues  which  may  arise  under  such  legislation;  or  pro- 
viding that  the  right  to  such  compensation,  and  the  remedy 
therefor  shall  be  exclusive  of  all  other  rights  and  remedies  for 
such  injuries  or  diseases  or  death.  But  all  moneys  paid  by  an 
employer,  by  reason  of  the  enactment  of  any  of  the  laws  herein 
authorized,  shall  be  deemed  a  part  of  the  cost  of  operating  the 
business  of  the  employer. 

AKTICLE   II. 

Section  1.  Every  male  citizen  of  the  age  of  twenty -one  years, 
who  shall  have  been  a  citizen  for  ninety  days,  and  an  inhabitant 
of  this  state  one  year  next  preceding  an  election,  and  for  the 
last  four  months  a  resident  of  the  county  and  for  the  last 
thirty  days  a  resident  of  the  election  district  in  which  he  may 
offer  his  vote,  shall  be  entitled  to  vote  at  such  election  in  the 
election  district  of  which  he  shall  at  the  time  be  a  resident,  and 
not  elsewhere,  for  all  officers  that  now  are  or  hereafter  may  be 
elective  by  the  people ;  and  upon  all  questions  which  may  be 
submitted  to  the  vote  of  the  people,  provided  that  in  time  of  war 
no  elector  in  the  actual  military  service  of  the  state,  or  of  the 
United  States,  in  the  army  or  navy  thereof,  shall  be  deprived  of 


CONSTITUTIONAL  CONVENTION  673 

his  vote  by  reason  of  his  absence  from  such  election  district ;  and 
the  legislature  shall  have  power  to  provide  the  manner  in  which 
and  the  time  and  place  at  which  such  absent  electors  may  vote, 
and  for  the  return  and  canvass  of  their  votes  in  the  election  dis- 
tricts in  which  they  respectively  reside. 

Section  2.  No  person  who  shall  receive,  accept,  or  offer  to  receive, 
or  pay,  offer  or  promise  to  pay,  contribute,  offer  or  promise  to 
contribute  to  another,  to  be  paid  or  used,  any  money  or  other 
valuable  thing  as  a  compensation  or  reward  for  the  giving  or 
withholding  a  vote  at  an  election,  or  who  shall  make  any  promise 
to  influence  the  giving  or  withholding  any  such  vote,  or  who  shall 
make  or  become  directly  or  indirectly  interested  in  any  bet 
or  wager  depending  upon  the  result  of  any  election,  shall  vote  at 
such  election;  and  upon  challenge  for  such  cause,  the  person  so 
challenged,  before  the  officers  authorized  for  that  purpose  shall 
receive  his  vote,  shall  swear  or  affirm  before  such  officers  that  he 
has  not  received  or  offered,  does  not  expect  to  receive,  has  not 
paid,  offered  or  promised  to  pay,  contributed,  offered  or  promised 
to  contribute  to  another,  to  be  paid  or  used,  any  money  or  other 
valuable  thing  as  a  compensation  or  reward  for  the  giving  or 
withholding  a  vote  at  such  election,  and  has  not  made  any  promise 
to  influence  the  giving  or  withholding  of  any  such  vote,  nor  made 
or  become  directly  or  indirectly  interested  in  any  bet  or  wager 
depending  upon  the  result  of  such  election.  The  legislature  shall 
enact  laws  excluding  from  the  right  of  suffrage  all  persons  con- 
victed of  bribery  or  of  any  infamous  crime. 

Section  3.  For  the  purpose  of  voting,  no  person  shall  be  deemed 
to  have  gained  or  lost  a  residence,  by  reason  of  his  presence  or 
absence,  while  employed  in  the  service  of  the  United  States ;  nor 
while  engaged  in  the  navigation  of  the  waters  of  this  state,  or  of 
the  United  States,  or  of  the  high  seas ;  nor  while  a  student  of  any 
seminary  of  learning ;  nor  while  kept  at  any  alms-house,  or  other 
asylum,  or  institution  wholly  or  partly  supported  at  public  ex- 
pense, or  by  charity;  nor  while  confined  in  any  public  prison. 

Section  4.  Laws  shall  be  made  for  the  regulation  of  elections 
and  for  ascertaining  by  proper  proofs  the  electors  who  shall  be 
entitled  to  the  right  of  suffrage  hereby  established  and  for  their 
annual  registration,  which  shall  be  completed  at  least  fifteen  days 
before  each  general  election.  Such  registration  shall  not  be  re- 
quired for  town  and  village  elections  except  by  express  provision 

43 


674  JOURNAL  OF  THE 

of  law.  In  cities  and  villages  having  five  thousand  inhabitants 
or  more,  according  to  the  last  preceding  federal  or  state  census  or 
enumeration,  electors  shall  be  registered  upon  personal  application 
only.  Laws  may  be  made  providing  for  special  registration 
therein  on  personal  application  before  such  boards  or  officers  as 
the  legislature  shall  designate,  on  a  day  or  days  not  more  than 
Hve  months  prior  to  the  day  of  election,  of  such  electors  as  shall 
then  declare  under  oath  that  they  are  engaged  in  a  regular  voca- 
tion or  occupation  which  will  occasion  their  absence  from  the 
county  during  each  of  the  regular  days  of  registration.  Such  laws 
shall  require  electors  so  specially  registered  to  establish,  on  the 
first  regular  day  of  registration,  their  continued  right  to  vote  in 
the  election  district  for  which  they  were  registered  but  shall  not 
require  further  personal  appearance.  Electors  not  residing  in 
such  cities  or  villages  shall  not  be  required  to  apply  in  person  for 
registration  at  the  first  meeting  of  the  officers  having  charge  of 
the  registry  of  electors. 

Section  5.  All  elections  by  the  citizens,  except  for  such  town 
officers  as  may  by  law  be  directed  to  be  otherwise  chosen,  shall  be 
by  ballot,  or  by  such  other  method  as  may  be  prescribed  by  law, 
provided  that  secrecy  in  voting  be  preserved. 

•Section  6.  All  laws  creating,  regulating  or  affecting  boards  or 
officers  charged  with  the  duty  of  registering  electors,  or  of  distribut- 
ing ballots  at  the  polls  to  electors,  or  of  receiving,  recording  or 
counting  votes  at  elections,  shall  secure  equal  representation  of 
the  two  political  parties  which,  at  the  general  election  next  preced- 
ing that  for  which  such  boards  or  officers  are  to  serve,  cast  the 
highest  and  the  next  highest  number  of  votes.  All  such  boards 
and  officers  shall  be  appointed  or  elected  in  such  manner,  and 
upon  the  nomination  of  such  representatives  of  such  parties  re- 
spectively, as  the  legislature  may  direct.  Existing  laws  on  this 
subject  shall  continue  until  the  legislature  shall  otherwise  pro- 
vide. This  section  shall  not  apply  to  town  meetings  or  to  vil- 
lage elections. 

ARTICLE  III. 

Section  1.  The  legislative  power  of  this  state  shall  be  vested 
in  the  senate  and  assembly. 

Section  2.  The  senate  shall  consist  of  fifty  members  except  as 
hereinafter  provided.  They  shall  be  chosen  for  two  years.  The 
assembly  shall  consist  of  one  hundred  and  fifty  members,  who  shall 
be  chosen  for  one  year. 


CONSTITUTIONAL  CONVENTION  675 

Section  3.  The  state  shall  be  divided  into  fifty  districts  to  be 
called  senate  districts,  each  of  which  shall  choose  one  senator.  The 
districts  shall  be  numbered  from  one  to  fifty,  inclusive.  The 
senate  districts  shall  remain  as  at  present  constituted  until  altered 
as  hereinafter  provided. 

Section  4.  Such  senate  districts  shall  be  so  altered  by  the  legis- 
lature at  the  first  regular  session  after  the  return  of  and  based 
upon  the  state  enumeration  taken  in  the  year  one  thousand  nine 
hundred  and  fifteen  and  shall  remain  unaltered  until  altered  as 
hereinafter  provided.  At  the  regular  session  of  the  legislature  in 
the  year  after  the  tabulation  of  each  federal  census  the  senate  dis- 
tricts shall  be  altered  by  the  legislature.  Senate  districts  altered 
as  herein  provided  shall  remain  unaltered  until  the  time  herein 
appointed  for  another  alteration.  Provided,  however,  that  if  a 
federal  census  shall  not  be  available  for  any  such  alteration  the 
same  shall  be  based  upon  an  enumeration  of  the  inhabitants  of  the 
state,  excluding  aliens,  and  the  legislature  shall  provide  for  such 
an  enumeration  for  that  purpose.  In  making  such  alterations  the 
legislature  shall  so  provide  that  each  senate  district  shall  contain 
as  nearly  as  may  be  an  equal  number  of  inhabitants,  excluding 
aliens,  and  be  in  as  compact  form  as  practicable  and  shall,  at  all 
times,  consist  of  contiguous  territory,  and  no  county  shall  be  di- 
vided in  the  formation  of  a  senate  district  except  to  make  two,  or 
more,  senate  districts  wholly  in  such  county. 

No  town  and  no  block  in  a  city  inclosed  by  streets  or  public 
ways  shall  be  divided  in  the  formation  of  senate  districts;  nor 
shall  any  district  contain  a  greater  excess  in  population  over  an 
adjoining  district  in  the  same  county  than  the  population  of  a 
town  or  block  therein  adjoining  such  district.  Counties,  towns  or 
blocks  which,  from  their  location,  may  be  included  in  either  of  two 
districts,  shall  be  so  placed  as  to  make  such  districts  most  nearly 
equal  in  number  of  inhabitants,  excluding  aliens.  No  county  shall 
have  four  or  more  senators  unless  it  shall  have  a  full  ratio  for 
each  senator.  No  county  shall  have  more  than  one-third  of  all  the 
senators;  and  no  two  counties  or  the  territory  thereof  as  or- 
ganized on  the  first  day  of  January,  one  thousand  eight  hundred 
and  ninety-five,  which  are  adjoining  counties  or  which  are  sepa- 
rated only  by  public  waters  shall  have  more  than  one-half  of  all 
the  senators.  The  ratio  for  apportioning  senators  shall  always  be 
obtained  by  dividing  the  number  of  inhabitants,  excluding  aliens, 


G76  JOURNAL  OF  THE 

by  fifty  and  the  senate  shall  always  be  composed  of  fifty  mem- 
bers, except  that  if  any  county  having  three  or  more  senators 
at  the  time  of  any  apportionment  shall  be  entitled  on  such 
ratio  to  an  additional  senator  or  senators,  such  additional  sena- 
tor or  senators  shall  be  given  to  such  county  in  addition  to  the 
fifty  senators,  and  the  whole  number  of  senators  shall  be  increased 
to  that  extent. 

Section  5.  The  members  of  the  assembly  shall  be  chosen  by 
single  districts  and  shall  be  apportioned  by  the  legislature  at  the 
first  regular  session  after  the  return  of  the  state  enumeration  taken 
in  the  year  one  thousand  nine  hundred  and  fifteen  among  the 
several  counties  of  the  state.  At  the  regular  session  of  the  legisla- 
ture in  each  year  in  which  senate  districts  shall  be  altered  such 
members  of  the  assembly  shall  again  be  apportioned  by  the  legis- 
lature. Apportionments  of  members  of  assembly  shall  remain  un- 
altered until  the  time  herein  appointed  for  another  apportionment 
thereof.  Every  apportionment  of  members  among  the  several 
counties  of  the  state  shall  be  as  nearly  as  may  be  according  to  the 
number  of  their  respective  inhabitants,  excluding  aliens. 

Every  county  heretofore  established  and  separately  organized, 
except  the  county  of  Hamilton,  shall  always  be  entitled  to  one 
member  of  assembly,  and  no  county  shall  hereafter  be  erected 
unless  its  population  shall  entitle  it  to  a  member.  The  county  of 
Hamilton  shall  elect  with  the  county  of  Eulton  until  the  popula- 
tion of  the  county  of  Hamilton  shall,  according  to  the  ratio,  en- 
title it  to  a  member. 

The  quotient  obtained  by  dividing  the  whole  number  of  in- 
habitants of  the  state,  excluding  aliens,  by  the  number  of  members 
of  assembly,  shall  be  the  ratio  for  apportionment  which  shall  be 
made  as  follows :  one  member  of  assembly  shall  be  apportioned  to 
every  county,  including  Eulton  and  Hamilton  as  one  county, 
containing  less  than  the  ratio  and  one-half  over.  Two  members 
shall  be  apportioned  to  every  other  county.  The  remaining  mem- 
bers of  assembly  shall  be  apportioned  to  the  counties  having  more 
than  two  ratios  according  to  the  number  of  inhabitants,  excluding 
aliens.  Members  apportioned  on  remainders  shall  be  apportioned 
to  the  counties  having  the  highest  remainders  in  the  order  thereof 
respectively.  No  county  shall  have  more  members  of  assembly 
than  a  county  having  a  greater  number  of  inhabitants,  excluding 
aliens. 

In  any  county  entitled  to  more  than  one  member,  the  board  of 
supervisors  or  if  there  be  none,  the  board  or  body  exercising 
similar  functions,  and  in  any  city  embracing  an  entire  county,  or 


CONSTITUTIONAL  CONVENTION  677 

more  than  one  county,  and  having  no  board  of  supervisors,  the 
members  elected  from  each  county  to  the  board  of  aldermen  or 
if  there  be  none,  the  body  most  nearly  exercising  the  powers  of  a 
board  of  aldermen  shall  assemble  on  the  second  Tuesday  of  June, 
one  thousand  nine  hundred  and  sixteen,  and  at  such  other  times 
as  the  legislature  thereafter  making  an  apportionment,  as  herein- 
after provided,  shall  prescribe,  and  divide  each  county  into 
assembly  districts  as  nearly  equal  in  number  of  inhabitants,  ex- 
cluding aliens,  as  may  be,  of  convenient  and  contiguous  territory 
in  as  compact  form  as  practicable,  each  of  which  shall  be  wholly 
within  a  senate  district  formed  under  the  same  apportionment, 
equal  to  the  number  of  members  of  assembly  to  which  such  county 
shall  be  entitled,  and  shall  cause  to  be  filed  in  the  office  of  the 
secretary  of  state  and  of  the  clerk  of  such  county,  a  description 
of  such  districts,  specifying  the  number  of  each  district  and  of 
the  inhabitants  thereof,  excluding  aliens,  according  to  the  last 
preceding  state  enumeration,  or  if  no  state  enumeration  shall 
have  been  taken  within  a  period  of  five  years  prior  to  such  appor- 
tionment, then  according  to  the  preceding  federal  census;  and 
such  apportionment  and  districts  shall  remain  unaltered  until 
another  federal  census  shall  be  made.  In  counties  having  more 
than  one  senate  district,  the  same  number  of  assembly  districts 
shall  be  put  in  each  senate  district,  unless  the  assembly  districts 
cannot  be  evenly  divided  among  the  senate  districts  of  any  county, 
in  which  case  one  more  assembly  district  shall  be  put  in  the 
senate  district  in  such  county  having  the  largest,  or  one  less 
assembly  district  shall  be  put  in  the  senate  district  in  such  county 
having  the  smallest  number  of  inhabitants,  excluding  aliens,  as 
the  case  may  require.  No  town,  and  no  block  in  a  city  inclosed  by 
streets  or  public  ways,  shall  be  divided  in  the  formation  of 
assembly  districts,  nor  shall  any  district  contain  a  greater  excess 
in  population  over  an  adjoining  district  in  the  same  senate 
district  than  the  population  of  a  town  or  block  therein  adjoining 
such  assembly  district.  Towns  or  blocks  which  from  their  loca- 
tion may  be  included  in  either  of  two  assembly  districts  shall  be 
so  placed  as  to  make  such  assembly  districts  most  nearly  equal  in 
number  of  inhabitants,  excluding  aliens.  But  in  the  division  of 
cities  except  cities  of  the  first  class  under  the  first  apportionment, 
regard  shall  be  had  to  the  number  of  inhabitants,  excluding 
aliens,  of  the  election  districts  according  to  the  state  enumeration 
of  one  thousand  nine  hundred  and  fifteen,  so  far  as  may  be,  in- 
stead of  blocks.    Nothing  in  this  section  shall  prevent  the  clivision. 


678  JOURNAL  OF  THE 

at  any  time  of  counties  and  towns  and  the  erection  of  new  counties 
and  towns  by  the  legislature.  Assembly  districts  as  at  present  con- 
stituted shall  remain  unaltered  until  altered  as  herein  provided. 

An  apportionment  by  the  legislature  or  other  body  shall  be 
subject  to  review  by  the  supreme  court  at  the  suit  of  any  citizen, 
under  such  reasonable  regulations  as  the  legislature  may  pre- 
scribe; and  any  court  before  which  a  cause  may  be  pending  in- 
volving an  apportionment  shall  give  precedence  thereto  over  all 
other  causes  and  proceedings,  and  if  such  court  be  not  in  session 
it  shall  convene  promptly  for  the  disposition  of  the  same. 

Section  6.  The  elections  of  senators  and  members  of  assembly, 
pursuant  to  the  provisions  of  this  constitution,  shall  be  held  on 
the  Tuesday  succeeding  the  first  Monday  of  November,  unless 
otherwise  directed  by  the  legislature. 

Section  7.  '  The  political  year  and  legislative  term  shall  begin 
on  the  first  day  of  January ;  and  the  legislature  shall,  every  year, 
assemble  on  the  first  Wednesday  in  January. 

Section  8.  Each  member  of  the  legislature  shall  receive  for  his 
services  an  annual  salary  of  two  thousand  five  hundred  dollars. 
The  members  of  each  house  shall  also  receive  the  railroad  fare  ac- 
tually paid  in  going  to  and  returning  from  their  place  of  meeting 
on  the  most  usual  route,  but  not  of  tener  than  once  each  week  during 
any  session  of  the  legislature.  Such  railroad  fare  shall  be  repaid 
only  on  the  verified  voucher  of  the  member  entitled  thereto  after 
audit  by  the  comptroller.  Senators,  when  the  senate  alone  is 
convened  in  extraordinary  session,  or  when  serving  as  members 
of  the  court  for  the  trial  of  impeachments,  and  such  members  of 
the  assembly,  not  exceeding  nine  in  number,  as  shall  be  appointed 
managers  of  an  impeachment,  shall  receive  an  additional  allow- 
ance of  ten  dollars  a  day. 

Section  9.  A  majority  of  the  members  elected  to  each  house 
shall  constitute  a  quorum  to  do  business.  Each  house  shall  de- 
termine the  rules  of  its  own  proceedings  and  be  the  judge  of  the 
elections,  returns  and  qualifications  of  its  own  members  and  shall 
choose  its  own  officers.  The  senate  shall  choose  a  temporary 
president.  The  assembly  shall  choose  a  speaker.  If  the  lieutenant- 
governor  become  governor,  the  temporary  president  shall  become 
lieutenant-governor  for  the  remainder  of  the  term.  If  the  lieu- 
tenant-governor be  impeached  or  be  unable  to  discharge  the  duties 
of  the  office  or  be  acting  governor,  the  temporary  president  shall 


CONSTITUTIONAL  CONVENTION  679 

act  as  lieutenant-governor  during  such  impeachment  or  inability  or 
while  the  lieutenant-governor  is  acting  governor.  If  the  lieutenant- 
governor  refuse  to  act  as  president  or  be  absent  from  the  chair, 
the  temporary  president  shall  preside.  If  the  speaker  of  the  as 
sembly  be  unable  to  perform  the  duties  of  the  office  or  be  acting 
governor,  the  assembly  may  choose  a  temporary  speaker  who  shall 
act  as  speaker  during  such  inability  or  while  the  speaker  is  acting 
governor  or  until  a  speaker  is  chosen. 

Section  10.  The  legislature  of  its  own  motion,  in  the  man- 
ner to  be  provided  by  joint  rule  which  shall  continue  in  force 
until  abrogated  or  amended  by  both  the  senate  and  the  assembly, 
may  convene  to  take  action  in  the  matter  of  removal  of  a.  judge  of 
the  court  of  appeals  or  justice  of  the  supreme  court.  The  assem- 
bly of  its  own  motion,  in  the  manner  to  be  provided  by  rule  which 
shall  continue  in  force  until  abrogated  or  amended  by  the  assem- 
bly, may  convene  for  the  purposes  of  impeachment.  At  a  meet- 
ing under  this  section  no  subject  shall  be  acted  upon  except  that 
for  which  the  meeting  is  herein  authorized  to  be  held. 

Section  11.  If  any  person  shall,  after  his  election  as  a  member 
of  the  legislature,  be  elected  to  congress,  or  appointed  to  any  office, 
civil  or  military,  under  the  government  of  the  United  States,  or 
under  any  city  government,  his  acceptance  thereof  shall  vacate 
his  seat. 

Section  12.  Each  house  shall  keep  a  journal  of  its  proceedings 
and  a  record  of  its  debates  and  promptly  publish  the  same  from 
day  to  day,  except  such  parts  as  may  require  secrecy.  The  doors 
of  each  house  shall  be  kept  open,  except  when  the  public  welfare 
shall  require  secrecy.  Neither  house  shall,  without  the  consent 
of  the  other,  adjourn  for  more  than  two  days. 

Section  13.  For  any  speech  or  debate  in  either  house  of  the 
legislature,  the  members  shall  not  be  questioned  in  any  other  place. 

Section  14.  Any  bill  may  originate  in  either  house  of  the  legis- 
lature, and  all  bills  passed  by  one  house  may  be  amended  by  the 
other. 

Section  15.  The  enacting  clause  of  all  bills  shall  be  "  The 
People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows :"  and  no  law  shall  be  enacted  except 
by  bill. 

Section  16.  No  bill  shall  be  passed  or  become  a  law  unless  it 
shall  have  been  printed  and  upon  the  desks  of  the  members,  in  its 
final  form,  at  least  three  calendar  legislative  days  prior  to  its  final 


680  JOUKNAL  OF  THE 

passage.  ^NTo  bill  shall  be  passed  or  become  a  law,  except  by  the 
assent  of  a  majority  of  the  members  elected  to  each  branch  of  the 
legislature.  Immediately  after  the  last  reading  of  a  bill  the 
question  upon  its  final  passage  shall  be  taken  and  the  yeas  and 
nays  entered  on  the  journal. 

Section  17.  No  private  or  local  bill,  which  may  be  passed  by  the 
legislature,  shall  embrace  more  than  one  subject,  and  that  shall 
be  expressed  in  the  title. 

Section  18.  ~No  act  shall  be  passed  which  shall  provide  that  any 
existing  law,  or  any  part  thereof,  shall  be  made  or  deemed  a  part 
of  such  act,  or  which  shall  enact  that  any  existing  law,  or  part 
thereof,  shall  be  applicable,  except  by  inserting  it  in  such  act. 

Section  19.  The  legislature  shall  not  pass  a  private  or  local 
bill  in  any  of  the  following  cases: 

Changing  the  names  of  persons; 

Laying  out,  opening,  altering,  working  or  discontinuing  roads, 
highways  or  alleys,  or  for  draining  swamps  or  other  low  lands; 

Locating  or  changing  county  seats; 

Providing  for  changes  of  venue  in  civil  or  criminal  cases ; 

Incorporating  villages ; 

Providing  for  election  of  members  of  boards  of  supervisors ; 

Selecting,  drawing,  summoning  or  empaneling  grand  or  petit 
jurors; 

Kegulating  the  rate  of  interest  on  money; 

The  opening  and  conducting  of  elections  or  designating  places 
of  voting; 

Creating,  increasing  or  decreasing  fees,  percentage  or  allow- 
ances of  public  officers,  during  the  term  for  which  such  officers 
are  elected  or  appointed; 

Granting  to  any  corporation,  association  or  individual  the  right 
to  prove  a  claim  against  the  state  or  against  any  civil  division 
thereof ; 

Authorizing  any  civil  division  of  the  state  to  allow  or  pay 
any  claim  or  account ; 

Granting  to  any  corporation,  association  Or  individual  the  right 
to  lay  down  railroad  tracks ; 

Granting  to  any  private  corporation,  association  or  individual 
any  exclusive  privilege,  immunity  or  franchise  whatever; 

Granting  to  any  person,  association,  firm  or  corporation  an  ex- 
emption from  taxation  on  real  or  personal  property; 


CONSTITUTIONAL  CONVENTION  681 

Providing  for  building  bridges,  and  chartering  companies  for 
such  purposes,  except  on  the  Hudson  river  below  Waterford,  and 
on  the  East  river,  or  over  the  waters  forming  a  part  of  the  bound- 
aries of  the  state. 

The  legislature  shall  pass  general  laws  providing  for  the  cases 
enumerated  in  this  section,  and  for  all  other  cases  which  in  its 
judgment,  may  be  provided  for  by  general  laws.  But  no  law 
shall  authorize  the  construction  or  operation  of  a  street  railroad 
except  upon  the  condition  that  the  consent  of  the  owners  of  one- 
half  in  value  of  the  property  bounded  on,  and  the  consent  also  of 
the  local  authorities  having  the  control  of  that  portion  of  a  street 
or  highway  upon  which  it  is  proposed  to  construct  or  operate  such 
railroad  be  first  obtained,  or  in  case  the  consent  of  such  property 
owners  cannot  be  obtained,  the  appellate  division  of  the  supreme 
court,  in  the  department  in  which  it  is  proposed  to  be  constructed, 
may,  upon  application,  appoint  three  commissioners  who  shall  de- 
termine, after  a  hearing  of  all  parties  interested,  whether  such 
railroad  ought  to  be  constructed  or  operated,  and  their  determi- 
nation, confirmed  by  the  court,  may  be  taken  in  lieu  of  the  con- 
sent of  the  property  owners. 

Section  20.  The  legislature  shall  neither  audit  nor  allow  any 
private  claim  or  account  against  the  state  or  against  any  civil 
division  thereof,  but  may  appropriate  money  to  pay  such  claims 
and  accounts  against  the  state  as  shall  have  been  audited  and 
allowed  according  to  law. 

Section  21.  The  assent  of  two-thirds  of  the  members  elected 
to  each  branch  of  the  legislature  shall  be  requisite  to  every  bill 
appropriating  the  public  moneys  or  property  for  local  or  private 
purposes. 

No  public  moneys  or  property  shall  be  appropriated  for 
the  construction  or  improvement  of  any  building,  bridge, 
highway,  dike,  canal,  feeder,  waterway  or  other  work  until  plans 
and  estimates  of  the  cost  of  such  work  shall  have  been  filed  with 
the  secretary  of  state  by  the  superintendent  of  public  works, 
together  with  a  certificate  by  him  as  to  whether  or  not  in  his 
judgment  the  general  interests  of  the  state  then  require  that  such 
improvement  be  made  at  state  expense.  This  section  shall  not 
apply  to  the  contributions  of  the  state  to  the  cost  of  eliminating 
grade  crossings  or  to  items  in  the  budget  for  the  construction  of 
highways  from  the  proceeds  of  bonds  authorized  under  section 
four  of  article  nine  of  this  constitution  or  section  four  of  former 


682  JOURNAL  OF  THE 

article  seven  thereof  as  in  force  on  the  first  day  of  January,  one 
thousand  nine  hundred  and  ten. 

Section  22.  No  money  shall  ever  be  paid  out  of  the  treasury  of 
this  state  or  any  of  its  funds,  or  any  of  the  funds  under  its  manage- 
ment, except  in  pursuance  of  an  appropriation  by  law ;  nor  unless 
such  payment  be  made  not  later  than  three  months  after  the  close 
of  the  fiscal  year  next  succeeding  that  in  which  such  appropriation 
was  made ;  and  every  such  law  making  a  new  appropriation  or  con- 
tinuing or  reviving  an  appropriation,  shall  distinctly  specify  the 
sum  appropriated,  and  the  object  to  which  it  is  to  be  applied ;  and 
it  shall  not  be  sufficient  for  such  law  to  refer  to  any  other  law  to 
fix  such  sum.  Appropriations  made  by  the  legislature  in  the  year 
one  thousand  nine  hundred  and  sixteen  shall  be  made  for  a  period 
ending  the  thirtieth  day  of  June,  one  thousand  nine  hundred  and 
seventeen,  and  thereafter  the  fiscal  year  of  the  state  shall  end 
on  the  thirtieth  day  of  June  of  each  year,  unless  otherwise  pro- 
vided by  law. 

Section  23.  No  provision  or  enactment  shall  be  embraced  in  the 
annual  appropriation  or  supply  bill,  unless  it  relates  specifically 
to  some  particular  appropriation  in  the  bill;  and  any  such  pro- 
vision or  enactment  shall  be  limited  in  its  operation  to  such  ap- 
propriation. 

Section  24.  Every  law  which  imposes,  continues  or  revives  a 
tax  shall  distinctly  state  the  tax  and  the  object  to  which  it  is  to  be 
applied,  and  it  shall  not  be  sufficient  to  refer  to  any  other  law  to 
fix  such  tax  or  object. 

Section  25.  There  shall  be  in  each  county,  except  in  a  county 
wholly  included  in  a  city,  a  board  of  supervisors,  to  be  composed 
of  such  members  and  elected  in  such  manner  and  for  such  period 
as  is  or  may  be  provided  by  law.  In  a  city  which  includes  an 
entire  county,  or  two  or  more  entire  counties,  the  powers  and 
duties  of  a  board  of  supervisors  may  be  devolved  upon  the  munic- 
ipal assembly,  common  council,  board  of  aldermen  or  other  legis- 
lative body  of  the  city.  Provided,  however,  that  the  legislature, 
by  general  laws,  may  establish  different  forms  of  government  for 
counties  not  wholly  included  in  a  city,  any  such  form  of  govern- 
ment to  become  effective  in  any  county  only  when  approved  by  the 
electors  thereof  in  such  manner  as  the  legislature  may  prescribe. 

No  local  or  special  law  relating  to  a  county  or  counties  except 
to  a  county  or  counties  wholly  included  within  a  city  shall  be 
enacted  except  upon  request,  by  resolution,  of  the  governing  body 
of  the  county  or  counties  to  be  affected. 


CONSTITUTIONAL  CONVENTION  683 

Section  26.  The  legislature  shall,  by  general  laws,  confer  upon 
the  boards  of  supervisors,  or  other  governing  bodies,  of  the  several 
counties  of  the  state  such  further  powers  of  local  legislation  and 
administration  as  the  legislature  may,  from  time  to  time,  deem 
expedient.  In  counties  which  now  have,  or  may  hereafter  have, 
county  auditors  or  other  fiscal  officers,  authorized  to  audit  bills, 
accounts,  charges,  claims  or  demands  against  the  county,  the 
legislature  may  confer  such  powers  upon  such  auditors,  or  fiscal 
officers,  as  the  legislature  may,  from  time  to  time,  deem  expedient. 
The  legislature  may  confer  upon  any  elective  or  appointive 
county  officer  or  officers  any  of  the  powers  and  duties  now  exer- 
cised by  the  towns  of  any  county  or  the  officer  or  officers  thereof 
relating  to  highways,  public  safety  and  the  care  of  the  poor. 

Section  27.  No  extra  compensation  shall  be  granted  or  allowed 
to  any  public  officer,  servant,  agent  or  contractor,  by  the  state  or 
any  civil  division  thereof  or  by  any  board,  officer  or  other  agency 
of  the  state,  or  of  any  such  civil  division. 

Section  28.  The  legislature  shall,  by  law,  provide  for  the  occu- 
pation and  employment  of  prisoners  sentenced  to  the  several  state 
prisons,  penitentiaries,  jails  and  reformatories  in  the  state ;  and  on 
and  after  the  first  day  of  January,  in  the  year  one  thousand  eight 
hundred  and  ninety-seven,  no  person  in  any  such  prison,  peniten- 
tiary, jail  or  reformatory,  shall  be  required  or  allowed  to  work 
while  under  sentence  thereto  at  any  trade,  industry  or  occupa- 
tion wherein  or  whereby  his  work,  or  the  product  or  profit  of 
his  work,  shall  be  farmed  out,  contracted,  given  or  sold  to 
any  person,  firm,  association  or  corporation.  This  section  shall  not 
be  construed  to  prevent  the  legislature  from  providing  that  con- 
victs may  work  for,  and  that  the  products  of  their  labor  may  be 
disposed  of  to,  the  state  or  any  civil  division  thereof,  or  for  or 
to  any  public  institution  owned  or  managed  and  controlled  by 
the  state,  or  any  civil  division  thereof. 

Section  29.  The  legislature  shall  have  the  power  to  regulate 
or  prohibit  manufacturing  in  tenement  houses. 

ARTICLE  IV. 

Section  1.  The  executive  power  shall  be  vested  in  a  gov- 
ernor, who  shall  hold  his  office  for  two  years.  A  lieutenant-gov- 
ernor shall  be  chosen  at  the  same  time  and  for  the  same  term. 
The  governor  shall  receive  for  his  services  an  annual  salary  of 
ten  thousand  dollars  until  the  first  day  of  January,  one  thousand 


684  JOURNAL  OF  THE 

nine  hundred  and  seventeen,  after  which  he  shall  receive  for  his 
services  an  annual  salary  of  twenty  thousand  dollars.  There  shall 
be  provided  for  his  use  a  suitable  and  furnished  executive 
residence. 

Section  2.  Xo  person  shall  be  eligible  to  the  office  of  governor  or 
lieutenant-governor,  except  a  citizen  of  the  United  States,  of 
the  age  of  not  less  than  thirty  years,  and  who  shall  have  been  five 
years  next  preceding  his  election  a  resident  of  this  state. 

Section  3.  The  governor  and  lieutenant-governor  shall  be 
elected  at  the  times  and  places  of  choosing  members  of  the  assem- 
bly. The  persons  respectively  having  the  highest  number  of  votes 
for  governor  and  lieutenant-governor  shall  be  elected;  but  in 
case  two  or  more  shall  have  an  equal  and  the  highest  number  of 
votes  for  governor,  or  for  lieutenant-governor,  the  two  houses 
of  the  legislature  at  its  next  annual  session  shall  forthwith,  by 
joint  ballot,  choose  one  of  such  persons  so  having  an  equal  and 
the  highest  number  of  votes  for  governor  or  lieutenant-governor. 

Section  4.  The  governor  shall  be  commander-in-chief  of  the 
military  and  naval  forces  of  the  state.  He  shall  have  power  to 
convene  the  legislature,  or  the  senate  only,  on  extraordinary 
occasions.  At  extraordinary  sessions  no  subject  shall  be  acted 
upon,  except  such  as  the  governor  may  recommend  for  consider- 
ation. He  shall  communicate  by  message  to  the  legislature  at 
every  session  the  condition  of  the  state,  and  recommend  such 
matters  to  it  as  he  shall  judge  expedient.  He  shall  transact  all 
necessary  business  with  the  officers  of  government,  civil  and  mili- 
tary. He  shall  expedite  all  such  measures  as  may  be  resolved 
upon  by  the  legislature,  and  shall  take  care  that  the  laws  are 
faithfully  executed. 

Section  5.  The  governor  shall  have  the  power  to  grant  reprieves, 
commutations  and  pardons  after  conviction,  for  all  offenses  except 
treason  and  cases  of  impeachment,  upon  such  conditions  and  with 
such  restrictions  and  limitations,  as  he  may  think  proper,  subject 
to  such  regulations  as  may  be  provided  by  law  relative  to  the 
manner  of  applying  for  pardons.  Upon  conviction  for  treason, 
he  shall  have  power  to  suspend  the  execution  of  the  sentence,  until 
the  case  shall  be  reported  to  the  legislature  at  its  next  meeting, 
when  the  legislature  shall  either  pardon,  or  commute  the  sentence, 
direct  the  execution  of  the  sentence,  or  grant  a  further  reprieve. 
He  shall  annually  communicate  to  the  legislature  each  case  of 
reprieve,  commutation  or  pardon  granted,  stating  the  name  of 


CONSTITUTIONAL  CONVENTION  685 

the  convict,  the  crime  of  which  he  was  convicted,  the  sentence  and 
its  date,  and  the  date  of  the  commutation,  pardon  or  reprieve. 

Section  6.  If  the  office  of  governor  be  vacant  the  lieutenant- 
governor  shall  become  governor  for  the  remainder  of  the  term.  If 
the  governor  be  under  impeachment  or  be  unable  to  discharge  the 
powers  and  duties  of  the  office  or  be  absent  from  the  state  the 
lieutenant-governor  shall  act  as  governor  during  such  inability, 
absence  or  the  pendency  of  such  impeachment.  But  when  the 
governor  shall,  with  the  consent  of  the  legislature,  be  out  of  the 
state,  in  time  of  war,  at  the  head  of  a  military  force  thereof,  he 
shall  continue  commander-in-chief  of  all  the  military  force  of 
the  state. 

Section  7.  The  lieutenant-governor  shall  possess  the  same  quali- 
fications of  eligibility  for  office  as  the  governor.  He  shall  be 
president  of  the  senate,  but  shall  have  only  a  casting  vote  therein. 
If  the  office  of  governor  be  vacant  and  there  be  no  lieutenant- 
governor,  such  vacancy  shall  be  filled  for  the  remainder  of  the  term 
at  the  next  general  election  happening  not  less  than  three  months 
after  such  vacancy  occurs ;  and  in  any  such  case,  until  the  vacancy 
be  filled  by  election,  the  temporary  president  of  the  senate,  or  if 
there  be  none,  the  speaker  of  the  assembly  shall  become  governor 
until  the  first  day  of  the  political  year  next  succeeding  the  elec- 
tion at  which  the  office  of  governor  shall  be  filled.  If  the  office  of 
governor  be  vacant  and  the  lieutenant-governor  be  under  impeach- 
ment, or  unable  to  discharge  the  powers  and  duties  of  the  office  of 
governor  or  be  absent  from  the  state,  the  temporary  president  of 
the  senate  shall  act  as  governor  during  such  inability,  absence  or 
the  pendency  of  such  impeachment.  If  the  temporary  president 
of  the  senate  be  unable  to  discharge  the  powers  and  duties  of  the 
office  of  governor  or  be  absent  from  the  state  the  speaker  of  the 
assembly  shall  act  as  governor  during  such  inability  or  absence. 

Section  8.  The  lieutenant-governor  shall  receive  for  his  serv- 
ices an  annual  salary  of  five  thousand  dollars,  and  shall  not  re- 
ceive or  be  entitled  to  any  other  compensation,  fee  or  perquisite, 
for  any  duty  or  service  he  may  be  required  to  perform  by  the 
constitution  or  by  law. 

Section  9.  Every  bill  which  shall  have  passed  the  senate  and 
assembly  shall,  before  it  becomes  a  law,  be  presented  to  the  gov- 
ernor ;  if  he  approve,  he  shall  sign  it ;  but  if  not,  he  shall  return 
it  with  Jus  objections  to  the  house  in  which  it  shall  have  originated, 


68G  JOURNAL  OF  THE 

which  shall  enter  the  objections  at  large  on  the  journal,  and  pro- 
ceed to  reconsider  it.  If  after  such  reconsideration,  two-thirds 
of  the  members  elected  to  that  house  shall  agree  to  pass  the  bill, 
it  shall  be  sent  together  with  the  objections  to  the  other  house  by 
which  it  shall  likewise  be  reconsidered;  and  if  approved  by  two- 
thirds  of  the  members  elected  to  that  house,  it  shall  become  a  law 
notwithstanding  the  objections  of  the  governor.  In  all  such  cases, 
the  votes  in  both  houses  shall  be  determined  by  yeas  and  nays,  and 
the  names  of  the  members  voting  shall  be  entered  on  the  journal  of 
each  house  respectively.  If  any  bill  shall  not  be  returned  by  the 
governor  within  ten  days  (Sundays  excepted)  after  it  shall  have 
been  presented  to  him,  the  same  shall  be  a  law  in  like  manner 
as  if  he  had  signed  it,  unless  the  legislature  shall,  by  its  ad- 
journment, prevent  its  return,  in  which  case  it  shall  not  become 
a  law  without  the  approval  of  the  governor.  No  bill  shall  become 
a  law  after  the  final  adjournment  of  the  legislature,  unless  ap- 
proved by  the  governor  within  thirty  days  after  such  adjournment. 
If  any  bill  presented  to  the  governor  contain  several  items  of 
appropriation  of  money,  he  may  object  to  one  or  more  of  such 
items  while  approving  of  the  other  portion  of  the  bill.  In  such 
case,  he  shall  append  to  the  bill,  at  the  time  of  signing  it,  a  state- 
ment of  the  items  to  which  he  objects;  and  the  appropriation  so 
objected  to  shall  not  take  effect.  If  the  legislature  be  in  session, 
he  shall  transmit  to  the  house  in  which  the  bill  originated  a  copy 
of  such  statement,  and  the  items  objected  to  shall  be  separately 
reconsidered.  If  on  reconsideration  one  or  more  of  such  items  be 
approved  by  two-thirds  of  the  members  elected  to  each  house,  the 
same  shall  be  part  of  the  law,  notwithstanding  the  objections  of  the 
governor.  All  the  provisions  of  this  section,  in  relation  to  bills 
not  approved  by  the  governor,  shall  apply  in  cases  in  which  he 
shall  withhold  his  approval  from  any  item  or  items  contained  in 
a  bill  appropriating  money. 

AETICLE  V. 

Section  1.  On  or  before  the  fifteenth  day  of  November  in  the 
year  one  thousand  nine  hundred  and  sixteen  and  in  each  year 
thereafter  the  head  of  each  department  of  the  state  government 
except  the  legislature  and  judiciary,  shall  submit  to  the  governor 
itemized  estimates  of  appropriations  to  meet  the  financial  needs  of 
such  department,  including  a  statement  in  detail  of  all  moneys  for 


CONSTITUTIONAL  CONVENTION  687 

which  any  general  or  special  appropriation  is  desired  at  the  ensuing 
session  of  the  legislature,  classified  according  to  relative  im- 
portance and  in  such  form  and  with  such  explanation  as  the  gov- 
ernor may  require. 

The  governor,  after  public  hearing  thereon,  at  which  he  may 
require  the  attendance  of  heads  of  departments  and  their  sub- 
ordinates, shall  revise  such  estimates  according  to  his  judgment. 

Itemized  estimates  of  the  financial  needs  of  the  legislature  cer- 
tified by  the  presiding  officer  of  each  house  and  of  the  judiciary 
certified  by  the  comptroller  shall  be  transmitted  to  the  governor 
before  the  fifteenth  day  of  January  next  succeeding  for  inclusion 
in  the  budget  without  revision  but  with  such  recommendation  as 
he  may  think  proper. 

On  or  before  the  first  day  of  February  next  succeeding  he  shall 
submit  to  the  legislature  a  budget  containing  a  complete  plan  of 
proposed  expenditures  and  estimated  revenues.  It  shall  contain 
all  the  estimates  so  revised  or  certified  and  shall  be  accompanied 
by  a  bill  or  bills  for  all  proposed  appropriations  and  reappropria- 
tions,  clearly  itemized;  it  shall  show  the  estimated  revenues  for 
the  ensuing  fiscal  year  and  the  estimated  surplus  or  deficit  of 
revenues  at  the  end  of  the  current  fiscal  year  together  with  the 
measures  of  taxation,  if  any,  which  the  governor  may  propose  for 
the  increase  of  the  revenues.  It  shall  be  accompanied  by  a  state- 
ment of  the  current  assets,  liabilities,  reserves  and  surplus  or  de- 
ficit of  the  state;  statements  of  the  debts  and  funds  of  the  state; 
an  estimate  of  its  financial  condition  as  of  the  beginning  and  end 
of  the  ensuing  fiscal  year;  and  a  statement  of  revenues  and 
expenditures  for  the  two  fiscal  years  next  preceding  said  year,  in 
form  suitable  for  comparison.  The  governor  may,  before  final 
action  by  the  legislature  thereon,  amend  or  supplement  the  budget. 

A  copy  of  the  budget  and  of  any  amendments  or  additions 
thereto  shall  be  forthwith  transmitted  by  the  governor  to  the 
comptroller. 

The  governor  and  the  heads  of  such  departments  shall  have  the 
right,  and  it  shall  be  their  duty  when  requested  by  either  house 
of  the  legislature,  to  appear  and  be  heard  in  respect  to  the 
budget  during  the  consideration  thereof,  and  to  answer  in- 
quiries relevant  thereto.  The  procedure  for  such  appearance  and 
inquiries  shall  be  provided  by  law.  The  legislature  may  not  alter 
an  appropriation  bill  submitted  by  the  governor  except  to  strike 
out  or  reduce  items  therein ;  but  this  provision  shall  not  apply  to 


688  JOURNAL  OF  THE 

items  for  the  legislature  or  judiciary.  Such  a  bill  when  passed 
by  both  houses  shall  be  a  law  immediately  without  further  action 
by  the  governor,  except  that  appropriations  for  the  legislature  and 
judiciary  shall  be  subject  to  his  approval  as  provided  in  section 
nine  of  article  four. 

Neither  house  shall  consider  further  appropriations  until  the 
appropriation  bills  proposed  by  the  governor  shall  have  been 
finally  acted  on  by  both  houses;  nor  shall  such  further  appro- 
priations be  then  made  except  by  separate  bills  each  for  a  single 
work  or  object,  which  bills  shall  be  subject  to  the  governor's  ap- 
proval as  provided  in  section  nine  of  article  four.  Nothing  herein 
contained  shall  be  construed  to  prevent  the  governor  from  recom- 
mending that  one  or  more  of  his  proposed  bills  be  passed  in  ad- 
vance of  the  others  to  supply  the  immediate  needs  of  government. 

ARTICLE  VI. 

Section  1.  There  shall  be  the  following  civil  departments  in 
the  state  government:  (1)  law,  (2)  finance,  (3)  accounts,  (4) 
treasury,  (5)  taxation,  (6)  state,  (7)  public  works,  (8)  health, 
(9)  agriculture,  (10)  charities  and  corrections,  (11)  banking, 
(12)  insurance,  (13)  labor  and  industry,  (14)  education,  (15) 
public  utilities,  (1G)  conservation  and  (17)  civil  service. 

Section  2.  (1)  The  head  of  the  department  of  law  shall  be  the 
attorney-general.  He  shall  be  elected  at  the  same  time  and  for 
the  same  term  as  the  governor. 

(2)  The  head  of  the  department  of  finance  shall  be  the  comp- 
troller. He  shall  be  elected  at  the  same  time  and  for  the  same  term 
as  the  governor.  Excepting  the  powers  of  examination  and  verifi- 
cation of  accounts  vested  in  the  department  of  accounts,  he  shall 
have  the  present  powers  and  duties  of  the  comptroller,  subject  to 
the  authority  of  the  legislature  to  increase,  modify  or  diminish 
the  same. 

(3)  The  head  of  the  department  of  accounts  shall  be  the  commis- 
sioner of  accounts.  He  shall  have  power  to  examine  and  verify 
all  accounts  showing  the  financial  transactions  of  the  state  and  its 
several  departments  and  officers.  He  shall  also  make  such  special 
examinations  and  reports  as  from  time  to  time  may  be  required 
by  resolution  of  either  house  of  the  legislature. 

(4)  The  bead  of  the  department  of  the  treasury  shall  be  the 
treasurer, 


CONSTITUTIONAL  CONVENTION       .       689 

(5)  The  head  of  the  department  of  taxation  shall  be  a  state  tax 
commission. 

(6)  The  head  of  the  department  of  state  shall  be  the  secretary 
of  state.  He  shall  be  the  keeper  of  the  great  seal  and  of  the 
records  and  archives  of  the  state,  shall  issue  writs  of  election  and 
certify  the  results. 

(7)  The  head  of  the  department  of  public  works  shall  be  the  su- 
perintendent of  public  works.  He  shall  have  the  construction, 
care,  maintenance  and  operation  of  the  state's  public  works, 
including  canals,  highways,  and  all  public  buildings  not  from 
time  to  time  assigned  by  law  to  any  other  department,  and  shall 
provide  for  the  needs  of  the  several  state  departments  in  engineer- 
ing and  architecture. 

(8)  The  head  of  the  department  of  health  shall  be  the  com- 
missioner of  health. 

(9)  The  head  of  the  department  of  agriculture  shall  be  the 
commissioner  of  agriculture. 

(10)  The  head  of  the  department  of  charities  and  corrections 
shall  be  the  secretary  of  charities  and  corrections.  He  shall  have 
power  of  inspection  and  supervision  of  all  state  charitable  insti- 
tutions, state  hospitals  for  the  insane,  state  prisons  and  other  state 
correctional  institutions. 

(11)  The  head  of  the  department  of  banking  shall  be  the  su- 
perintendent of  banks. 

(12)  The  head  of  the  department  of  insurance  shall  be  the  su- 
perintendent of  insurance. 

(13)  The  head  of  the  department  of  labor  and  industry  shall  be 
an  industrial  commission  or  commissioner  as  may  be  provided  by 
law.  Commissioners  shall  be  appointed  by  the  governor  by  and 
with  the  advice  and  consent  of  the  senate. 

(14)  The  department  of  education  shall  be  administered  by  the 
university  of  the  state  of  New  York.  The  chief  administrative 
officer  of  the  department  shall  be  appointed  by  the  regents  of  the 
university. 

(15)  The  department  of  public  utilities  shall  consist  of  two  pub- 
lic service  commissions.  Commissioners  shall  be  appointed  by  the 
governor  by  and  with  the  advice  and  consent  of  the  senate.  The 
governor  may  remove  any  commissioner  for  cause  after  service 


690      .  JOURNAL  OF  THE 

upon  him  of  a  written  statement  of  the  alleged  cause  and  an  op- 
portunity to  be  heard  thereon.  Until  the  legislature  shall  other- 
wise provide,  the  existing  commissions  are  continued  with  the 
jurisdiction  and  powers  at  present  vested  in  them. 

(16)  The  department  of  conservation  shall  be  under  the  direc- 
tion of  the  conservation  commission. 

(17)  The  department  of  civil  service  shall  be  under  the  direction 
of  a  civil  service  commission  consisting  of  three  commissioners. 
They  shall  be  appointed  by  the  governor  by  and  with  the  advice 
and  consent  of  the  senate,  for  terms  of  six  years,  and  shall  be  so 
classified  that  one  shall  go  out  of  office  at  the  end  of  every  two 
years.  The  governor  may  remove  any  commissioner  for  cause 
after  service  upon  him  of  a  written  statement  of  the  alleged  cause 
and  an  opportunity  to  be  heard  thereon.  The  commission  shall 
take  care  that  the  provisions  of  this  constitution  relating  to  civil 
service  and  of  laws  enacted  thereunder  are  faithfully  observed 
and  enforced. 

Section  3.  At  the  session  immediately  following  the  adoption 
of  this  constitution,  the  legislature  shall  provide  by  law  for  the 
appropriate  assignment,  to  take  effect  not  earlier  than  the  first 
day  of  January,  one  thousand  nine  hundred  and  seventeen,  of 
all  the  civil  administrative  and  executive  functions  of  the  state 
government,  except  those  of  assistants  in  the  office  of  the  gov- 
ernor, to  the  several  departments  in  this  article  provided.  Sub- 
ject to  the  limitations  contained  in  this  constitution  the  legisla- 
ture may  from  time  to  time  assign  by  law  new  powers  and  func- 
tions to  departments,  officers,  boards  or  commissions  continued 
or  created  under  this  constitution,  and  increase,  modify  or  dimin- 
ish their  powers  and  functions.  No  specific  grant  of  power  herein 
to  a  department  shall  prevent  the  legislature  from  conferring  addi- 
tional powers  upon  such  department.  No  new  departments  shall 
be  created  hereafter.  Any  bureau,  board,  commission  or  office 
hereafter  created  except  assistants  in  the  office  of  the  governor 
shall  be  placed  in  one  of  the  departments  enumerated  in  this 
article.  The  elective  state  officers  in  office  at  the  time  this  con- 
stitution takes  effect  shall  continue  in  office  until  the  end  of  the 
terms  for  which  they  were  elected.  Pending  the  assignment  of 
the  civil  administrative  and  executive  functions  by  the  legislature 
pursuant  to  the  direction  of  this  section,  the  powers  and  duties  of 
the  several  departments,  boards,  commissions  and  offices  now  exist- 
ing are  continued.  Subject  to  the  power  of  the  legislature  to  reduce 


CONSTITUTIONAL  CONVENTION  691 

the  number  of  officers,  when  the  powers  and  duties  of  any  existing 
office  are  assigned  to  any  department,  the  officers  exercising  such 
powers  shall  continue  in  office  in  such  department,  and  their  term 
of  office  shall  not  be  shortened  by  such  assignment. 

Section  4.  The  heads  of  all  the  departments  and  the  members 
of  all  commissions  unless  otherwise  provided  in  this  constitution 
shall  be  appointed  by  the  governor  and  may  be  removed  by  him  in 
his  discretion. 

Section  5.  The  attorney-general  and  comptroller  may  be  re- 
moved from  office  by  impeachment  in  the  same  manner  as  the 
governor.  A  vacancy  in  the  office  of  attorney-general  or  of  comp- 
troller shall  be  filled  for  the  remainder  of  the  term  at  the  next  gen- 
eral election  happening  not  less  than  three  months  after  such 
vacancy  occurs.  Until  the  vacancy  be  so  filled  by  election,  the 
governor,  or  if  the  senate  be  in  session,  the  governor  by  and  with 
the  advice  and  consent  of  the  senate,  may  fill  such  vacancy  by  ap- 
pointment which  shall  continue  until  the  first  day  of  the  political 
year  next  succeeding  the  election  at  which  such  office  may  be  filled. 
The  compensation  provided  by  law  for  each  of  such  officers  shall 
not  be  increased  or  diminished  during  the  term  for  which  he  shall 
have  been  elected  and  he  shall  not  receive  to  his  use  any  fees  or 
perquisites  of  office  or  other  compensation. 

Section  6.  All  appointed  heads  of  departments  shall  be  subject 
to  impeachment  in  the  same  manner  as  the  governor  or  they  may 
be  removed  by  the  senate  by  vote  of  two-thirds  of  all  the  members 
elected  thereto.  A  vacancy  occurring  in  a  board  or  commission 
appointed  by  and  with  the  advice  and  consent  of  the  senate  for  a 
fixed  term  shall  be  filled  for  the  unexpired  term  in  the  same 
manner  as  an  original  appointment,  except  that  a  vacancy  occur- 
ring or  existing  while  the  senate  is  not  in  session  shall  be  filled  by 
the  governor  by  appointment  for  a  term  expiring  at  the  end  of 
twenty  days  from  the  commencement  of  the  next  meeting  of  the 
senate. 

Section  7.  The  lieutenant-governor,  speaker  of  the  assembly, 
secretary  of  state,  attorney-general,  comptroller,  treasurer  and 
superintendent  of  public  works  shall  constitute  the  canal  board 
and  be  the  commissioners  of  the  land  office  and  the  commissioners 
of  the  canal  fund. 

Section  8.  This  article  shall  not  apply  to  the  military  or  naval 
affairs  or  forces  nor  to  property  from  time  to  time  devoted  to 
military  or  naval  purposes. 


692  JOUKXAL  OF  THE 

AETICLE  VII. 

Section  1.  The  department  of  conservation  shall  consist  of  nine 
commissioners  to  serve  without  compensation  and  to  be  appointed 
by  the  governor  by  and  with  the  advice  and  consent  of  the  senate 
for  terms  which  shall  expire  in  nine  successive  years,  the  first  end- 
ing on  the  first  day  of  January,  one  thousand  nine  hundred  and 
seventeen,  and  their  successors  shall  be  appointed  for  terms  of  nine 
years.  Vacancies  shall  be  filled  for  the  unexpired  term.  One 
commissioner  shall  reside  in  each  judicial  district.  ~No  person 
shall  be  eligible  to  or  shall  continue  to  hold  the  office  of  commis- 
sioner, who  is  engaged  in  the  business  of  lumbering  in  any  forest 
preserve  county  or  who  is  engaged  in  any  business  in  the  prosecu- 
tion of  which  hydraulic  power  is  used  or  in  which  water  is  dis- 
tributed or  sold  under  any  public  franchise. or  who  is  an  officer  or 
holder  of  the  stock  or  bonds  of  any  corporation  engaged  in  such 
business  within  the  state.  They  shall  be  subject  to  removal  by  the 
governor  on  charges,  after  an  opportunity  to  be  heard.  Subject  to 
the  limitations  in  this  constitution  contained,  the  department 
shall  be  charged  with  the  development  and  protection  of  the 
natural  resources  of  the  state ;  the  encouragement  of  forestry  and 
the  suppression  of  forest  fires  throughout  the  state;  the  exclusive 
care,  maintenance  and  administration  of  the  forest  preserve;  the 
conservation,  prevention  of  pollution,  and  regulation  of  the 
waters  of  the  state;  the  protection  and  propagation  of  its 
fish,  birds,  game,  shellfish  and  Crustacea,  except  migratory 
fish  of  the  sea  within  the  limits  of  the  marine  district,  with 
the  power,  subject  to  the  veto  within  thirty  days  of  the  governor, 
to  enact  regulations  with  respect  to  the  taking,  possession,  sale 
and  transportation  thereof,  which  shall  have  the  force  of  law, 
when  filed  in  the  office  of  the  department  of  state  and  published 
as  the  legislature  may  provide,  until  and  unless  the  legislature 
shall  thereafter  modify  such  regulations.  The  department  shall 
also  be  entrusted  with  the  enforcement  of  the  general  laws  of 
the  state  respecting  the  subjects  hereinbefore  enumerated  and 
exercise  such  additional  powers  as  from  time  to  time  may  be 
conferred  by  law.  The  department  shall  appoint  and  may  at 
pleasure  remove  a  superintendent.  It  may  also  appoint  all  other 
necessary  subordinates. 

Section  2.  The  lands  of  the  state,  now  owned  or  hereafter  ac- 
quired, constituting  the  forest  preserve  as  now  fixed  by  law,  shall 
be  forever  kept  as  wild  forest  lands.  They  shall  not  be  leased, 
gold  or  exchanged,  or  be  taken  by  any  corporation  public  or 


CONSTITUTIONAL  CONVENTION  693 

private,  nor  shall  the  trees  and  timber  thereon  be  sold,  removed 
or  destroyed.  The  department  is,  however,  empowered  to  re- 
forest lands  in  the  forest  preserve,  to  construct  fire  trails  thereon, 
and  to  remove  dead  trees  and  dead  timber  therefrom  for  purposes 
of  reforestation  and  fire  protection  solely,  but  shall  not  sell  the 
same.  Nothing  herein  contained  shall  prevent  the  state  from 
constructing  a  state  highway  from  Saranac  Lake  in  Franklin 
county  to  Long  Lake  in  Hamilton  county  and  thence  to  Old  Forge 
in  Herkimer  county  by  way  of  Blue  Mountain  lake  and  Eaquette 
lake. 

Section  3.  The  legislature  may  by  general  laws  provide  for 
the  use  of  not  exceeding  three  per  centum  of  such  lands  for  the 
construction  and  maintenance  of  reservoirs  for  municipal  water 
supply,  for  the  canals  of  the  state  and  to  regulate  the  flow  of 
streams.  Such  reservoirs  shall  be  constructed,  owned  and  con- 
trolled by  the  state,  but  such  work  shall  not  be  undertaken  until 
after  the  boundaries  and  high  flow  lines  thereof  shall  have  been 
accurately  surveyed  and  fixed,  and  after  public  notice,  hearing 
and  determination  that  such  lands  are  required  for  such  public 
use.  The  expense  of  any  such  improvements  shall  be  apportioned 
on  the  public  and  private  property  and  municipalities  benefited 
to  the  extent  of  the  benefits  received.  Any  such  reservoir  shall 
always  be  operated  by  the  state  and  the  legislature  shall  provide 
for  a  charge  upon  the  property  and  municipalities  benefited  for 
a  reasonable  return  to  the  state  upon  the  value  of  the  rights  and 
property  of  the  state  used  and  the  services  of  the  state  rendered, 
which  shall  be  fixed  for  terms  of  not  exceeding  ten  years,  and 
be  readjustable  at  the  end  of  any  term.  Unsanitary  conditions 
shall  not  be  created  or  continued  by  any  such  public  works. 

Section  4.  The  legislature  may  authorize  the  use  by  the  city  of 
New  York  for  its  municipal  water  supply  of  lands  now  belonging 
to  the  state  located  in  the  towns  of  Hurley  and  Shandaken  in  the 
county  of  Ulster  and  in  the  town  of  Lexington  in  the  county  of 
Greene,  for  just  compensation. 

Section  5.  The  legislature  shall  annually  make  provision  for 
the  purchase  of  real  property  within  the  Adirondack  and  Catskill 
parks  as  defined  by  law,  the  reforestation  of  lands  and  the  mak- 
ing of  boundary  and  valuation  surveys. 

Section  6.  A  violation  of  any  of  the  provisions  of  this  article 
may  be  restrained  at  the  suit  of  the  people  or,  with  the  consent 
of  the  supreme  court  in  appellate  division,  on  notice  to  the  at- 
torney-general at  the  suit  of  any  citizen. 


694  JOURNAL  OF  THE 

AETICLE  VIII. 

Section  1.  The  supreme  court  is  continued  with  general  juris- 
diction in  law  and  equity,  subject  to  such  appellate  jurisdiction 
of  the  court  of  appeals  as  now  is  or  may  be  prescribed  by  law 
not  inconsistent  with  this  article.  The  existing  judicial  districts 
of  the  state  are  continued  until  changed  as  hereinafter  provided. 
The  supreme  court  shall  consist  of  the  justices  in  office  on  the 
first  day  of  January,  one  thousand  nine  hundred  and  sixteen, 
and  successors  of  the  three  justices  transferred  to  the  court  of 
appeals  as  in  this  article  provided,  and  of  two  additional  justices 
who  shall  reside  in  and  be  chosen  by  the  electors  of  the  first 
judicial  district,  and  their  successors,  together  with  such  additional 
justices  as  may  be  authorized  by  the  legislature  pursuant  to  the 
provisions  of  this  article.  The  successors  of  said  justices  shall  be 
chosen  by  the  electors  of  their  respective  judicial  districts.  The 
legislature  may  alter  the  judicial  districts  once  after  every  federal 
census  or  state  enumeration  and  thereupon  reapportion  the  justices 
to  be  thereafter  elected  in  the  districts  so  altered.  The  legislature 
may  from  time  to  time  further  increase  the  number  of  justices  in 
any  judicial  district  except  that  the  number  of  justices  in  the  first, 
second  and  ninth  districts  shall  not  be  thereby  increased  to  exceed 
one  justice  for  each  eighty  thousand,  or  fraction  over  forty 
thousand  of  the  population  thereof,  as  shown  by  the  last  federal 
or  state  census  or  enumeration,  and  except  that  the  number  of  jus- 
tices in  any  other  district  shall  not  be  increased  to  exceed  one  jus- 
tice for  each  sixty  thousand  or  fraction  over  thirty-five  thousand 
of  the  population  thereof  as  shown  by  the  last  federal  or  state 
census  or  enumeration. 

Section  2.  The  present  division  of  the  state  into  four  judicial 
departments  is  continued.  Once  every  ten  years  the  legislature 
may  alter  the  judicial  departments,  but  without  increasing  the 
number  thereof.  They  shall  be  bounded  by  county  lines,  and  be 
compact  and  equal  in  population  as  nearly  as  may  be.  The  appel- 
late divisions  of  the  supreme  court  are  continued  and  shall  consist 
of  not  less  than  ten  nor  more  than  twelve  justices  in  the  first  de- 
partment, seven  justices  in  the  second  department  and  five  justices 
in  each  of  the  other  departments.  The  justices  heretofore  desig- 
nated shall  continue  to  sit  in  the  appellate  divisions  until  the  terms 
of  their  designations  respectively  expire.  The  appellate  division 
in  the  first  department  may  sit  in  two  parts,  in  which  case  the 


CONSTITUTIONAL  CONVENTION  <595 

presiding  justice  shall  assign  the  justices  who  from  time  to  time 
shall  sit  in  each  part.  The  presiding  justice  may  preside  in  either 
part  and  he  shall  designate  the  justice  to  preside  in  either  part 
when  he  is  not  present.  In  each  appellate  division  or  part  thereof 
four  shall  constitute  a  quorum,  and  the  concurrence  of  three  shall 
be  necessary  to  a  decision.  No  more  than  five  justices  shall  sit  in 
any  case. 

The  governor  shall  designate  the  presiding  justice  of  each  de- 
partment, who  shall  act  as  such  during  his  term  of  office  and  shall 
be  a  resident  of  the  department.  The  other  justices  shall  be  desig- 
nated by  the  governor  from  all  the  justices  elected  to  the  supreme 
court  for  terms  of  five  years  or  the  unexpired  portions  of  their 
respective  terms  of  office,  if  less  than  five  years.  From  time  to 
time  as  the  terms  of  the  designations  expire,  or  vacancies  occur, 
the  governor  shall  make  new  designations.  A  majority  of  the 
justices  so  designated  to  sit  in  the  appellate  division,  in  each  de- 
partment shall  be  residents  of  the  department.  Ten  justices  shall 
be  designated  to  sit  in  the  appellate  division  in  the  first  depart- 
ment, but  in  case  the  presiding  justice  thereof  at  any  time  shall 
certify  to  the  governor  that  the  interests  of  justice  so  require  the 
governor  shall  designate  two  additional  justices  to  sit  therein.  In 
case  of  the  absence  or  inability  to  act  of  a  justice  of  any  appellate 
division,  the  presiding  justice  thereof  may  assign  any  of  the  jus- 
tices of  the  supreme  court  to  sit  in  the  appellate  division  during 
such  absence  or  inability,  but  no  justice  shall  be  so  designated  to 
sit  longer  than  four  months  in  any  year.  In  case  the  presiding 
justice  of  any  appellate  division  shall  certify  to  the  governor  that 
one  or  more  additional  justices  are  needed  for  the  speedy  disposi- 
tion of  the  business  before  it  the  governor  shall  designate  such  addi- 
tional justice  or  justices.  Whenever  the  appellate  division  in  any 
department  shall  be  unable  to  dispose  of  its  business  within  a 
reasonable  time,  a  majority  of  the  presiding  justices  of  the  several 
departments  at  a  meeting  called  by  the  presiding  justice  of  the 
department  in  arrears  shall  transfer  such  number  of  the  pending 
appeals  as  the  presiding  justices  may  determine  to  be  necessary 
from  such  department  to  any  other  department  for  hearing  and 
determination.  No  justice  of  the  appellate  division  shall,  within 
the  department  to  which  he  may  be  designated  to  perform  the 
duties  of  an  appellate  justice,  exercise  any  of  the  powers  of  a 
justice  of  the  supreme  court,  other  than  those  of  a  justice  out  of 
court,  and  those  pertaining  to  the  appellate  division,  or  to  the 


696  JOTIElSrAL  OF  THE 

hearing  and  decision  of  motions  submitted  by  consent  of  counsel, 
but  any  such  justice,  when  not  actually  engaged  in  performing  the 
duties  of  such  appellate  justice  in  the  department  to  which  he  is 
designated,  may  hold  any  term  of  the  supreme  court  and  exercise 
any  of  the  powers  of  a  justice  of  the  supreme  court  in  any  county 
or  judicial  district  in  any  other  department  of  the  state.  The  ap- 
pellate division,  except  as  herein  provided,  shall  have  the  jurisdic- 
tion now  exercised  by  it  and  such  additional  jurisdiction  as  may 
be  conferred  by  the  legislature.  On  appeals  from  judgments  of 
conviction  in  criminal  cases,  the  appellate  division  or  the  appellate 
term  as  the  case  may  be  may  reduce  the  sentence  imposed  by  the 
trial  court  or  judge.  It  shall  have  power  to  appoint  and  remove  a 
reporter.  The  justices  of  the  appellate  division  in  each  department 
shall  have  power  to  fix  the  times  and  places  for  holding  the  terms 
of  the  supreme  court  therein,  and  to  assign  the  justices  in  the  de- 
partments to  hold  such  terms. 

Section  3.  There  shall  be  an  appellate  term  of  the  supreme 
court  in  the  first  and  in  the  second  department  consisting  of  not 
less  than  three  nor  more  than  iive  justices  of  the  supreme  court 
to  be  designated  annually  by  the  appellate  division  of  the  supreme 
court  in  such  departments  respectively.  Such  appellate  divisions 
respectively  may  designate  justices  to  sit  in  the  appellate  term 
during  the  temporary  disability  of  any  of  the  justices  previously 
designated.  Three  shall  constitute  a  quorum,  and  the  concurrence 
of  a  majority  of  the  justices  sitting  shall  be  necessary  to  a 
decision.  All  appeals  from  judgments  and  orders  in  civil  cases 
made  by  county  courts  within  such  departments,  and  all  appeals 
from  judgments  and  orders  made  by  the  city  court  of  the  city  of 
New  York,  the  municipal  court  of  the  city  of  New  York,  the 
court  of  special  sessions  of  the  city  of  New  York,  as  such  courts 
now  exist,  or  as  hereafter  consolidated  or  reorganized  pursuant 
to  this  article,  and  by  all  other  inferior  local  courts,  except  courts 
held  by  justices  of  the  peace,  city  magistrates'  courts,  and  courts 
of  special  sessions  held  by  one  city  magistrate  only,  within  such 
departments,  shall  be  heard  at  the  appellate  term.  The  legislature 
may  enlarge  or  restrict  the  jurisdiction  of  the  appellate  term. 
Appeals  to  the  appellate  division  from  judgments  or  orders  of  the 
appellate  term  may  be  taken  as  of  right  only  when  the  appellate 
term  on  reversing  or  modifying  a  judgment  makes  new  findings 
of  fact  and  renders  judgment  thereon.  Appeals  to  the  appellate 
division  also  may  be  allowed  by  the  proper  appellate  division. 


CONSTITUTIONAL  CONVENTION  697 

Section  4.  No  judge  or  justice  shall  sit  in  the  appellate  term, 
appellate  division  or  in  the  court  of  appeals  in  review  of  a  decision 
made  by  him  or  by  any  court  of  which  he  was  at  the  time  a  sit- 
ting member.  The  testimony  in  equity  cases  shall  be  taken  in  like 
manner  as  in  cases  at  law;  and,  except  as  herein  otherwise  pro- 
vided, the  legislature  shall  have  the  same  power  to  alter  and 
regulate  the  jurisdiction  and  proceedings  in  law  and  in  equity 
that  it  has  heretofore  exercised. 

Section  5.  The  official  terms  of  the  justices  of  the  supreme 
court  shall  be  fourteen  years  from  and  including  the  first  day  of 
January  next  after  their  election.  When  a  vacancy  shall  occur 
otherwise  than  by  expiration  of  term  in  the  office  of  justice  of  the 
supreme  court  the  same  shall  be  filled  for  a  full  term,  at  the  next 
general  election,  happening  not  less  than  three  months  after  such 
vacancy  occurs;  and,  until  the  vacancy  shall  be  so  filled,  the  gov- 
ernor by  and  with  the  advice  and  consent  of  the  senate,  if  the 
senate  shall  be  in  session,  or  if  not  in  session  the  governor,  may  fill 
such  vacancy  by  appointment,  which  shall  continue  until  and  in- 
cluding the  last  day  of  December  next  after  the  election  at  which 
the  vacancy  shall  be  filled. 

Section  6.  To  secure  a  more  simple,  speedy  and  effective 
administration  of  justice,  it  shall  be  the  duty  of  the  legislature  to 
act  with  all  convenient  speed  upon  the  report  of  the  board  of  statu- 
tory consolidation  transmitted  to  the  legislature  by  the  governor  on 
the  twenty-first  day  of  April,  one  thousand  nine  hundred  and  fif- 
teen, and  to  enact  a  brief  and  simple  civil  practice  act  and  to  adopt 
a  separate  body  of  civil  practice  rules  for  the  regulation  of  pro- 
cedure in  the  court  of  appeals,  supreme  court  and  county  courts. 
The  legislature  may  make  the  civil  practice  rules  or  any  part 
thereof  applicable  to  such  other  courts  as  it  may  provide.  There- 
after, from  time  to  time,  at  intervals  of  not  less  than  five  years, 
the  legislature  may  appoint  a  commission  to  consider  and  report 
what  changes,  if  any,  there  should  be  in  the  law  and  rules 
governing  civil  procedure.  The  legislature  shall  act  on  the  report 
of  each  such  commission  by  a  single  bill,  and  the  legislature  shall 
not  otherwise,  or  at  any  other  time,  enact  any  law  prescribing, 
regulating  or  changing  the  civil  procedure  in  the  court  of  appeals, 
supreme  court  or  county  courts,  unless  the  judges  or  justices 
empowered  to  make  and  amend  civil  practice  rules  shall  certify 
that  legislation  is  necessary. 


698  JOURNAL  OF  THE 

After  the  adoption  of  the  civil  practice  rules  by  the  legislature 
under  the  requirements  of  the  first  paragraph  of  this  section,  the 
power  to  alter  and  amend  such  rules  and  to  make,  alter  and  amend 
civil  practice  rules  shall  vest  and  remain  in  the  courts  of  the 
state  to  be  exercised  by  the  judges  of  the  court  of  appeals  and 
the  justices  of  the  appellate  divisions  of  the  supreme  court,  or 
by  such  judges  or  justices  of  the  court  of  appeals,  the  supreme 
court  and  the  county  courts  as  the  legislature  shall  provide. 

Section  7.  The  court  of  claims  is  continued  and  shall  be  a  court 
of  record.  It  shall  consist  of  the  three  judges  now  in  office,  who 
shall  hold  their  offices  until  the  expiration  of  their  respective 
terms,  and  their  successors  who  shall  be  appointed  by  the  governor 
by  and  with  the  advice  and  consent  of  the  senate  and  who  shall 
hold  office  for  nine  years.  The  legislature  may  further  increase 
the  number  of  judges  of  the  court  of  claims  by  permanent  or 
temporary  appointment  but  not  to  exceed  five  in  all.  The  addi- 
tional judges  heretofore  appointed  shall  continue  to  serve  until  the 
first  day  of  January,  one  thousand  nine  hundred  and  eighteen,  or 
such  earlier  date  as  shall  be  determined  pursuant  to  law.  The 
court  shall  have  power  to  appoint  and  remove  a  clerk  and  such 
court  stenographers  and  attendants  as  the  legislature  may  provide. 
The  judges  shall  continue  to  receive  from  the  state  their  present 
compensation  and  allowances  until  the  legislature  shall  otherwise 
provide.  The  court  shall  have  the  jurisdiction  now  exercised  by 
it  and  such  additional  jurisdiction  to  hear  and  determine  claims 
against  the  state  or  between  conflicting  claimants  as  the  legis- 
lature may  provide.  The  judges  of  the  court  may  separately  take 
testimony  in  relation  to  any  claim,  but  no  award  shall  be  made 
except  by  a  majority  of  the  whole  court.  The  court  may  establish 
rules  to  govern  its  own  procedure. 

Section  8.  Supreme  court  commissioners  may  be  appointed  as 
hereinafter  provided,  one  or  more  of  whom  may  be  designated  by 
the  court  to  determine  the  compensation  to  be  paid  whenever  pri- 
vate property  is  taken  for  a  public  use  in  the  judicial  department 
or  district  for  which  they  shall  have  been  appointed,  when  such 
compensation  is  not  made  by  the  state,  and  who  also  may  respec- 
tively be  designated  as  referee  whenever  issues  are  properly  re- 
ferred for  determination  or  report,  and  who  shall  perform  such 
other  or  further  duties  as  may  be  devolved  upon  them  by 
special  order  or  rule  of  court  by  the  appellate  division  or  by 


CONSTITUTIONAL  CONVENTION  699 

the  civil  practice  rules.  The  respective  appellate  divisions  in  the 
first  and  second  judicial  departments  from  time  to  time  may  ap- 
point for  each  of  the  counties  therein  within  the  city  of  New 
York  such  commissioners  as  they  deem  necessary  and,  with  the  ap- 
proval of  the  board  of  estimate  and  apportionment  or  its  succes- 
sors, fix  their  compensation  which  shall  be  uniform  in  each  county 
and  a  charge  against  the  city  of  New  York.  The  legislature 
may  at  any  time  authorize  the  appointment  of  supreme  court 
commissioners  in  the  third  and  fourth  judicial  departments 
and  in  the  counties  in  the  second  department  not  within  the 
city  of  New  York.  Such  commissioners  shall  be  members  of 
the  bar  of  not  less  than  ten  years  standing.  They  shall  not  prac- 
tice as  attorneys  or  counselors  in  any  court  of  this  state  or  of  the 
United  States.  They  shall  hold  office  during  the  pleasure  of  the 
respective  appellate  divisions  by  which  they  shall  have  been  ap- 
pointed. Supreme  court  commissioners  during  their  continuance 
in  office  shall  not  hold  any  other  office  or  public  trust. 

Section  9.  The  court  of  appeals  is  continued.  It  shall  consist 
of  the  chief  judge  and  associate  judges  now  in  office,  who  shall 
hold  their  offices  until  the  expiration  of  their  respective  terms, 
and  their  successors,  who  shall  be  chosen  by  the  electors  of  the 
state,  and  of  the  three  justices  of  the  supreme  court  now  serv- 
ing as  associate  judges  of  the  court  of  appeals  by  designation  by 
the  governor,  who  shall  be  associate  judges  of  the  court  of  appeals 
until  the  expiration  of  the  terms  for  which  they  respectively  were 
elected  justices  of  the  supreme  court,  and  their  successors  who 
shall  be  chosen  by  the  electors  of  the  state.  The  official  terms  of 
the  chief  judge  and  associate  judges  shall  be  fourteen  years  from 
and  including  the  first  day  of  January  next  after  their  election. 
No  more  than  seven  judges  shall  sit  in  any  case.  Five  members 
of  the  court  shall  constitute  a  quorum,  and  the  concurrence  of  four 
shall  be  necessary  to  a  decision.  The  court  shall  have  power  to 
appoint  and  to  remove  its  reporter,  clerk  and  attendants.  In  case 
of  the  temporary  absence  or  inability  to  act  of  any  judge  of  the 
court  of  appeals,  the  court  may  designate  any  justice  of  the 
supreme  court  to  serve  as  associate  judge  of  the  court  of  appeals, 
during  such  absence  or  inability  to  act,  but  for  a  period  not  ex- 
ceeding four  months  in  any  year.  For  the  purpose  of  disposing 
with  reasonable  speed  of  the  accumulation  of  causes  now  pending 
in  the  court  of  appeals,  the  court  on  or  before  the  first  day  of 
March,  one  thousand  nine  hundred  and  sixteen,  shall  designate 


700  JOURNAL  OF  THE 

not  less  than  four  nor  more  than  six  justices  of  the  supreme  court 
to  serve  as  associate  judges  of  the  court  of  appeals  until  the  causes 
pending  on  the  calendar  shall  be  reduced  to  one  hundred  but 
not  later  than  the  thirty-first  day  of  December,  one  thousand  nine 
hundred  and  seventeen,  when  they  shall  return  to  the  supreme 
court.  While  serving  in  the  court  of  appeals,  the  justices  so 
designated  shall  be  relieved  of  their  duties  as  justices  of  the 
supreme  court.  During  such  period  'the  court  of  appeals  shall  sit 
in  two  parts,  each  of  which  shall  consist  of  not  more  than  seven 
judges,  five  of  whom  shall  constitute  a  quorum,  the  concurrence  of 
four  being  necessary  to  a  decision.  The  chief  judge  shall  from 
time  to  time  designate  the  associate  judges  of  the  court  of  appeals 
and  the  justices  of  the  supreme  court  serving  as  associate  judges 
of  the  court  of  appeals  to  sit  in  the  respective  parts  of  the  court,  in 
such  manner  that  the  justices  of  the  supreme  court  so  designated 
shall  be  distributed  as  equally  as  may  be  between  the  two  parts. 
The  chief  judge  may  preside  in  either  part,  and  he  shall  desig- 
nate the  judge  who  shall  preside  in  either  part  when  he  is  not 
present.  The  causes  pending  in  the  court  of  appeals  shall  be  dis- 
tributed by  the  chief  judge  as  nearly  equally  as  may  be  between 
the  two  parts  of  the  court.  The  court  of  appeals  shall  cause  a 
calendar  of  appeals  pending  therein  to  be  made  and  published  at 
least  once  in  each  year.  Whenever  on  the  first  day  of  January  in 
any  year  after  the  present  accumulation  of  causes  in  the  court 
of  appeals  shall  have  been  disposed  of  as  above  provided,  there 
shall  be  more  than  five  hundred  causes  pending  undisposed  of  on 
the  calendar,  the  court  shall  iu  the  manner  above  provided  desig- 
nate justices  of  the  supreme  court  to  serve  as  associate  judges  of 
the  court  of  appeals,  and  shall  sit  in  two  parts ;  the  pending  causes 
shall  be  distributed  between  the  parts  for  disposition  until  the 
number  of  causes  pending  on  the  calendar  shall  be  reduced  to  one 
hundred,  but  not  later  than  until  the  expiration  of  one  year  from 
the  date  of  such  designations,  whereupon  the  justices  so  designated 
shall  return  to  the  supreme  court. 

In  case  of  the  death,  resignation  or  other  disability  of  any  of 
the  justices  of  the  supreme  court  designated  to  serve  as  associate 
judges  of  the  court  of  appeals  as  in  this  article  provided,  the  court 
of  appeals  shall  designate  a  justice  of  the  supreme  court  to  serve 
in  his  place  in  like  manner  as  if  originally  so  designated.  Each 
of  the  justices  of  the  supreme  court  while  serving  as  associate 
judge  of  the  court  of  appeals  as  herein  provided  shall  receive  from 


CONSTITUTIONAL  CONVENTION  701 

the  state  the  same  compensation  as  the  elected  associate  judges  of 
the  court  of  appeals.  Upon  the  termination  of  the  designation  of 
a  justice  of  the  supreme  court  as  associate  judge  of  the  court  of 
appeals  who  when  so  designated  was  a  justice  of  an  appellate 
division,  he  shall  return  to  such  appellate  division  unless  the  term 
of  his  designation  thereto  shall  have  expired  and  shall  not  have 
been  renewed  by  the  governor.  The  appellate  division  may  desig- 
nate other  justices  of  the  supreme  court  to  sit  in  the  appellate 
division  during  the  absence  of  regularly  assigned  justices  of  such 
division  serving  as  associate  judges  of  the  court  of  appeals,  in  case 
the  business  of  the  appellate  division  shall  render  such  action 
necessary. 

Section  10.  When  a  vacancy  shall  occur  otherwise  than  by 
expiration  of  term,  in  the  office  of  chief  or  associate  judge  of  the 
court  of  appeals,  the  same  shall  be  filled,  for  a  full  term,  at  the 
next  general  election  happening  not  less  than  three  months  after 
such  vacancy  occurs;  and  until  the  vacancy  shall  be  so  filled,  the 
governor,  by  and  with  the  advice  and  consent  of  the  senate,  if  the 
senate  shall  be  in  session,  or  if  not  in  session  the  governor  may  fill 
such  vacancy  by  appointment.  If  any  such  appointment  of  chief 
judge  shall  be  made  from  among  the  associate  judges,  a  temporary 
appointment  of  associate  judge  shall  be  made  in  like  manner ;  but 
in  such  case,  the  person  appointed  chief  judge  shall  not  be  deemed 
to  vacate  his  office  of  associate  judge  any  longer  than  until  the 
expiration  of  his  appointment  as  chief  judge.  The  powers  and 
jurisdiction  of  the  court  shall  not  be  suspended  for  want  of  ap- 
pointment or  election,  when  the  number  of  judges  is  sufficient  to 
constitute  a  quorum.  All  appointments  under  this  section  shall 
continue  until  and  including  the  last  day  of  December  next  after 
the  election  at  which  the  vacancy  shall  be  filled. 

Section  11.  After  the  last  day  of  December,  one  thousand  nine 
hundred  and  fifteen,  the  jurisdiction  of  the  court  of  appeals, 
except  where  the  judgment  is  of  death,  or  where  the  appellate  di- 
vision on  reversing  or  modifying  a  judgment  makes  new  findings 
of  fact  and  renders  judgment  thereon,  shall  be  limited  to  the 
review  of  questions  of  law.  Appeals  may  be  taken  as  of  right  to 
the  court  of  appeals  in  the  following  cases  only : 

(1)  Where  the  judgment  is  of  death ; 

(2)  From  a  judgment  or  order  entered  upon  the  decision  of  an 
appellate  division  of  the  supreme  court  which  finally  determines 


702  JOURNAL  OF  THE 

an  action  or  special  proceeding  where  is  directly  involved  the  con- 
struction of  the  constitution  of  the  state  or  of  the  United  States, 
or  where  one  or  more  of  the  justices  who  heard  the  case  dissents 
from  the  decision  of  the  court,  or  where  the  judgment  of  the  trial 
court  is  reversed  or  modified; 

(3)  From  an  order  of  an  appellate  division  of  the  supreme 
court  granting  a  new  trial  where  the  appellant  stipulates  that  upon 
affirmance  judgment  absolute  shall  be  rendered  against  him. 

The  court  of  appeals  may,  however,  allow  an  appeal  in  any  case 
where  in  its  opinion  a  question  of  law  is  involved,  which  ought  to 
be  reviewed. 

The  legislature  may  further  restrict  the  jurisdiction  of  the 
court  of  appeals  and  the  right  of  appeal  thereto,  but  the  right  to 
appeal  shall  not  depend  upon  the  amount  involved. 

The  provisions  of  this  section  shall  not  apply  to  appeals  taken 
to  the  court  of  appeals  before  the  last  day  of  December,  one 
thousand  nine  hundred  and  fifteen,  but  the  judgments  or  orders 
appealed  from  shall  be  reviewed  under  existing  provisions  of  law. 

The  court  of  appeals  may  determine  the  qualifications  and  pre- 
scribe the  rules  regulating  the  admission  to  practice  of  attorneys 
and  counselors  in  the  courts  of  the  state. 

Section  12.  The  judges  of  the  court  of  appeals  and  the  justices 
of  the  supreme  court  shall  not  hold  any  other  office  or  public  trust. 
All  votes  for  any  of  them,  for  any  other  than  a  judicial  office, 
given  by  the  legislature  or  the  people,  shall  be  void. 

Section  13.  Judges  of  the  court  of  appeals  and  justices  of 
the  supreme  court  may  be  removed  by  concurrent  resolution  of 
both  houses  of  the  legislature,  if  two-thirds  of  all  the  members 
elected  to  each  house  concur  therein.  All  other  judicial  officers, 
except  justices  of  the  peace  and  judges  or  justices  of  inferior 
courts  not  of  record,  may  be  removed  by  the  senate,  on  the  recom- 
mendation of  the  governor,  if  two-thirds  of  all  the  members 
elected  to  the  senate  concur  therein.  But  no  officer  shall  be  re- 
moved by  virtue  of  this  section  except  for  cause,  which  shall  be 
entered  on  the  journals,  nor  unless  he  shall  have  been  served  with 
a  statement  of  the  cause  alleged,  and  shall  have  had  an  oppor- 
tunity to  be  heard.  On  the  question  of  removal,  the  yeas  and 
nays  shall  be  entered  on  the  journal. 

Section  14.  No  person  shall  hold  the  office  of  judge,  justice  of 
any  court  or  surrogate  longer  than  until  and  including  the  last 
day  of  December  next  after  he  shall  be  seventy  years  of  age.  Each 
justice  of  the  supreme  court  shall  receive  from  the  state  an  annual 


CONSTITUTIONAL  CONVENTION  703 

salary  of  ten  thousand  dollars.  Those  assigned  to  the  appellate 
divisions  in  the  third  and  fourth  departments  shall  each  receive 
in  addition  the  sum  of  two  thousand  dollars,  and  the  presiding 
justices  thereof  the  sum  of  two  thousand  five  hundred  dollars 
per  year.  The  justices  now  in  office  or  hereafter  elected  in  the 
first  and  second  judicial  departments  shall  continue  to  receive 
from  their  respective  cities,  counties  or  districts,  as  now  provided 
by  law,  such  additional  compensation  as  will  make  their  aggregate 
compensation  what  they  are  now  receiving.  Those  justices  elected 
in  any  judicial  department  other  than  the  first  or  second,  and 
assigned  to  the  appellate  divisions  of  the  first  or  second  depart- 
ments shall,  while  so  assigned,  receive  from  those  departments 
respectively,  as  now  provided  by  law,  such  additional  sum  as  is 
paid  to  the  justices  of  those  departments.  A  justice  elected  in 
the  third  or  fourth  department  assigned  by  the  appellate  division 
or  designated  by  the  governor  to  hold  a  trial  or  special  term 
in  the  first  or  second  judicial  department  shall  receive  in 
addition  twenty  dollars  per  day  for  expenses  while  actually 
so  engaged  in  holding  such  term,  which  shall  be  paid  by  the 
state  and  charged  upon  the  judicial  district  where  the  service  is 
rendered.  The  compensation  herein  provided  shall  be  in  lieu  of 
and  shall  exclude  all  other  compensation  and  allowance  to  such 
justices  for  expenses  of  every  kind  and  nature  whatsoever.  The 
provisions  of  this  section  shall  apply  to  the  judges  and  justices 
now  in  office  and  to  those  hereafter  elected.  Except  in  the  case 
of  the  consolidation  of  the  offices  of  county  judge  and  surrogate, 
or  to  make  the  compensation  of  the  judges  of  the  court  of  appeals 
equal  to  that  of  any  justice  of  the  supreme  court,  the  compensation 
of  a  judge  or  justice  of  any  court  of  record  in  the  state  shall  be 
neither  increased  nor  decreased  during  the  term  of  office  for  which 
he  was  elected  or  appointed. 

Section  15.  The  assembly  shall  have  the  power  of  impeach- 
ment, by  a  vote  of  a  majority  of  all  the  members  elected.  The 
court  for  the  trial  of  impeachments  shall  be  composed  of  the  presi- 
dent of  the  senate,  the  senators,  or  the  major  part  of  them,  and 
the  judges  of  the  court  of  appeals,  or  the  major  part  of  them.  On 
the  trial  of  an  impeachment  against  the  governor  or  lieutenant- 
governor,  neither  the  lieutenant-governor  nor  the  temporary  presi- 
dent of  the  senate  shall  act  as  a  member  of  the  court.  The  court 
for  the  trial  of  impeachments  may  order  all  or  any  part  of  the 
testimony  to  be  taken  and  reported  by  a  committee  composed  of 


704  JOURNAL  OF  THE 

members  of  the  court,  except  that  the  impeached  officer  must  be 
allowed  to  testify  before  the  court  if  he  so  desire.  No  judicial 
officer  shall  exercise  his  office,  after  articles  of  impeachment 
against  him  shall  have  been  preferred  to  the  senate,  until  he  shall 
have  been  acquitted.  Before  the  trial  of  an  impeachment  the 
members  of  the  court  shall  take  an  oath  or  affirmation  truly  and 
impartially  to  try  the  impeachment  according  to  the  evidence, 
and  no  person  shall  be  convicted  without  the  concurrence  of  two- 
thirds  of  the  members  present.  Judgment  in  cases  of  impeach- 
ment shall  not  extend  further  than  to  removal  from  office,  or  re- 
moval from  office  and  disqualification  to  hold  and  enjoy  any  office 
of  honor,  trust  or  profit  under  this  state ;  but  the  party  impeached 
shall  be  liable  to  indictment  and  punishment  according  to  law. 

Section  16.  The  existing  county  courts  are  continued,  and  the 
judges  thereof  now  in  offiee  shall  hold  their  offices  until  the  ex- 
piration of  their  respective  terms  except  that  the  county  courts 
in  the  counties  of  Kings,  Queens,  Richmond  and  Bronx  shall  be 
abolished  and  the  county  judges  transferred  as  provided  in  this 
article.  The  number  of  county  judges  in  any  county  may  be  in- 
creased, from  time  to  time,  by  the  legislature,  to  such  number 
that  the  total  number  of  county  judges  in  any  one  county  shall 
not  exceed  one  for  every  two  hundred  thousand,  or  major  fraction 
thereof,  of  the  population  of  such  county.  The  additional  county 
judges  whose  offices  may  be  created  by  the  legislature  shall  be 
chosen  at  the  general  election  held  in  the  first  odd-numbered  year 
after  the  creation  of  such  office.  All  county  judges,  including 
successors  to  existing  judges,  shall  be  chosen  by  the  electors  of  the 
counties  for  the  term  of  six  years  from  and  including  the  first 
day  of  January  following  their  election.  Except  as  in  this  article 
otherwise  provided  county  courts  shall  have  the  powers  and  juris- 
diction now  prescribed  by  the  legislature,  and  also  original  juris- 
diction in  actions  for  the  recovery  of  money  only,  where  all  the 
defendants  reside  in  the  county,  and  in  which  the  complaint  de- 
mands judgment  for  a  sum  not  exceeding  three  thousand  dollars. 
The  legislature  may  hereafter  enlarge  or  restrict  the  jurisdiction 
of  the  county  courts,  provided,  however,  that  their  jurisdiction 
shall  not  be  so  extended  as  to  authorize  an  action  therein  for  the 
recovery  of  money  only,  in  which  (1)  the  sum  demanded  exceeds 
three  thousand  dollars,  or  (2)  in  which  any  person  not  a  resident 
of  the  county  is  a  defendant,  unless  such  defendant  have  an  office 
for  the  transaction  of  business  within  the  county  and  the  cause  of 


CONSTITUTIONAL  CONVENTION  705 

action  arose  therein.  Every  county  judge  and  special  county  judge 
in  counties  having  the  same  shall  perform  such  duties  as  may  be 
required  by  law.  His  salary  shall  be  established  by  law,  payable 
out  of  the  county  treasury.  A.  county  judge  of  any  county  may 
hold  county  courts  in  any  other  county  when  requested  by  the 
judge  of  such  other  county. 

Section  17.  The  existing  surrogates'  courts  are  continued,  and 
the  surrogates  now  in  office  shall  hold  their  offices  until  the  ex- 
piration of  their  terms.  Their  successors  shall  be  chosen  by  the 
electors  of  their  respective  counties,  and  their  terms  of  office  shall 
be  six  years,  except  in  the  county  of  New  York,  where  they  shall 
continue  to  be  fourteen  years.  Surrogates  and  surrogates'  courts 
shall  have  the  jurisdiction  and  powers  now  prescribed  by  the 
legislature  until  otherwise  provided  by  law.  The  county  judge 
shall  be  surrogate  of  his  county,  except  where  a  separate  surro- 
gate has  been  or  shall  be  elected.  In  counties  having  a  popu- 
lation exceeding  forty  thousand,  wherein  there  is  no  separate 
surrogate,  the  legislature  may  provide  for  the  election  of  a  sepa- 
rate officer  to  be  surrogate,  whose  term  of  office  shall  be  six 
years.  When  the  surrogate  shall  be  elected  as  a  separate  officer 
his  salary  shall  be  established  by  law,  payable  out  of  the  county 
treasury.  Vacancies  occurring  in  the  office  of  judge  of  the  court 
of  general  sessions  of  the  city  of  New  York,  judge  of  the  city 
court  of  New  York,  county  judge,  special  county  judge  or  surro- 
gate shall  be  filled  in  the  same  manner  as  like  vacancies  occurring 
in  the  supreme  court.  For  the  relief  of  surrogates'  courts  the 
legislature  may  confer  upon  the  supreme  court  in  any  county 
having  a  population  exceeding  four  hundred  thousand,  the  powers 
and  jurisdiction  of  surrogates.  A  surrogate  of  any  county  may 
hold  a  surrogate's  court  in  any  other  county  when  requested  by 
the  surrogate  of  such  other  county.  The  legislature  may  at  any 
time  consolidate  the  offices  of  county  judge  and  surrogate  in  any 
county. 

Section  18.  The  legislature  may,  on  application  of  the  board 
of  supervisors,  provide  for  the  election  of  local  officers,  not  to 
exceed  two  in  any  county,  to  discharge  the  duties  of  county  judge 
and  of  surrogate,  in  cases  of  their  inability  or  of  a  vacancy,  and 
in  such  other  cases  as  may  be  provided  by  law,  and  to  exercise  such 
other  powers  in  special  cases  as  are  or  may  be  provided  by  law. 

Section  19.  The  electors  of  the  several  towns  shall,  at  their 
45 


706  JOURNAL  OF  THE 

annual  town  meetings,  or  at  such  other  time  and  in  such  manner  as 
the  legislature  may  direct,  elect  justices  of  the  peace,  whose  term 
of  office  shall  be  four  years.  In  case  of  an  election  to  fill  a  vacancy 
occurring  before  the  expiration  of  a  full  term,  they  shall  hold  for 
the  remainder  of  the  unexpired  term.  Their  number,  classification 
and  duties  shall  be  regulated  by  law.  Justices  of  the  peace  and 
judges  or  justices  of  inferior  courts  not  of  record,  and  their  clerks, 
may  be  removed  for  cause,  after  due  notice  and  an  opportunity 
of  being  heard  by  such  courts  as  are  or  may  be  prescribed  by 
law.  Justices  of  the  peace,  city  magistrates  and  all  other  judicial 
officers  whose  election  or  appointment  is  not  otherwise  provided 
for  in  this  article  may  be  elected  in  the  several  cities  of  this  state, 
or  in  any  boroughs  contained  within  a  city,  or  within  districts 
created  for  that  purpose  or  may  be  appointed  by  some  local  authori- 
ties of  the  several  cities,  in  such  manner  and  with  such  powers 
and  for  such  terms,  respectively,  as  are  or  may  be  prescribed  by 
law.  The  boards  of  supervisors  or  other  officials  exercising  power 
now  vested  in  such  boards  may  fix  the  compensation  to  be  paid  or 
allowed  to  justices  of  the  peace  in  towns  and  cities  for  their  serv- 
ices in  criminal  matters. 

Section  20.  The  court  of  general  sessions  in  and  for  the  city 
and  county  of  New  York  is  continued,  and  from  and  after  the  first 
day  of  January,  one  thousand  nine  hundred  and  seventeen,  it  shall 
have  the  same  jurisdiction  and  powers  throughout  the  city  of  New 
York,  under  the  name  of  the  court  of  general  sessions  of  the  city 
of  New  York,  as  it  now  possesses  within  the  county  of  New  York. 
It  shall  consist  of  the  judges  then  in  office  and  the  judges  trans- 
ferred thereto  by  this  section,  all  of  whom  shall  continue  to  be 
judges  of  the  court  of  general  sessions  of  the  city  of  New  York 
for  the  remainder  of  the  terms  for  which  they  respectively  were 
elected  or  appointed.  The  county  courts  of  Kings,  Queens,  Rich- 
mond and  Bronx  are  abolished  from  and  after  the  first  day  of 
January,  one  thousand  nine  hundred  and  seventeen.  The  judges 
of  such  courts  then  in  office  shall  for  the  remainder  of  the  terms 
for  which  they  were  elected  or  appointed,  be  judges  of  the  court 
of  general  sessions  of  the  city  of  New  York.  The  successors  to 
the  judges  who  were  elected  or  appointed  as  judges  of  the  court 
of  general  sessions  in  and  for  the  city  and  county  of  New  York 
shall  be  elected  by  the  electors  within  the  county  of  New  York, 
and  the  successors  to  the  judges  who  were  elected  or  appointed 
as  judges  of  the  county  courts  of  Kings,  Queens,  Richmond  and 


CONSTITUTIONAL  CONVENTION  707 

Bronx,  respectively,  shall  be  elected  by  the  electors  within  each 
of  such  respective  counties,  so  that  the  court  of  general  sessions 
of  the  city  of  New  York  shall  consist  of  seven  judges  resident  in 
and  elected  by  the  electors  within  the  county  of  New  York,  five 
judges  resident  in  and  elected  by  the  electors  in  the  county  of 
Kings,  and  one  judge  resident  in  and  elected  by  the  electors  in 
each  of  the  counties  of  Queens,  Richmond  and  Bronx.  The 
legislature  may  in  its  discretion  authorize  the  election  of  one  addi- 
tional judge  to  reside  in  and  be  chosen  by  the  electors  in  the  county 
of  Bronx.  The  judges  who  were  elected  or  appointed  as  judges  of 
the  court  of  general  sessions  in  and  for  the  city  and  county  of  New 
York,  and  the  judges  elected  or  appointed  as  judges  of  the  county 
court  of  the  counties  of  Kings,  Queens,  Richmond  and  Bronx,  shall 
until  the  expiration  of  the  term  for  which  they  were  appointed  or 
elected,  be  respectively  paid  by  the  city,  the  compensation  now 
fixed  by  law.  The  successors  of  all  of  the  judges  of  the  court  of 
general  sessions  of  the  city  of  New  York  shall  be  elected  as 
hereinafter  provided  for  a  term  of  fourteen  years,  and  their 
compensation  shall  be  fixed  by  the  legislature.  The  judges  of 
the  court  of  general  sessions  of  the  city  of  New  York  shall  choose 
one  of  their  own  number  to  be  the  presiding  judge  thereof,  who 
shall  act  as  such  for  a  period  of  five  years  or  until  the  earlier  ex- 
piration of  his  term  of  office,  and  who  shall  be  charged  with  the 
general  administration  of  the  court,  and  assign  the  judges  to 
hold  the  terms  ^hereof,  subject  to  such  regulations  as  the  pre- 
siding justices  of  the  appellate  divisions  of  the  supreme  court  in 
the  first  and  second  departments  shall  from  time  to  time  prescribe. 
The  judges  shall  have  power  to  appoint  and  remove  a  clerk,  who 
shall  keep  his  office  at  a  place  to  be  designated  by  the  court. 
All  criminal  prosecutions  and  proceedings  on  the  first  day  of 
January,  one  thousand  nine  hundred  and  seventeen,  pending  in 
such  county  courts  shall  thereupon  be  transferred  to  the  court  of 
general  sessions  of  the  city  of  New  York  for  hearing  and  deter- 
mination at  terms  held  within  the  counties  in  which  the  same  are 
pending.  Until  the  legislature  shall  otherwise  provide  the  clerk  of 
the  court  of  general  sessions  in  and  for  the  city  and  county  of  New 
York  and  the  chief  clerk  of  the  county  court  in  each  of  the  counties 
of  Kings,  Queens,  Richmond  and  Bronx,  shall  act  within  his 
county  as  clerk  of  the  court  of  general  sessions  of  the  city  of  New 
York,  and  the  presiding  judge  of  such  court  shall  make  such  rules 


708  JOURNAL  OF  THE 

and  regulations  respecting  such  clerks'  offices  and  the  distribution 
of  the  business  of  the  court  in  the  said  several  counties  as  from 
time  to  time  may  be  expedient. 

Section  21.  The  city  court  of  the  city  of  New  York  is  continued, 
and  from  and  after  the  first  day  of  January,  one  thousand  nine 
hundred  and  seventeen,  it  shall  have  the  same  jurisdiction  and 
power  throughout  the  city  of  New  York,  under  the  name  of  the 
city  court  of  New  York,  as  it  now  possesses  within  the  county  of 
New  York  and  the  county  of  Bronx  and  original  jurisdiction  in 
actions  for  the  recovery  of  money  only  in  which  the  complaint 
demands  judgment  for  a  sum  not  exceeding  three  thousand  dol- 
lars. Such  court  shall  have  likewise  the  equity  jurisdiction  now 
possessed  by  county  courts  but  such  jurisdiction  shall  be  exercised 
only  within  the  respective  counties  of  such  city  by  the  judges 
elected  within  such  counties.  It  shall  consist  of  the  judges 
then  in  office  who  shall  continue  to  be  judges  of -the  court  for  the 
remainder  of  the  terms  for  which  they  respectively  were  elected  or 
appointed,  and  the  additional  judges  to  be  elected  as  provided  in 
this  section.  The  judges  who  were  elected  or  appointed  as  judges 
of  the  city  court  of  the  city  of  New  York,  until  the  expiration  of 
the  terms  for  which  they  were  respectively  elected  or  appointed, 
shall  be  paid  the  salaries  now  fixed  by  law  for  such  judges.  Their 
successors  shall  be  elected  by  the  electors  of  the  county  of  New 
York  and  shall  hold  office  for  ten  years.  There  shall  also  be  ^.Ye 
additional  judges,  two  of  whom  shall  reside  in  and  be  chosen  by 
the  electors  of  the  county  of  Kings,  and  one  of  wliom  shall  reside 
in  and  be  chosen  by  the  electors  in  each  of  the  counties  of  Bronx, 
Richmond  and  Queens,  all  of  whom  shall  be  elected  at  the  general 
election  in  November,  one  thousand  nine  hundred  and  sixteen,  and 
they  and  their  successors,  who  shall  be  chosen  in  like  manner,  shall 
hold  office  for  ten  years.  Until  the  legislature  shall  otherwise  pro- 
vide the  judge  of  the  city  court  chosen  in  the  county  of  Richmond 
shall  be  surrogate  of  that  county.  The  legislature  may  provide  for 
a  surrogate  for  the  county  of  Richmond.  The  legislature  may  in 
its  discretion  authorize  the  election  of  two  additional  judges,  one 
to  reside  in  and  be  chosen  by  the  electors  of  the  respective  counties 
of  Bronx  and  Kings.  The  judges  elected  as  in  this  section 
provided  shall  receive  from  the  city  a  compensation  to  be  fixed 
by  the  legislature.  The  judges  of  the  city  court  of  New  York 
shall  choose  one  of  their  own  number  to  be  the  presiding  judge 
thereof  who  shall  be  charged  with  the  general   administration 


CONSTITUTIONAL  CONVENTION  709 

of  the  court  and  assign  the  judges  to  hold  the  terms  thereof, 
subject  to  such  regulations  as  the  presiding  justices  of  the  ap- 
pellate divisions  of  the  supreme  court  in  the  first  and  second 
departments  shall  from  time  to  time  prescribe.  The  judges  shall 
have  power  to  appoint  and  remove  a  clerk,  who  shall  keep  his 
office  at  a  place  to  be  designated  by  the  court.  All  civil  actions  or 
proceedings  on  the  first  day  of  January,  one  thousand  nine  hun- 
dred and  seventeen,  pending  in  the  county  courts  of  the  counties  of 
Kings,  Queens,  Richmond  and  Bronx,  respectively,  shall  there- 
upon be  transferred  to  the  city  court  of  New  York  for  hearing  and 
determination,  which  court  for  the  purpose  only  of  such  hearing 
and  determination  and  the  enforcement  of  the  judgments  rendered 
thereon  shall  have  and  exercise  the  jurisdiction  previously  vested 
in  the  respective  county  courts  from  which  such  cases  are  so  trans- 
ferred, at  terms  held  within  the  counties  in  which  the  same  are 
pending.  Until  the  legislature  shall  otherwise  provide,  the  clerk 
of  the  city  court  of  the  city  of  New  York  and  the  chief  clerk 
of  the  county  court  in  each  of  the  counties  of  Kings,  Queens, 
Richmond  and  Bronx,  shall  act  within  his  county  as  clerk  of  the 
city  court  of  New  York,  and  the  presiding  judge  of  the  court  shall 
make  such  rules  and  regulations  respecting  the  clerks'  offices  and 
the  distribution  of  the  business  of  the  court  in  the  said  several 
counties  as  from  time  to  time  may  be  expedient,  subject  to  regu- 
lations of  the  presiding  justices  of  the  first  and  second  depart- 
ments as  aforesaid. 

Section  22.  Inferior  local  courts  of  civil  and  criminal  juris- 
diction may  be  established  by  the  legislature,  but  no  inferior  local 
court  created  after  the  first  day  of  January,  one  thousand  eight 
hundred  and  ninety-five,  shall  be  a  court  of  record.  Except  as 
herein  provided  the  legislature  shall  not  hereafter  confer  upon 
any  inferior  local  court  of  its  creation  any  equity  jurisdiction  or 
any  greater  jurisdiction  in  other  respects  than  is  conferred  upon 
county  courts  by  or  under  this  article. 

The  legislature  may,  however,  provide  that  the  territorial  juris- 
diction of  any  inferior  local  court  now  existing  or  hereafter  es- 
tablished in  any  city  or  village  or  of  justices  of  the  peace  in  cities 
shall  extend  throughout  the  county  in  which  such  court  or  justice 
is  located,  and  also  throughout  such  city  or  village  irrespective  of 
town  or  county  lines.  The  legislature  may  also  create  civil  divi- 
sions consisting  of  not  to  exceed  three  contiguous  towns  or  parts 
thereof  for  the  purpose  of  establishing  therein  inferior  local  courts 


710  JOURNAL  OF  THE 

having  territorial  jurisdiction  throughout  the  county  or  counties 
in  which  such  towns  are  situated.  The  legislature  may  confer 
upon  any  inferior  local  court  power  to  try  without  a  jury  offenses 
of  the  grade  of  misdemeanor.  The  legislature  may  establish  chil- 
dren's courts,  and  courts  of  domestic  relations,  as  separate  courts, 
or  parts  of  existing  courts  or  courts  hereafter  to  be  created,  and 
may  confer  upon  them  such  equity  and  other  jurisdiction  as  may 
be  necessary  for  the  correction,  protection,  guardianship  and  dis- 
position of  delinquent,  neglected  or  dependent  minors,  and  for 
the  punishment  and  correction  of  adults  responsible  for  or  contrib- 
uting to  such  delinquency,  neglect  or  dependency,  and  of  all  per- 
sons legally  chargeable  with  the  support  of  a  wife  or  children  who 
abandon  or  neglect  to  support  either.  In  the  exercise  of  such 
jurisdiction  such  courts  may  hear  and  determine  such  causes,  with 
or  without  a  jury,  except  those  involving  a  felony.  Except  as 
in  this  article  otherwise  provided,  all  judicial  officers  shall  be 
elected  or  appointed  at  such  times  and  in  such  manner  as  the  legis- 
lature may  direct. 

Section  23.  Clerks  of  the  several  counties  shall  be  clerks  of 
the  supreme  court,  with  such  powers  and  duties  as  shall  be  pre- 
scribed by  law.  The  justices  of  the  appellate  division  in  each  de- 
partment shall  have  power  to  appoint  and  to  remove  a  clerk  who 
shall  keep  his  office  at  a  place  to  be  designated  by  such  justices. 
The  clerk  of  the  court  of  appeals  shall  keep  his  office  at  the  seat  of 
government.  The  clerk  of  the  court  of  appeals  and  the  clerks  of 
the  appellate  divisions  shall  receive  compensation  to  be  established 
by  law  and  paid  out  of  the  public  treasury. 

Section  24.  No  judicial  officer,  except  justices  of  the  peace, 
shall  receive  to  his  own  use  any  fees  or  perquisites  of  office ;  nor 
shall  any  judge  of  the  court  of  appeals,  or  justice  of  the  supreme 
court,  or  any  county  judge  or  surrogate  hereafter  elected  in  a 
county  having  a  population  exceeding  one  hundred  and  twenty 
thousand,  practice  as  an  attorney  or  counselor  in  any  court  of 
record  in  this  state,  or  act  as  referee.  The  legislature  may  im- 
pose a  similar  prohibition  upon  county  judges  and  surrogates  in 
other  counties.  No  one  shall  be  eligible  to  the  office  of  judge 
of  the  court  of  appeals,  justice  of  the  supreme  court,  or,  except 
in  the  county  of  Hamilton,  to  the  office  of  county  judge  or  surro- 
gate, who  is  not  an  attorney  and  counselor  of  this  state. 

Section  25.  The  legislature  shall  provide  for  the  speedy  pub- 
lication of  all  statutes,  civil  practice  rules  and  rules  of  court,  and 


CONSTITUTIONAL  CONVENTION  711 

the  collection,  compilation  and  publication  annually  of  the  civil 
and  criminal  judicial  statistics  of  the  state,  and  shall  regulate 
the  reporting  of  the  decisions  of  the  courts ;  but  all  laws  and  judi- 
cial decisions  shall  be  free  for  publication  by  any  person. 

Section  26.  Justices  of  the  peace  and  other  local  judicial  officers 
provided  for  in  sections  nineteen  and  twenty-two,  in  office  when  this 
article  takes  effect,  shall  hold  their  offices  until  the  expiration 
of  their  respective  terms. 

Section  27.  Courts  of  special  sessions  and  inferior  local  courts 
of  similar  character  shall  have  such  jurisdiction  of  offenses  of  the 
grade  of  misdemeanors  as  may  be  prescribed  by  law. 

Section  28.  Commissioners  of  jurors  now  in  office  shall  hold 
their  offices  until  the  expiration  of  their  respective  terms.  The 
legislature  may  provide  for  the  appointment  of  a  commissioner  of 
jurors  in  any  county ;  in  a  county  in  the  first  and  second  judicial 
districts,  by  the  respective  appellate  divisions  of  the  supreme  court 
embracing  those  districts,  and  in  a  county  in  the  other  judicial 
districts,  by  the  justices  of  the  supreme  court  resident  in  the  judi- 
cial district  embracing  such  county.  The  legislature  shall  define 
the  duties  of  commissioners  of  jurors,  fix  their  terms  of  office  ancf 
their  compensation  which  shall  be  a  county  charge. 

Section  29.  Laws  may  be  passed  to  provide  for  a  system  of 
judicial  authentication,  registration  and  guaranty  by  the  state,  or 
by  any  county  thereof,  of  titles  to  real  property,  the  determination 
of  adverse  claims  to  and  interests  therein,  and  the  establishment  by 
means  of  fees  or  otherwise  of  assurance  funds  to  make  such  sys- 
tem operative.  Such  administrative  powers  as  are  necessary  may 
be  conferred  on  existing  courts  of  record. 

ARTICLE  IX. 

Section  1.  The  credit  of  the  state  shall  not  in  any  manner  be 
given  or  loaned  to  or  in  aid  of  any  individual,  association  or  cor- 
poration. 

Section  2.  The  state  may  contract  debts  in  anticipation  of  the 
receipt  of  taxes  and  revenues,  direct  or  indirect,  for  the  purposes 
and  within  the  amounts  of  appropriations  theretofore  made ;  bonds 
or  other  obligations  for  the  moneys  so  borrowed  shall  be  issued  as 
may  be  provided  by  law,  and  shall  with  the  interest  thereon  be  paid 
from  such  taxes  and  revenues  within  one  year  from  llie  date  of 
issue. 


712  JOURNAL  OF  THE 

Section  3.  In  addition  to  the  above  limited  power  to  contract 
debts,  the  state  may  contract  debts  to  repel  invasion,  suppress  in- 
surrection, or  defend  the  state  in  war ;  but  the  money  arising  from 
the  contracting  of  such  debts  shall  be  applied  to  the  purpose  for 
which  it  was  raised,  or  to  repay  such  debts,  and  to  no  other  pur- 
pose whatever. 

Section  4.  Except  the  debts  specified  in  sections  two  and  three 
of  this  article,  no  debt  shall  be  hereafter  contracted  by  or  in  behalf 
of  this  state,  unless  such  debt  shall  be  authorized  by  law,  for  some 
single  work  or  object,  to  be  distinctly  specified  therein.  On  the 
final  passage  of  such  bill  in  either  house  of  the  legislature,  the 
question  shall  be  taken  by  yeas  and  nays,  to  be  duly  entered  on  the 
journals  thereof,  and  shall  be:  "  Shall  this  bill  pass  and  ought  the 
same  to  receive  the  sanction  of  the  people  ?  "  No  such  law  shall 
take  effect  until  it  shall,  at  a  general  election,  have  been  submitted 
to  the  people,  and  have  received  a  majority  of  all  the  votes  cast 
for  and  against  it  at  such  election  nor  shall  it  be  submitted  to  be 
voted  on  within  three  months  after  its  passage  nor  at  any  general 
election  when  any  other  law,  or  any  bill  shall  be  submitted  to  be 
voted  for  or  against.  The  legislature  may,  at  any  time  after  the 
approval  of  such  law  by  the  people,  if  no  debt  shall  have  been 
contracted  in  pursuance  thereof,  repeal  the  same ;  and  may  at  any 
time  by  law  forbid  the  contracting  of  any  further  debt  or  liability 
under  such  law. 

Except  the  debts  specified  in  sections  two  and  three  of  this 
article,  all  debts  contracted  by  the  state  after  the  second  day  of 
November,  one  thousand  nine  hundred  and  fifteen,  pursuant  to 
an  authorization  therefor,  heretofore  or  hereafter  made  and  each 
portion  of  any  such  debt  from  time  to  time  so  contracted  irre- 
spective of  the  terms  of  such  authorization,  shall  be  paid  in  equal 
annual  instalments,  the  first  of  which  shall  be  payable  not  more 
than  one  year,  and  the  last  of  which  shall  be  payable  not  more 
than  fifty  years,  after  such  debt  or  portion  thereof  shall  have 
been  contracted.  No  such  debt  hereafter  authorized  shall  be  con- 
tracted for  a  period  longer  than  that  of  the  probable  life  of  the 
work  or  object  for  which  the  debt  is  to  be  contracted,  to  be  deter- 
mined by  general  laws,  which  determination  shall  be  conclusive. 

The  legislature  may  from  time  to  time  alter  the  rate  of  interest 
to  be  paid  upon  any  state  debt  which  has  been  or  may  be  author- 
ized pursuant  to  the  provisions  of  this  section  or  upon  any  part 
of  such  debt,  provided,  however,  that  the  race  of  interest  shall  not 


CONSTITUTIONAL  CONVENTION  713 

be  altered  upon  any  part  of  such  debt  or  upon  any  bond  or  other 
evidence  thereof  which  has  been  or  shall  be  created  or  issued  be- 
fore such  alteration. 

The  money  arising  from  any  loan  creating  such  debt  or  liability 
shall  be  applied  to  the  work  or  object  specified  in  the  act  authoriz- 
ing such  debt  or  liability,  or  for  the  payment  of  such  debt  or  lia- 
bility and  for  no  other  purpose  whatever. 

Section  5.  The  sinking  funds  provided  for  the  payment  of  in- 
terest and  the  extinguishment  of  the  principal  of  the  debts  of  the 
state  heretofore  contracted  shall  be  continued ;  they  shall  be  sepa- 
rately kept  and  safely  invested  and  neither  of  them  shall  be  ap- 
propriated or  used  in  any  manner  other  than  for  such  payment  and 
extinguishment  as  hereinafter  provided.  The  comptroller  shall 
each  year  appraise  the  securities  held  for  investment  in  each  of 
such  funds  at  their  fair  market  value  not  exceeding  par.  He  shall 
then  determine  and  certify  to  the  legislature  the  amount  of  each 
of  such  funds  and  the  amounts  which,  if  thereafter  annually  con- 
tributed to  each  such  fund,  would,  with  the  fund  and  with  the 
accumulations  thereon  and  upon  the  contributions  thereto,  com- 
puted at  the  rate  of  three  per  centum  per  annum,  produce  at  the 
date  of  maturity  the  amount  of  the  debt  to  retire  which  such  fund 
was  created,  and  the  legislature  shall  thereupon  appropriate  as 
the  contribution  to  each  such  fund  for  such  year  at  least  the 
amount  thus  certified. 

If  the  income  of  any  such  fund  in  any  year  is  more  than  a  sum 
which,  if  annually  added  to  such  fund  would,  with  the  fund  and 
its  accumulations  as  aforesaid,  retire  the  debt  at  maturity,  the  ex- 
cess income  may  be  applied  to  the  interest  on  the  debt  for  which 
the  fund  was  ereated. 

After  any  sinking  fund  shall  equal  in  amount  the  debt  for 
which  it  was  created  no  further  contribution  shall  be  made  thereto 
except  to  make  good  any  losses  ascertained  at  the  annual  ap- 
praisals above  mentioned,  and  the  income  thereof  shall  be  applied 
to  the  payment  of  the  interest  on  such  debt.  Any  excess  in  such 
income  not  required  for  the  payment  of  interest  may  be  applied  to 
the  general  fund  of  the  state. 

The  legislature  may  also  by  general  laws  provide  means  and 
authority  whereby  outstanding  bonds  of  the  state,  for  which  sink- 
ing funds  are  provided,  may  be  exchanged  at  par  for  cancellation, 
for  serial  bonds  of  the  form  authorized  under  section  four  of  this 
article,  upon  such  terms  and  conditions  as  to  interest  and  other- 
wise as  it  may  in  its  discretion  authorize  or  determine,  except  that 


714  JOURNAL  OF  THE 

the  debt  as  thus  refunded  shall  finally  mature  no  later  and  at  no 
greater  comparative  cost  to  the  state  than  the  original  debt;  the 
determination  of  the  legislature  as  to  such  comparative  cost  shall 
be  conclusive.  No  further  contributions  to  the  respective  sinking 
funds  shall  be  made  on  account  of  bonds  so  exchanged  and  the 
proportion  of  any  such  sinking  fund  which  the  amount  of  the 
bonds  so  exchanged  shall  bear  to  the  amount  of  bonds  outstanding 
of  the  same  issue  may  be  appropriated,  as  required,  for  the  pay- 
ment of  the  substituted  serial  bonds. 

Section  6.  The  legislature  shall  annually  provide  by  appro- 
priation for  the  payment  of  the  interest  upon  and  instalments 
of  principal  of  all  debts  created  on  behalf  of  the  state  except 
those  contracted  under  section  two  of  this  article,  as  the  same 
shall  fall  due,  and  for  the  contribution  to  all  of  the  sinking  funds 
heretofore  created  by  law,  of  the  amounts  annually  to  be  contrib- 
uted under  the  provisions  of  section  five  of  this  article.  If  at  any 
time  the  legislature  shall  fail  to  make  any  such  appropriation,  the 
comptroller  shall  set  apart  from  the  first  revenues  thereafter  re- 
ceived, applicable  to  the  general  fund  of  the  state,  a  sum  sufficient 
to  pay  such  interest,  instalments  of  principal,  or  contributions  to 
such  sinking  fund,  as  the  case  may  be,  and  shall  so  apply  the 
moneys  thus  set  apart.  The  comptroller  may  be  required  to  set 
aside  and  apply  such  revenues  as  aforesaid,  at  the  suit  of  any 
holder  of  such  bonds. 

Section  7.  Debts  hereafter  authorized  for  the  improvement  of 
highways  shall  be  created  only  in  the  manner  provided  in  section 
four  of  this  article.  No  provision  of  this  article  shall  be  deemed 
to  impair  or  affect  the  validity  of  any  debt  of  the  state  heretofore 
contracted  or  any  right  or  obligation  heretofore  created  between 
the  state  and  any  of  its  civil  divisions. 

Section  8.  The  moneys  authorized  to  be  raised  by  the  sale  of 
highway  bonds  pursuant  to  the  law  approved  by  vote  of  the  people 
at  the  general  election  held  in  the  year  one  thousand  nine  hundred 
and  twelve,  which  have  been  apportioned  to  certain  counties  in 
excess  of  the  sums,  to  be  determined  by  the  comptroller,  which  are 
or  will  be  required  to  construct  and  improve  the  highways  there- 
tofore determined  by  general  laws  to  be  constructed  and  improved 
in  such  counties,  shall  be  applied  by  the  superintendent  of  public 
works  after  appropriation  by  the  legislature  to  the  construction 
and  improvement  of  such  state  routes  and  portions  thereof,  as 
were  defined  by  law  when  such  bonds  were  authorized,  and  located 
outside  of  such  counties,  as  it  may  deem  expedient. 


CONSTITUTIONAL  CONVENTION  715 

Section  9.  Neither  the  legislature,  canal  board,  nor  any  person 
or  persons  acting  in  behalf  of  the  state,  shall  audit,  allow,*  or 
pay  any  claim  which,  as  between  citizens  of  the'  state,  would 
be  barred  by  lapse  of  time.  This  provision  shall  not  be  construed 
to  repeal  any  statute  fixing  the  time  within  which  claims  shall 
be  presented  or  allowed,  nor  shall  it  extend  to  any  claims  duly 
presented  within  the  time  allowed  by  law,  and  prosecuted  with 
due  diligence  from  the  time  of  such  presentment.  But  if  the 
claimant  shall  be  under  legal  disability,  the  claim  may  be  pre- 
sented within  two  years  after  such  disability  is  removed. 

Section  10.  The  legislature  shall  not  sell,  lease  or  otherwise 
dispose  of  the  Erie  canal,  the  Oswego  canal,  the  Champlain  canal, 
the  Cayuga  and  Seneca  canal,  the  Black  River  canal,  or  canal 
terminals  heretofore  or  hereafter  constructed,  nor  shall  any  ease- 
ment in  or  incumbrance  on  such  canals  or  terminals  be  created; 
but  they  shall  remain  the  property  of  the  state  and  under  its 
management  forever.  When  necessary  in  the  opinion  of  the  su- 
perintendent of  public  works,  easements  in  canal  lands  may  be 
granted  for  purposes  of  bridge  construction,  provided  that  such 
easements  shall  not  interfere  with  or  impair  the  use  of  the  canals. 
The  canals  to  which  such  prohibition  applies  shall  be  those  now 
known  as  the  Erie,  the  Oswego,  the  Champlain,  the  Cayuga  and 
Seneca,  and  the  Black  River  canals  until  the  barge  canal  improve- 
ment under  chapter  one  hundred  and  forty-seven  of  the  laws  of  one 
thousand  nine  hundred  and  three,  as  heretofore  amended,  and  chap- 
ter three  hundred  and  ninety-one  of  the  laws  of  one  thousand  nine 
hundred  and  nine,  as  heretofore  amended,  shall  have  been  com- 
pleted, when  such  prohibition  shall  apply  only  to  the  said  termi- 
nals, the  Black  River  canal,  the  said  improved  canals,  the  por- 
tions of  existing  canals  heretofore  reserved  for  barge  canal  or 
canal  terminal  purposes  by  statute,  the  existing  inland  Erie  canal 
from  Tonawanda  creek  to  connection  with  the  Black  Rock  harbor, 
those  portions  of  the  Erie  and  Champlain  canals  heretofore  re- 
served by  chapter  two  hundred  and  forty-three  of  the  laws  of  one 
thousand  nine  hundred  and  thirteen  and  canal  slips  numbers  one 
and  two  in  the  city  of  Buffalo ;  provided,  however,  that  in  the  city 
of  Utica  that  portion  of  the  existing  Erie  canal  between  Schuyler 
and  Third  streets  may  be  sold  or  otherwise  disposed  of  on  condi- 
tion that  a  flow  of  sufficient  water  from  Schuyler  to  Third  street 
to  feed  that  portion  of  the  canal  east  of  Third  street  be  main- 
tained. The  abandonment,  sale  or  other  disposition  of  canals 
or  canal  property  shall  be  under  and  pursuant  to  general  laws 


716  JOURNAL  OF  THE 

only  and  such  laws  shall  secure  to  the  state  the  fair  appraised 
value  of  the  property  which  may  be  abandoned  and  sold.  Such 
general  laws  may  provide  for  the  abandonment  of  portions  of  the 
existing  canals  which  by  reason  of  the  completion  of  parts  of  the 
barge  canals  shall  have  become  unnecessary  for  purposes  of  navi- 
gation and  shall  be  certified  by  the  superintendent  of  public  works 
to  have  become  so. 

Real  property  which  has  been  or  which  may  hereafter  be  ap- 
propriated for  canal  purposes  shall  be  deemed  to  be  held  by  the 
state  in  fee  unless  expressly  taken  for  temporary  purposes. 

The  leasing  of  surplus  waters  of  any  of  the  state  canals  or  canal 
feeders  or  of  any  waters  impounded  by  the  construction  of  dams, 
reservoirs  or  other  structures  shall  hereafter  be  pursuant  to 
general  laws  only,  but  this  provision  shall  not  authorize  the  use 
for  other  than  navigation  purposes  of  water  diverted  from 
the  Black  river  watershed  to  feed  the  Erie  canal.  No  such 
lease  nor  the  use  of  waters  thereunder  shall  in  any  way  injure, 
impair,  interfere  with,  or  endanger  navigation  or  the  construction, 
use,  maintenance,  operation  or  safety  of  the  canals  or  of  other 
property  of  the  state.  Each  lease  shall  be  for  a  stated  period  not 
exceeding  thirty  years  and  shall  reserve  to  the  state  the  right, 
whenever  in  the  opinion  of  those  having  charge  of  the  manage- 
ment and  operation  of  the  canals  the  needs  of  navigation  require 
it,  to  terminate  or  suspend  the  same  and  to  regulate  or  alter  the 
amount  of  water  to  be  used  thereunder,  together  with  the  corre- 
sponding compensation  therefor,  without  incurring  liability  upon 
the  part  of  the  state. 

Section  11.  No  tolls  shall  hereafter  be  imposed  on  persons  or 
property  transported  on  the  canals,  but  all  boats  navigating  the 
canals  and  the  owners  and  masters  thereof,  shall  be  subject  to 
such  laws  and  regulations  as  have  been  or  may  hereafter  be  en- 
acted concerning  the  navigation  of  the  canals.  The  legislature 
shall  annually,  by  equitable  taxes,  make  provision  for  the  ex- 
penses of  the  superintendence  and  repairs  of  the  canals.  All 
contracts  for  work  or  materials  on  any  canal  shall  be  made  with 
the  persons  who  shall  offer  to  do  or  provide  the  same  at  the  lowest 
price,  with  adequate  security  for  their  performance.  No  extra 
compensation  shall  be  made  to  any  contractor;  but  if,  from  any 
unforeseen  cause,  the  terms  of  any  contract  shall  prove  to  be  un- 
just and  oppressive,  the  canal  board  may,  upon  the  application  of 
the  contractor,  cancel  such  contract. 

Section  12.  The  canals  may  be  improved  in  such  manner  as 


CONSTITUTIONAL  CONVENTION 


717 


the  legislature  shall  provide  by  law.  A  debt  may  be  authorized 
for  that  purpose  in  the  mode  prescribed  by  section  four  of  this 
article,  or  the  cost  of  such  improvement  may  be  defrayed  by  the 
appropriation  of  funds  from  the  state  treasury,  or  by  equitable 
annual  tax. 

The  reading  of  said  Constitution,  to  and  including  Article  IX 
thereof  having  been  concluded,  the  Convention  adjourned  until 
Friday,  September  10th  at  10  o'clock  a.  m. 


FRIDAY,  SEPTEMBER  10,  1915 

The  Convention  met  pursuant  to  adjournment,  Mr.  President 
in  the  chair. 

Prayer  by  Eight  Kev.  Thomas  F.  Cusack. 

On  motion  of  Mr.  Wickersham,  the  Journal  of  Saturday,  Sep- 
tember 4th,  was  approved. 

Upon  the  direction  of  the  President,  the  Secretary  called  the 
roll  of  delegates  and  the  following  responded : 


Adams 

Curran 

Harawitz 

O'Connor 

Smith  T  F 

Aheani 

Dahm 

Heaton 

Olcott 

Standart 

Aiken 

Daly 

Johnson 

Ostrander 

Steinbrink 

Allen  FC 

Dennis 

Jones 

Parker 

Stimson 

Angell 

Deyo 

Kirby 

Parsons 

Stowell 

Austin 

Dick 

Landreth 

Pelletreau 

Tierney 

Baldwin 

Donnelly 

Latson 

Phillips  S  K 

Tuck 

Bannister 

Donovan 

Law 

Quigg 

Unger 

Barrett 

Dooling 

Leary 

Reeves 

Vanderlyn 

Bayes 

Doughty 

Leggett 

Rhees 

Wadsworth 

Beach 

Drummond 

Lennox 

Richards 

Wagner 

Bell 

Dunlap 

Lincoln 

Rodenbeck 

Ward 

Bern 

Dunmore 

Linde 

Rosch 

Waterman 

Betts 

Dykman 

Lindsay 

Ryan 

Webber  C  A 

Blauvelt 

Endres 

Low 

Ryder 

Weber  R  E 

Bockes 

Eppig 

McKean 

Sanders 

Weed 

Brackett 

Fancher 

Mandeville 

Sargent 

Westwood 

Brenner 

Fobes 

Marshall 

Saxe  J  G 

Whipple 

Bunce 

Fogarty 

Martin  F 

Schoonhut 

White  C  J 

Burkan 

Foley 

Martin  L  M 

Schurman 

Wickersham 

Buxbaum 

Ford 

Mathewson 

Sears 

Wiggins 

Byrne 

Frank 

Mealey 

Sharpe 

Williams 

Clearwater 

Gladding 

Mereness 

Sheehan 

Winslow 

Clinton 

Greff 

Nixon 

Shipman 

Wood 

Cobb 

Griffin 

Nye 

Slevin 

Young  C  H 

Coles 

Haffen 

O'Brian  J  L 

Smith  A  E 

Young  F  L 

Cullinan 

Hale 

O'Brien  M  J 

Smith  R  B 

President 

Upon  the  direction  of  the  President,  the  Secretary  resumed  the 


718  JOURNAL  OF  THE 

reading  of  the  engrossed  Constitution  beginning  at  Article  10 
thereof ,  in  words  following: 

ARTICLE  X. 

Section  1.  The  power  of  taxation  shall  never  be  surrendered, 
suspended  or  contracted  away,  except  as  to  the  securities  of  the 
state  or  a  civil  division  thereof.  Hereafter  no  exemption  from 
taxation  shall  be  granted  except  by  general  laws  and  upon  the 
affirmative  vote  of  two-thirds  of  all  the  members  elected  to  each 
house. 

Section  2.  Taxes  shall  be  imposed  by  general  laws  and  for 
public  purposes  only.  The  legislature  shall  prescribe  how  tax- 
able subjects  shall  be  assessed  and  provide  for  officers  to  execute 
laws  relating  to  the  assessment  and  collection  of  taxes,  any  pro- 
vision of  section  two  of  article  thirteen  of  this  constitution  to  the 
contrary  notwithstanding.  The  legislature  shall  provide  for  the 
supervision,  review  and  equalization  of  assessments. 

Section  3.  For  the  assessment  of  real  property,  heretofore 
locally  assessed,  the  legislature  shall  establish  tax  districts,  none 
of  which,  unless  it  be  a  city,  shall  embrace  more  than  one  county. 
The  assessors  therein  shall  be  elected  by  the  electors  of  such  dis- 
tricts or  appointed  by  such  authorities  thereof  as  shall  be  desig- 
nated by  law.  The  legislature  may  provide  that  the  assessment 
roll  of  each  larger  district  shall  serve  for  all  the  lesser  tax  dis- 
tricts within  its  boundaries.  No  such  tax  district  larger  than  a 
town,  except  a  city,  shall  be  established  until  the  law  providing 
therefor  shall  have  been  adopted  by  a  vote  of  a  majority  of  the 
electors  voting  thereon  in  such  proposed  district  at  an  election  for 
which  provision  shall  be  made  by  law.  The  legislature  may, 
however,  provide  for  the  assessment  by  state  authorities  of  all 
the  property  of  designated  classes  of  public  service  corporations. 

ARTICLE  XL 

Section  1.  Corporations  may  be  formed  under  general  laws; 
but  shall  not  be  created  by  special  act,  except  for  municipal  pur- 
poses, and  in  cases  where,  in  the  judgment  of  the  legislature, 
the  objects  of  the  corporation  cannot  be  attained  under  general 
laws.  All  general  laws  and  special  acts  passed  pursuant  to  this 
section  may  be  altered  from  time  to  time  or  repealed. 

Section  2.  Dues  from  corporations  shall  be  secured  by  such  in- 
dividual liability  of  the  corporators  and  other  means  as  may  be 
prescribed  by  law. 

Section  3.  The  term  corporations  as  used  in  this  article  shall 


CONSTITUTIONAL  CONVENTION  719 

be  construed  to  include  all  associations  and  joint  stock  companies 
having  any  of  the  powers  or  privileges  of  corporations  not  pos- 
sessed by  individuals  or  partnerships.  And  all  corporations  shall 
have  the  right  to  sue  and  shall  be  subject  to  be  sued  in  all  courts 
in  like  cases  as  natural  persons. 

Section  4.  The  legislature  shall,  by  general  law,  conform  all 
charters  of  savings  banks,  or  institutions  for  savings,  to  a  uni- 
formity of  powers,  rights  and  liabilities,  and  all  charters  hereafter 
granted  for  such  corporations  shall  be  made  to  conform  to  such 
general  law,  and  to  such  amendments  as  may  be  made  thereto. 
And  no  such  corporation  shall  have  any  capital  stock,  nor  shall  the 
trustees  thereof,  or  any  of  them,  have  any  interest  whatever, 
direct  or  indirect,  in  the  profits  of  such  corporation;  and  no 
director  or  trustee  of  any  such  bank  or  institution  shall  be  in- 
terested in  any  loan  or  use  of  any  money  or  property  of  such  bank 
or  institution  for  savings.  The  legislature  shall  have  no  power  to 
pass  any  act  granting  any  special  charter  for  banking  purposes; 
but  corporations  or  associations  may  be  formed  for  such  purposes 
under  general  laws. 

Section  5.  The  legislature  shall  have  no  power  to  pass  any  law 
sanctioning  in  any  manner,  directly  or  indirectly,  the  suspen- 
sion of  specie  payments,  by  any  person,  association  or  corporation, 
issuing  bank  notes  of  any  description. 

Section  6.  The  legislature  shall  provide  by  law  for  the  registry 
of  all  bills  or  notes,  issued  or  put  in  circulation  as  money,  and 
shall  require  ample  security  for  the  redemption  of  the  same  in 
specie. 

Section  7.  The  stockholders  of  every  corporation  and  joint 
stock  association  for  banking  purposes,  shall  be  individually  re- 
sponsible' to  the  amount  of  their  respective  share  or  shares  of 
stock  in  any  such  corporation  or  association,  for  all  its  debts  and 
liabilities  of  every  kind. 

Section  8.  In  case  of  the  insolvency  of  any  bank  or  banking 
association,  the  billholders  thereof  shall  be  entitled  to  preference 
in  payment,  over  all  other  creditors  of  such  bank  or  association. 

Section  9.  Neither  the  credit  nor  the  money  of  the  state  shall 
be  given  or  loaned  to  or  in  aid  of  any  association,  corporation  or 
private  undertaking.  This  seqtion  shall  not,  however,  prevent 
the  legislature  from  making  such  provision  for  the  education  and 
support  of  the  blind,  the  deaf  and  dumb,  and  juvenile  delinquents, 
as  to  it  may  seem  proper.  Nor  shall  it  apply  to  any  fund  or  prop- 
erty now  held,  or  which  may  hereafter  be  held,  by  the  state  for 
educational  purposes. 


720  JOUKNAL  OF  THE 

Section  10.  No  county,  city,  town  or  village  shall  hereafter 
give  any  money  or  property,  or  loan  its  money  or  credit  to  or  in 
aid  of  any  individual,  association  or  corporation,  or  become  di- 
rectly or  indirectly  the  owner  of  stock  in,  or  bonds  of,  any  associa- 
tion or  corporation ;  nor  shall  any  such  county,  city,  town'  or  village 
be  allowed  to  incur  any  indebtedness  except  for  county,  city,  town 
or  village  purposes.  This  section  shall  not  prevent  such  county, 
city,  town  or  village  from  making  such  provision  for  the  aid  or 
support  of  its  poor  as  may  be  authorized  by  law. 

Section  11.  No  county  or  city  shall  be  allowed  to  become  in- 
debted for  any  purpose  or  in  any  manner  to  an  amount  which,  in- 
cluding existing  indebtedness,  shall  exceed  ten  per  centum  of  the 
assessed  valuation  of  the  real  estate  of  such  county  or  city  subject 
to  taxation,  as  it  appeared  by  the  assessment  rolls  of  such  county  or 
city  on  the  last  assessment  for  state  or  county  taxes  prior  to  the  in- 
curring of  such  indebtedness;  and  all  indebtedness  in  excess 
of  such  limitation,  except  such  as  now  may  exist,  shall  be 
absolutely  void,  except  as  herein  otherwise  provided.  No 
county  or  city  whose  present  indebtedness  exceeds  ten  per 
centum  of  the  assessed  valuation  of  its  real  estate  subject 
to  taxation,  shall  be  allowed  to  become  indebted  in  any 
further  amount  until  such  indebtedness  shall  be  reduced  within 
such  limit.  This  section  shall  not  be  construed  to  prevent  the 
issuing  of  certificates  of  indebtedness  or  revenue  bonds  issued  in 
anticipation  of  the  collection  of  taxes  for  amounts  actually  con- 
tained, or  to  be  contained  in  the  taxes  for  the  year  when  such 
certificates  or  revenue  bonds  are  issued  and  payable  out  of  such 
taxes;  nor  to  prevent  the  city  of  New  York  from  issuing  bonds 
to  be  redeemed  out  of  the  tax  levy  for  the  year  next  succeeding 
the  year  of  their  issue,  provided  that  the  amount  of  such  bonds 
which  may  be  issued  in  any  one  year  in  excess  of  the  limitations 
herein  contained  shall  not  exceed  one-tenth  of  one  per  centum  of 
the  assessed  valuation  of  the  real  estate  of  such  city  subject  to 
taxation.  Nor  shall  this  section  be  construed  to  prevent  the  issue 
of  bonds  to  provide  for  the  supply  of  water.  All  certificates  of 
indebtedness  or  revenue  bonds  issued  in  anticipation  of  the  col- 
lection of  taxes,  which  are  not  retired  within  five  years  after 
their  date  of  issue,  and  bonds  issued  to  provide  for  the  supply 
of  water,  and  any  debt  hereafter  incurred  by  any  portion  or 
part  of  a  city,  if  there  shall  be  any  such  debt,  shall  be  included 
in  ascertaining  the  power  of  the  city  to  become  otherwise  in- 
debted;  except  that  debts  incurred  by  cities  of  the  first  class 


CONSTITUTIONAL  CONVENTION  121 

after  the  first  day  of  January,  one  thousand  nine  hundred  and 
four,  and  debts  incurred  by  any  city  of  the  second  class  after  the 
first  day  of  January,  one  thousand  nine  hundred  and  eight,  and 
debts  incurred  by  any  city  of  the  third  class  after  the  first  day 
of  January,  one  thousand  nine  hundred  and  ten,  to  provide  for  the 
supply  of  water,  shall  not  be  so  included;  and  except  further 
that  any  debt  hereafter  incurred  by  the  city  of  New  York  for  a 
public  improvement  owned  or  to  be  owned  by  the  city,  which 
yields  to  the  city  current  net  revenue,  after  making  any  neces- 
sary allowance  for  repairs  and  maintenance  for  which  the  city  is 
liable,  in  excess  of  the  interest  on  such  debt  and  of  the  annual  in- 
stalments necessary  for  its  amortization  may  be  excluded  in  as- 
certaining the  power  of  such  city  to  become  otherwise  indebted, 
provided  that  a  sinking  fund  for  its  amortization  shall  have  been 
established  and  maintained  and  that  the  indebtedness  shall  not 
be  so  excluded  during  any  period  of  time  when  the  revenue  afore- 
said shall  not  be  sufficient  to  equal  such  interest  and  amortiza- 
tion instalments,  and  except  further  that  any  indebtedness  here- 
tofore incurred  by  the  city  of  New  York  for  any  rapid  transit  or 
deck  investment  may  be  so  excluded  proportionately  to  the  extent 
to  which  the  current  net  revenue  received  by  such  city  therefrom 
shall  meet  the  interest  and  amortization  instalments  thereof,  pro- 
vided that  any  increase  in  the  debt  incurring  power  of  the  city 
of  New  York  which  shall  result  from  the  exclusion  of  debts  here- 
tofore incurred  shall  be  available  only  for  the  acquisition  or  con- 
struction of  properties  to  be  used  for  rapid  transit  or  dock  pur- 
poses. The  legislature  shall  prescribe  the  method  by  which  and 
the  terms  and  conditions  under  which  the  amount  of  any  debt  to 
be  so  excluded  shall  be  determined,  and  no  such  debt  shall  be  ex- 
cluded except  in  accordance  with  the  determination  so  prescribed. 
The  legislature  may  in  its  discretion  confer  appropriate  jurisdic- 
tion on  the  appellate  division  of  the  supreme  court  in  the  first 
judicial  department  for  the  purpose  of  determining  the  amount  of 
any  debt  to  be  so  excluded.  No  indebtedness  of  a  city  valid  at 
the  time  of  its  inception  shall  thereafter  become  invalid  by  reason 
of  the  operation  of  any  of  the  provisions  of  this  section.  When- 
ever the  boundaries  of  any  city  are  the  same  as  those  of  a 
county,  or  when  any  city  shall  include  within  its  boundaries 
more  than  one  county,  the  power  of  any  county  wholly  included 
within  such  city  to  become  indebted  shall  cease,  but  the  debt  of 
the  county,  heretofore  existing,  shall  not,  for  the  purposes  of  this 
46 


722.  JOURNAL  OF  THE 

section,  be  reckoned  as  a  part  of  the  city  debt.  The  amount  here- 
after to  be  raised  by  tax  for  county  or  city  purposes,  in  any  county 
containing  a  city  of  over  one  hundred  thousand  inhabitants,  or  any 
such  city  of  this  state,  in  addition  to  providing  for  the  principal 
and  interest  of  existing  debt,  shall  not  in  the  aggregate  exceed  in 
any  one  year  two  per  centum  of  the  assessed  valuation  of  the  real 
and  personal  estate  of  such  county  or  city,  to  be  ascertained  as 
prescribed  in  this  section  in  respect  to  county  or  city  debt. 

Section  12.  The  legislature  shall  provide  for  the  method  and 
limitations  under  which  debts  may  be  contracted  by  the  cities, 
counties,  towns,  villages  and  other  civil  divisions  of  the  state  to 
the  end  that  such  debts  shall  be  payable  in  annual  instalments  the 
last  of  which  shall  fall  due  and  be  paid  within  fifty  years  after 
such  debt  shall  have  been  contracted  and  that  no  such  debt  shall 
be  contracted  for  a  period  longer  than  the  probable  life  of  the 
work  or  object  for  which  the  debt  is  to  be  contracted. 

Section  13.  The  legislature  shall  provide  for  a  state  board  of 
charities,  which  shall  visit  and  inspect  all  institutions,  whether 
state,  county,  municipal,  incorporated  or  not  incorporated,  which 
are  of  a  charitable,  eleemosynary,  correctional  or  reformatory 
character,  excepting  only  such  institutions  as  are  hereby  made 
subject  to  the  visitation  and  inspection  of  either  of  the  commis- 
sions, hereinafter  mentioned,  but  including  all  reformatories  except 
those  in  which  adult  males  convicted  of  felony  shall  be  confined; 
a  state  commission  in  lunacy  in  which  shall  remain  the  manage- 
ment and  fiscal  control  of  the  state  hospitals  for  the  insane  (not 
including  institutions  for  criminals  or  convicts)  except  in  so.  far 
as  such  management  may  now  or  hereafter  be  delegated  by  the 
legislature  to  local  boards  of  managers,  and  which  shall  visit  and 
inspect  all  institutions,  either  public  or  private,  used  for  the  care 
and  treatment  of  the  insane  (not  including  institutions  for 
epileptics  or  idiots)  ;  a  state  commission  of  prisons  which  shall 
visit  and  inspect  all  institutions  used  for  the  detention  of  sane 
adults  charged  with  or  convicted  of  crime,  or  detained  as  witnesses 
or  debtors. 

Section  14.  The  members  of  such  board  and  of  such  commis- 
sions shall  be  appointed  by  the  governor,  by  and  with  the  advice 
and  consent  of  the  senate ;  and  any  member  may  be  removed  from 
office  by  the  governor  for  cause,  an  opportunity  having  been  given 
him  to  be  heard  in  his  defense. 

Section  15.  Existing  laws  relating  to  institutions  referred  to  in 
the  foregoing  sections  and  to  their  supervision  and  inspection, 
in  so  far  as  such  laws  are  not  inconsistent  with  the  provisions  of 


CONSTITUTIONAL  CONVENTION  723 

this  constitution,  shall  remain  in  force  until  amended  or  repealed 
by  the  legislature.  The  visitation  and  inspection  herein  provided 
for,  shall  not  be  exclusive  of  other  visitation- and  inspection  now 
authorized  by  law. 

Section  16.  Nothing  in  this  constitution  contained  shall  pre- 
vent the  legislature  from  making  such  provision  for  the  education 
and  support  of  the  blind,  the  deaf  and  dumb,  and  juvenile  delin- 
quents, as  to  it  may  seem  proper;  or  prevent  any  county,  city, 
town  or  village  from  providing  for  the  care,  support,  maintenance 
and  secular  education,  of  inmates  of  orphan  asylums,  homes  for 
dependent  children  or  correctional  institutions,  whether  under 
public  or  private  control.  Payments  by  counties,  cities,  towns 
and  villages  to  charitable,  eleemosynary,  correctional  and  reforma- 
tory institutions,  wholly  or  partly  under  private  control,  for  care, 
support  and  maintenance,  may  be  authorized,  but  shall  not  be 
required  by  the  legislature.  No  such  payments  shall  be  made  for 
any  inmate  of  such  institutions  who  is  not  received  and  retained 
therein  pursuant  to  rules  established  by  the  state  board  of  chari- 
ties. Such  rules  shall  be  subject  to  the  control  of  the  legislature 
by  general  laws. 

Section  17.  Commissioners  of  the  state  board  of  charities  and 
commissioners  of  the  state  commission  in  lunacy,  now  holding 
office,  shall  be  continued  in  office  for  the  term  for  which  they  were 
appointed,  respectively,  unless  the  legislature  shall  otherwise 
provide.  The  legislature  may  confer  upon  the  commissions  and 
upon  the  board  mentioned  in  the  foregoing  sections  any  additional 
powers  that  are  not  inconsistent  with  other  provisions  of  this 
constitution. 

ARTICLE  XII. 

Section  1.  The  legislature  shall  provide  for  the  maintenance 
and  support  of  a  system  of  free  common  schools,  wherein  all  the 
children  of  this  state  may  be  educated. 

Section  2.  The  corporation  created  in  the  year  one  thousand 
seven  hundred  and  eighty-four,  under  the  name  of  The  Regents 
of  the  University  of  the  State  of  New  York,  is  hereby  continued 
under  the  name  of  The  University  of  the  State  of  New  York. 
It  shall  be  governed  and  its  corporate  powers,  which  may  be 
increased,  modified  or  diminished  by  the  legislature,  shall  be 
exercised,  by  not  less  than  nine  regents. 

Section  3.  The  capital  of  the  common  school  fund,  the  capital 
of  the  literature  fund,  and  the  capital  of  the  United  States  deposit 
fund,  shall  be  respectively  preserved  inviolate.     The  revenue  of 


724  JOUKNAL  OF  THE 

such  common  school  fund  shall  be  applied  to  the  support  of 
common  schools;  the  revenue  of  such  literature  fund  shall  be 
applied  to  the  support  of  academies;  and  the  sum  of  twenty-five 
thousand  dollars  of  the  revenues  of  the  United  States  deposit  fund 
shall  each  year  be  appropriated  to  and  made  part  of  the  capital 
of  such  common  school  fund. 

Section  4.  Neither  the  state  nor  any  subdivision  thereof,  shall 
use  its  property  or  credit  or  any  public  money,  or  authorize  or 
permit  either  to  be  used,  directly  or  indirectly,  in  aid  or  mainte- 
nance, other  than  for  examination  or  inspection,  of  any  school  or 
institution  of  learning  wholly  or  in  part  under  the  control  or  direc- 
tion of  any  religious  denomination,  or  in  which  any  denomina- 
tional tenet  or  doctrine  is  taught. 

AETICLE  XIII. 

Section  1.  Sheriffs,  clerks  of  counties,  district  attorneys,  and 
registers  in  counties  having  registers,  shall  be  chosen  by  the 
electors  of  the  respective  counties,  once  in  every  three  years  and 
as  often  as  vacancies  shall  happen,  except  in  the  counties  of  New 
York  and  Kings,  and  in  counties  whose  boundaries  are  the  same 
as  those  of  a  city,  where  such  officers  shall  be  chosen  by  the  electors 
once  in  every  two  or  four  years  as  the  legislature  shall  direct. 
Sheriffs  shall  hold  no  other  office,  and  be  ineligible  for  the  next 
term  after  the  termination  of  their  offices.  They  may  be  required 
by  law  to  renew  their  security,  from  time  to  time ;  and  in  default 
of  giving  such  new  security,  their  offices  shall  be  deemed  vacant. 
But  the  county  shall  never  be  made  responsible  for  the  acts  of  the 
sheriff.  The  governor  may  remove  any  officer,  in  this  section 
mentioned,  within  the  term  for  which  he  shall  have  been  elected ; 
giving  to  such  officer  a  copy  of  the  charges  against  him,  and  an 
opportunity  of  being  heard  in  his  defense. 

Section  2.  All  county  officers,  whose  election  or  appointment 
is  not  provided  for  by  this  constitution,  shall  be  elected  by  the 
electors  of  the  respective  counties  or  appointed  by  the  boards  of 
supervisors,  or  other  county  authorities,  as  the  legislature  shall 
direct.  All  city,  town  and  village  officers  whose  election  or  ap- 
pointment is  not  provided  for  by  this  constitution,  shall  be 
elected  by  the  electors  of  such  cities,  towns  and  villages,  or  of 
some  division  thereof,  or  appointed  by  such  authorities  thereof, 
as  shall  be  provided  by  law.    All  other  officers,  whose  election  o- 


CONSTITUTIONAL  CONVENTION  725 

appointment  is  not  provided  for  by  this  constitution,  and  all 
officers,  whose  offices  may  hereafter  be  created  by  law,  shall  be 
elected  by  the  people,  or  appointed,  as  may  be  provided  by  law. 

Section  3.  When  the  duration  of  any  office  is  not  provided  by 
this  constitution,  it  may  be  declared  by  law,  and  if  not  so  de- 
clared, such  office  shall  be  held  during  the  pleasure  of  the  au- 
thority making  the  appointment 

Section  4.  The  time  of  electing  all  officers  named  in  this  article 
shall  be  prescribed  by  law. 

Section  5.  The  legislature  shall  provide  for  filling  vacancies  in 
office,  and  in  case  of  elective  officers,  no  person  appointed  to  fill 
a  vacancy  shall  hold  his  office  by  virtue  of  such  appointment  longer 
than  the  commencement  of  the  political  year  next  succeeding  the 
first  annual  election  after  the  happening  of  the  vacancy. 

Section  6.  Provision  shall  be  made  by  law  for  the  removal  for 
misconduct  or  malversation  in  office  of  all  officers,  except  judicial, 
whose  powers  and  duties  are  not  local  or  legislative  and  who  shall 
be  elected  at  general  elections,  and  also  for  filling  vacancies 
created  by  such  removal. 

Section  7.  The  legislature  may  declare  the. cases  in  which  any 
office  shall  be  deemed  vacant  when  no  provision  is  made  for  that 
purpose  in  this  constitution. 

Section  8.  No  officer  whose  salary  is  fixed  by  this  constitution 
shall  receive  any  additional  compensation.  Each  of  the  other 
state  officers  named  in  this  constitution  shall,  during  his  con- 
tinuance in  office,  receive  a  compensation,  to  be  fixed  by  law,  which 
shall  not  be  increased  or  diminished  during  the  term  for  which 
he  shall  have  been  elected  or  appointed;  nor  shall  he  receive  to 
his  use  any  fees  or  perquisites  of  office  or  other  compensation. 

Section  9.  All  offices  for  the  weighing,  gauging,  measuring, 
culling  or  inspecting  any  merchandise,  produce,  manufacture  or 
commodity  whatever,  are  hereby  abolished;  and  no  such  office 
shall  hereafter  be  created  by  law :  but  nothing  in  this  section  con- 
tained shall  abrogate  any  office  created  for  the  purpose  of  pro- 
tecting the  public  health  or  the  interests  of  the  state  in  its  prop- 
erty, revenue,  tolls  or  purchases,  or  of  supplying  the  people  with 
correct  standards  of  weights  and  measures,  or  shall;  prevent  the 
creation  of  any  office  for  such  purposes  hereafter. 

Section  10.  Appointments  and  promotions  in  the  civil  service  of 
the  state,  and  of  all  the  civil  divisions  thereof,  including  cities 
and  villages,  shall  be  made  according  to  merit  and  fitness  to  be 


726  JOURNAL  OF  THE 

ascertained,  so  far  as  practicable,  by  examinations,  which,  so  far 
as  practicable,  shall  be  competitive:  provided  however,  that  honor- 
ably discharged  soldiers  and  sailors  from  the  army  and  navy  of 
the  United  States  in  the  late  civil  war,  who  are  citizens  and  resi- 
dents of  this  state,  shall  be  entitled  to  preference  in  appointment 
and  promotion,  without  regard  to  their  standing  on  any  list  from 
which  such  appointment  or  promotion  may  be  made.  Laws 
shall  be  made  to  provide  for  the  enforcement  of  this  section. 

ARTICLE  XIV. 

Section  1.  All  able-bodied  male  citizens  between  the  ages  of 
eighteen  and  forty-five  years,  who  are  residents  of  the  state,  shall 
constitute  the  militia,  subject  however  to  such  exemptions  as  are 
now,  or  may  be  hereafter  created  by  the  laws  of  the  United  States, 
or  by  the  legislature  of  this  state. 

Section  2.  The  legislature  may  provide  for  the  enlistment  into 
the  active  force  of  such  other  persons  as  may  make  application  to 
be  so  enlisted. 

Section  3.  The  militia  shall  be  organized  and  divided  into  such 
land  and  naval,  and  active  and  reserve  forces,  as  the  legislature 
may  deem  proper,  provided  however  that  there  shall  be  maintained 
at  all  times  a  force  of  not  less  than  ten  thousand  enlisted  men, 
fully  uniformed,  armed,  equipped,  disciplined  and  ready  for 
active  service.  And  it  shall  be  the  duty  of  the  legislature  at  each 
session  to  make  sufficient  appropriations  for  the  maintenance 
thereof. 

Section  4.  The  governor  shall  appoint  his  aides-de-camp  and 
military  secretary  and  the  adjutant-general  of  the  state,  all  of 
whom  shall  hold  office  during  his  pleasure,  their  commissions  to 
expire  with  the  term  for  which  the  governor  shall  have  been 
elected ;  he  shall  also  nominate,  and  with  the  consent  of  the  senate 
appoint,  all  major  generals.  The  legislature  may  prescribe  the 
number  and  qualifications  of  major  generals  and  aides-de-camp. 

Se  tion  5.  All  other  commissioned  and  non-commissioned  offi- 
cers shall  be  chosen  or  appointed  in  such  manner  and  shall  have 
such  qualifications  as  the  legislature  may  deem  most  conducive  to 
the  improvement  of  the  militia,  provided,  however,  that  no  law 
shall  be  passed  changing  the  existing  mode  of  election  and  appoint- 
ment unless  two-thirds  of  the  members  present  in  each  house 
shall  concur  therein. 

Section  6.  The  commissioned  officers  shall  be  commissioned  by 
the  governor  as  commander-in-chief.  No  commissioned  officer 
shall  be  removed  from  office  during  the  term  for  which  he  shall 


CONSTITUTIONAL  CONVENTION  727 

have  been  appointed  or  elected,  unless  by  the  senate  on  the  recom- 
mendation of  the  governor,  stating  the  grounds  on  which  such 
removal  is  recommended,  or  by  the  sentence  of  a  court  martial, 
or  upon  the  findings  of  an  examining  board  organized  pursuant  to 
law,  or  for  absence  without  leave  for  a  period  of  three  months 
or  more. 

AKTICLE  XV. 

Section  1.  It  shall  be  the  duty  of  the  legislature  by  general  laws 
to  provide  for  the  organization  of  new  cities  in  such  manner  as 
shall  secure  to  them  the  exercise  of  the  powers  granted  to  cities 
in  this  article.  Except  as  to  cities  having  more  than  one  hun- 
dred thousand  population,  it  shall  be  the  duty  of  the  legislature 
to  restrict  the  powers  of  taxation  and  assessment  so  as  to  prevent 
abuses  in  taxation  and  assessments  by  any  city  or  incorporated 
village. 

Section  2.  The  legislature  may  regulate  and  fix  the  wages 
and,  except  as  otherwise  provided  in  this  article,  the  salaries  and 
may  also  regulate  and  fix  the  hours  of  work  or  labor,  and  make 
provision  for  the  protection,  welfare  and  safety  of  persons  em- 
ployed by  the  state  or  by  any  county,  city,  town,  village  or  other 
civil  division  of  the  state,  or  by  any  contractor  or  subcontractor 
performing  work,  labor  or  services  for  the  state,  or  for  any  county, 
city,  town,  village  or  other  civil  division  thereof. 

Section  3.  Every  city  shall  have  exclusive  power  to  manage,  reg- 
ulate and  control  its  property,  affairs  and  municipal  government 
subject  to  the  provisions  of  this  constitution  and  subject  further  to 
the  provisions  of  the  general  laws  of  the  state,  of  laws  applying  to 
all  the  cities  of  the  state  without  classification  or  distinction,  and 
of  laws  applying  to  a  county  not  wholly  included  within  a  city- 
establishing  or  affecting  the  relation  between  such  a  county  and 
a  city  therein. 

Such  power  shall  be  deemed  to  include  among  others : 

(a)  The  power  to  organize  and  manage  all  departments, 
bureaus,  or  other  divisions  of  its  municipal  government  and  to 
regulate  the  powers,  duties,  qualifications,  mode  of  selection,  num- 
ber, terms  of  office,  compensation  and  method  of  removal  of  all  city 
officers  and  employees,  including  all  police  and  health  officers  and 
employees  paid  by  the  city,  and  of  all  non-judicial  officers  and  em- 
ployees attached  to  courts  not  of  record,  and  to  regulate  the  com- 
pensation of  all  officers  not  chosen  by  the  electors  and  of  all  em- 
ployees of  counties  situated  wholly  within  a  city  except  assistants 
and  employees  of  district  attorneys  and  except  officers  and  em- 
ployees of  courts  of  record. 


728  JOURNAL  OF  THE 

(b)  The  power,  as  hereinafter  provided,  to  revise  or  enact 
amendments  to  its  charter  in  relation  to  its  property,  affairs  or 
municipal  government  and  to  enact  amendments  to  any  local  or 
special  law  in  relation  thereto.  A  city  may  adopt  a  revised  charter 
or  enact  amendments  to  its  charter  or  any  existing  special  or  local 
law  in  relation  to  any  matter  of  state  concern  the  management, 
regulation  and  control  of  which  shall  have  been  delegated  to  the 
city  by  law,  until  and  unless  the  legislature,  pursuant  to  the  pro- 
visions of  section  four  of  this  article  shall  enact  a  law  inconsistent 
therewith.  The  term  "  charter  "  is  declared  for  the  purposes 
of  this  article  to  include  any  general  city  law  enacted  for  the  cities 
of  one  class  in  so  far  as  it  applies  to  such  city. 

The  legislative  body  of  the  city  may  enact  such  amendments, 
subject  to  the  approval  of  the  mayor  and  of  the  board  of  estimate 
and  apportionment  of  the  city  if  any  there  be ;  provided,  however, 
that  in  a  city  in  wThich  any  of  the  members  of  the  board  of  esti- 
mate and  apportionment  are  not  elected  or  in  which  no  such  body 
exists  no  such  amendment  shall  be  enacted  without  the  assent  of 
two-thirds  of  all  members  elected  to  such  legislative  body.  Every 
such  enactment  shall  embrace  only  one  subject  and  shall  expressly 
declare  that  it  is  such  an  amendment.  Every  amendment  which 
changes  the  framework  of  the  government  of  the  city  or  modifies 
restrictions  as  to  issuing  bonds  or  contracting  debts  shall  be  sub- 
mitted to  the  legislature  in  the  year  one  thousand  nine  hundred 
and  sixteen  on  or  before  the  fifteenth  day  of  March  and  in  any 
year  thereafter  during  the  first  week  of  its  next  regular  session, 
and  shall  take  effect  as  law  sixty  days  after  such  submission  unless 
in  the  meantime  the  legislature  shall  disapprove  the  same  by  joint 
resolution.  Every  other  such  amendment  shall  take  effect  upon  its 
enactment  as  above  provided  without  such  submission  to  the 
legislature. 

The  legislature  by  general  law  shall  provide  for  a  public  notice 
and  opportunity  for  a  public  hearing  by  the  legislative  body  of 
the  city  concerning  any  such  amendment  before  final  action 
thereon  by  it. 

At  the  general  election  in  the  year  one  thousand  nine  hundred 
and  seventeen,  and  unless  its  charter  after  one  revision  thereof  shall 
otherwise  provide,  in  every  eighth  year  thereafter  either  at  the  gen- 
eral or  at  a  special  election,  every  city  shall  submit  to  the  electors 
thereof,  the  question  "  Shall  there  be  a  commission  to  revise  the 
charter  of  the  city?"  and  may  at  the  same  time  choose  seven  com- 
missioners to  revise  the  city  charter  in   case  the  question   be 


CONSTITUTIONAL  CONVENTION  729 

answered  in  the  affirmative,  provided,  however,  that  in  the  city  of 
New  York  the  number  of  such  commissioners  shall  be  sixteen, 
nine  of  whom  shall  be  chosen  by  the  electors  of  the  entire  city,  two 
by  the  electors  of  the  borough  of  Manhattan,  two  by  the  electors  of 
the  borough  of  Brooklyn,  and  one  each  by  the  electors  of  the 
boroughs  of  The  Bronx,  Queens  and  Kichmond  respectively.  Such 
revision  when  completed  shall  be  filed  in  the  office  of  the  city 
clerk?  and  not  less  than  six  weeks  after  such  filing  shall  be  sub- 
mitted to  the  electors  of  the  city  at  the  next  ensuing  general  elec- 
tion or  at  a  special  election  to  be  called  for  that  purpose.  If  such 
revision  be  approved  by  the  affirmative  vote  of  the  majority  of  the 
electors  voting  thereon  such  revision  shall  be  submitted  to  the  legis- 
lature during  the  first  week  of  its  session  in  January  of  the  year 
following  the  approval  thereof,  and  if  not  disapproved  by  the  legis- 
lature by  joint  resolution  prior  to  the  first  day  of  July  thereafter 
shall  thereupon  take  effect  as  law  except  as  therein  otherwise  speci- 
fied. The  legislature  shall  by  general  law  provide  for  carrying 
into  effect  the  provisions  of  this  paragraph. 

Every  charter  revision  and  every  amendment  of  any  provision 
of  law,  enacted  pursuant  to  this  section,  shall  be  deposited  with 
the  secretary  of  state  and  published  as  the  legislature  may  direct. 

Section  4.  All  cities  are  classified  according  to  the  latest 
federal  or  state  census  or  enumeration,  as  from  time  to  time  made, 
as  follows :  The  first  class  includes  all  cities  having  a  population 
of  one  hundred  and  seventy-five  thousand  or  more;  the  second 
class,  all  cities  having  a  population  of  fifty  thousand  and  less 
than  one  hundred  and  seventy-five  thousand;  the  third  class,  all 
other  cities. 

The  legislature  may  delegate  to  cities  for  exercise  within  their 
respective  local  jurisdictions  such  of  its  powers  of  legislation  as 
to  matters  of  state  concern  as  it  may  from  time  to  time  deem 
expedient. 

The  legislature  shall  pass  no  law  relating  to  the  property, 
affairs  or  municipal  government  of  any  city  excepting  such  as 
is  applicable  to  all  the  cities  of  the  state  without  classification  or 
distinction. 

The  provisions  of  this  article  shall  not  be  deemed  to  restrict 
the  powers  of  the  legislature  to  pass  laws  regulating  matters  of 
state  concern  as  distinguished  from  matters  relating  to  the  prop- 
erty, affairs  or  municipal  government  of  cities. 

Laws  affecting  cities  in  relation  to  boundaries,  water  supply, 
sewerage  and  public  improvements,  involving  the  use  of  territory 


730  JOURNAL  OF  THE 

outside  the  boundaries  of  cities,  and  in  relation  to  the  govern- 
ment of  cities  in  matters  of  state  concern  and  applying  to  less 
than  all  the  cities  of  the  state  without  classification  or  distinction 
are  defined  for  the  purposes  of  this  article  as  special  city  laws. 
Special  city  laws  shall  not  be  passed  except  in  conformity  with 
the  provisions  of  this  section.  After  any  bill  for  a  special  city  law 
has  been  passed  by  both  branches  of  the  legislature,  the  house  in 
which  it  originated  shall  immediately  transmit  a  certified  copy 
thereof  to  the  mayor  of  each  city  to  which  it  relates,  and  within 
fifteen  days  thereafter  the  mayor  shall  return  such  bill  to  the 
clerk  of  the  house  from  which  it  was  sent,  who,  if  the  session 
of  the  legislature  at  which  such  bill  was  passed  has  ter- 
minated, shall  immediately  transmit  the  same  to  the  gov- 
ernor with  the  mayor's  certificate  thereon,  stating  whether  the 
city  has  or  has  not  accepted  the  same.  In  every  city  of  the  first 
class,  the  mayor,  and  in  every  other  city,  the  mayor  and  the 
legislative  body  thereof  concurrently,  shall  act  for  such  city  as  to 
such  bill;  but  the  legislature  may  provide  for  the  concurrence  of 
the  legislative  body  in  cities  of  the  first  class.  The  legislature 
shall  provide  for  a  public  notice  and  opportunity  for  a  public 
hearing  concerning  any  such  bill  in  every  city  to  which  it  relates, 
before  action  thereon.  Such  a  bill,  if  it  relates  to  more  than  one 
city,  shall  be  transmitted  to  the  mayor  of  each  city  to  which  it 
relates,  and  shall  not  be  deemed  accepted  unless  accepted  as 
herein  provided,  by  every  such  city.  Whenever  any  such  bill  is 
accepted  as  herein  provided,  it  shall  be  subject  as  are  other  bills, 
to  the  action  of  the  governor.  Whenever,  during  the  session  at 
which  it  was  passed  any  such  bill  is  returned  without  the  accept- 
ance of  the  city  or  cities  to  which  it  relates,  or  within  such  fifteen 
days  is  not  returned,  it  may  nevertheless  again  be  passed  by  both 
branches  of  the  legislature,  and  it  shall  then  be  subject  as  are 
other  bills,  to  the  action  of  the  governor.  In  every  special  city 
law  which  has  been  accepted  by  the  city  or  cities  to  which  it 
relates,  the  title  shall  be  followed  by  the  words  "  accepted  by  the 
city"  or  " cities"  as  the  case  may  be;  in  every  such  law  which 
is  passed  without  such  acceptance,  by  the  words  "  passed  without 
the  acceptance  of  the  city  "  or  "  cities  "  as  the  case  may  be. 

Section  5.  All  elections  of  city  officers,  including  supervisors 
and  judicial  officers  of  inferior  local  courts,  elected  in  any  city 
or  part  of  a  city,  and  of  county  officers  elected  in  the  counties  of 
New  York,  Kings,  Queens,  Richmond  and  Bronx,  and  in  all 
counties  whose  boundaries  are  the  same  as  those  of  a  city,  except 


CONSTITUTIONAL  CONVENTION  731 

to  fill  vacancies,  shall  be  held  on  the  Tuesday  succeeding  the  first 
Monday  in  November  in  an  odd-numbered  year,  and  the  term  of 
every  such  officer  shall  expire  at  the  end  of  an  odd-numbered 
year.  The  terms  of  office  of  all  such  officers  elected  before  the 
first  day  of  January,  one  thousand  nine  hundred  and  seventeen, 
whose  successors  have  not  then  been  elected,  which  under  existing 
laws  would  expire  with  an  even-numbered  year,  or  in  an  odd- 
numbered  year  and  before  the  end  thereof,  are  extended  to  and  in- 
cluding the  last  day  of  December  next  following  the  time  when 
such  terms  would  otherwise  expire;  the  terms  of  office  of  all  such 
officers,  which  under  existing  laws  would  expire  in  an  even-num- 
bered year,  and  before  the  end  thereof,  are  abridged  so  as  to  ex- 
pire at  the  end  of  the  preceding  year.  This  section  shall  not 
apply  to  elections  of  any  judicial  officers,  except  judges  and  jus- 
tices of  inferior  local  courts. 

ARTICLE  XVI. 

Section  1.  Members  of  the  legislature,  and  all  officers,  ex- 
ecutive and  judicial,  except  such  inferior  officers  as  shall  be  by 
law  exempted  shall,  before  they  enter  on  the  duties  of  their  re- 
spective offices,  take  and  subscribe  the  following  oath  or  affirma- 
tion: "  I,  do  solemnly  swear  (or  affirm)  that  I  will  support  the 
Constitution  of  the  United  States,  and  the  Constitution  of  the 
State  of  New  York,  and  that  I  will  faithfully  discharge  the  duties 

of  the  office  of ,  according  to  the  best  of  my  ability  "  and 

all  such  officers  who  shall  have  been  chosen  at  any  election  shall, 
before  they  enter  on  the  duties  of  their  respective  offices,  take 
and  subscribe  the  oath  or  affirmation  above  prescribed,  together 
with  the  following  addition  thereto,  as  part  thereof : 

"And  I  do  further  solemnly  swear  (or  affirm)  that  I  have  not 
directly  or  indirectly  paid,  offered  or  promised  to  pay,  contributed, 
or  offered  or  promised  to  contribute  any  money  or  other  valuable 
thing  as  a  consideration  or  reward  for  the  giving  or  withholding  a 
vote  at  the  election  at  which  I  was  elected  to  said  ofice,  and 
have  not  made  any  promise  to  influence  the  giving  or  withholding 
any  such  vote  "  and  no  other  oath,  declaration  or  test  shall  be 
required  as  a  qualification  for  any  office  or  public  trust. 

Section  2.  Any  person  holding  office  under  the  laws  of  this 
state,  who,  except  in  payment  of  his  legal  salary,  fees  or  per- 
quisites, shall  receive  or  consent  to  receive,  directly  or  indirectly, 
any  thing  of  value  or  of  personal  advantage,  or  the  promise  thereof, 


732  JOURNAL  OF  THE 

for  performing  or  omitting  to  perform  any  official  act,  or  with  the 
express  or  implied  understanding  that  his  official  action  or  omis- 
sion to  act  is  to  be  in  any  degree  influenced  thereby,  shall  be 
deemed  guilty  of  a  felony.  This  section  shall  not  affect  the  valid- 
ity of  any  existing  statute  in  relation  to  the  offense  of  bribery. 

Section  3.  Any  person  who  shall  offer  or  promise  a  bribe  to  an 
officer,  if  it  shall  be  received,  shall  be  deemed  guilty  of  a  felony 
and  liable  to  punishment,  except  as  herein  provided.  No  person 
offering  a  bribe  shall,  upon  any  prosecution  of  the  officer  for  receiv- 
ing such  bribe,  be  privileged  from  testifying  in  relation  thereto, 
and  he  shall  not  be  liable  to  civil  or  criminal  prosecution  therefor, 
if  he  shall  testify  to  the  giving  or  offering  of  such  bribe.  Any 
person  who  shall  offer  or  promise  a  bribe,  if  it  be  rejected  by  the 
officer  to  whom  it  was  tendered,  shall  be  guilty  of  an  attempt  to 
bribe,  which  is  hereby  declared  to  be  a  felony. 

Section  4.  Any  person  charged  with  receiving  a  bribe,  or  with 
offering  or  promising  a  bribe,  shall  be  permitted  to  testify  in  his 
own  behalf  in  any  civil  or  criminal  prosecution  therefor. 

Section  5.  No  public  officer,  or  person  elected  or  appointed  to 
a  public  office,  under  the  laws  of  this  state,  shall  directly  or  indi- 
rectly ask,  demand,  accept,  receive  or  consent  to  receive  for  his 
own  use  or  benefit,  or  for  the  use  or  benefit  of  another,  any  free 
pass,  free  transportation,  franking  privilege  or  discrimination  in 
passenger,  telegraph  or  telephone  rates,  from  any  person  or  cor- 
poration, or  make  use  of  the  same  himself  or  in  conjunction  with 
another.  A  person  who  violates  any  provision  of  this  section, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  forfeit  his 
office  at  the  suit  of  the  attorney-general.  Any  corporation,  or 
officer  or  agent  thereof,  who  shall  offer  or  promise  to  a  public 
officer,  or  person  elected  or  appointed  to  a  public  office,  any  such 
free  pass,  free  transportation,  franking  privilege  or  discrimina- 
tion, shall  also  be  deemed  guilty  of  a  misdemeanor  and  liable  to 
punishment  except  as  herein  provided.  No  person,  or  officer  or 
agent  of  a  corporation  giving  any  such  free  pass,  free  transporta- 
tion, franking  privilege  or  discrimination  hereby  prohibited,  shall 
be  privileged  from  testifying  in  relation  thereto,  and  he  shall  not 
be  liable  to  civil  or  criminal  prosecution  therefor  if  he  shall  testify 
to  the  giving  of  the  same. 

Section  6.  Any  district  attorney  who  shall  fail  faithfully  to 
prosecute  a  person  charged  with  the  violation  in  his  county  of 
any  provision  of  this  article  which  may  come  to  his  knowledge, 


CONSTITUTIONAL  CONVENTION  733 

shall  be  removed  from  office  by  the  governor,  after  due  notice  and 
an  opportunity  of  being  heard  in  his  defense.  The  expenses 
which  shall  be  incurred  by  any  county,  in  investigating  and  prose- 
cuting any  charge  of  bribery  or  attempting  to  bribe  any  person 
holding  office  under  the  laws  of  this  state,  within  such  county,  or 
of  receiving  bribes  by  any  such  person  in  said  county,  shall  be  a 
charge  against  the  state,  and  their  payment  by  the  state  shall  be 
provided  for  by  law. 

ARTICLE  XVII. 

Section  1.  Any  amendment  or  amendments  to  this  constitu- 
tion may  be  proposed  in  the  senate  and  assembly;  and  if  the 
same  shall  be  agreed  to  by  a  majority  of  the  members  elected 
to  each  of  the  two  houses,  after  consideration  in  joint  session  as 
hereinafter  provided  and  after  the  same  shall  have  been  printed 
and  upon  the  desks  of  the  members  in  its  final  form  for  at  least 
five  calendar  legislative  days  prior  to  agreement  thereon,  such 
proposed  amendment  or  amendments  shall  be  entered  on  their 
journals,  and  the  yeas  and  nays  taken  thereon,  and  referred  to 
the  legislature  to  be  chosen  at  the  next  general  election  of  senators, 
and  shall  be  published  for  three  months  previous  to  the  time  of 
making  such  choice.  On  the  first  Tuesday  following  the  adoption 
by  either  house  of  the  legislature  of  any  proposed  amendment  to 
this  constitution,  the  two  houses  shall  convene  in  joint  session  for 
the  consideration  thereof  and  thereafter  the  proposal  shall  be  con- 
sidered and  acted  upon  by  the  houses  separately.  If  in  the  legis- 
lature so  next  chosen,  as  aforesaid,  such  proposed  amendment  or 
amendments  shall  be  agreed  to  by  a  majority  of  all  the  members 
elected  to  each  house,  and  all  the  requirements  for  the  original  pas- 
sage thereof  shall  be  observed,  then  it  shall  be  the  duty  of  the 
legislature  to  submit  such  proposed  amendment  or  amendments  to 
the  people  for  approval  at  the  general  election  in  such  manner 
as  the  legislature  shall  prescribe;  and  if  the  people  shall 
approve  and  ratify  such  amendment  or  amendments  by  a  majority 
of  the  electors  voting  thereon,  such  amendment  or  amendments 
shall  become  a  part  of  this  constitution  from  and  after  the  first  day 
of  January  next  after  such  approval. 

Section  2.  The  question  "  Shall  there  be  a  convention  to  revise 
and  amend  the  constitution  ?  "  shall  be  submitted  to  the  elec- 
tors of  the  state  at  each  general  election  next  ensuing  the  lapse  of 


734  JOURNAL  OF  THE 

twenty  successive  years  since  the  last  previous  submission  thereof, 
and  shall  be  submitted  at  such  other  general  elections  as  the  legis- 
lature may  by  law  provide.  In  case  a  majority  of  the  electors 
voting  thereon  shall  decide  in  favor  of  a  convention  for  such  pur- 
pose, the  electors  of  every  senate  district  of  the  state,  as  then 
organized,  shall  elect  three  delegates  at  the  next  ensuing  general 
election  at  which  members  of  the  assembly  shall  be  chosen,  and 
the  electors  of  the  state  voting  at  the  same  election  shall 
elect  fifteen  delegates-at-large.  The  delegates  so  elected  shall 
convene  at  the  capitol  on  the  first  Tuesday  following  the 
completion  of  the  canvass  of  the  votes  cast  for  delegates-at-large 
at  such  election  and  shall  continue  their  session  until  the  business 
of  such  convention  shall  have  been  completed.  Every  delegate 
shall  receive  for  his  services  the  same  compensation  and  the  same 
reimbursement  for  railroad  fare  as  shall  then  be  annually  payable 
to  the  members  of  the  assembly.  A  majority  of  the  convention 
shall  constitute  a  quorum  for  the  transaction  of  business,  and  no 
amendment  to  this  constitution  shall  be  submitted  for  approval  to 
the  electors  as  hereinafter  provided,  unless  by  the  assent  of  a 
majority  of  all  the  delegates  elected  to  the  convention,  the  yeas  and 
nays  being  entered  on  the  journal  to  be  kept.  The  convention  shall 
have  the  power  to  appoint  such  officers,  employees  and  assistants  as 
it  may  deem  necessary,  and  fix  their  compensation  and  to  provide 
for  the  printing  of  its  documents,  journal  and  proceedings.  The 
convention  shall  determine  the  rules  of  its  own  proceedings,  choose 
its  own  officers,  and  be  the  judge  of  the  election,  returns  and  quali- 
fication of  its  members.  In  case  of  a  vacancy,  by  death,  resignation 
or  other  cause,  of  any  district  delegate  elected  to  the  convention, 
such  vacancy  shall  be  filled  by  a  vote  of  the  remaining  delegates  rep- 
resenting the  district  in  which  such  vacancy  occurs.  If  such  va- 
cancy occurs  in  the  office  of  a  delegate-at-large,  such  vacancy  shall 
be  filled  by  a  vote  of  the  remaining  delegates-at-large.  Any  pro- 
posed constitution  or  constitutional  amendment  which  shall  have 
been  adopted  by  such  convention,  shall  be  submitted  to  a  vote  of 
the  electors  of  the  state  in  the  manner  provided  by  such  conven- 
tion, at  a  general  election  which  shall  be  held  not  less  than  ninety 
days  after  the  adjournment  of  such  convention.  Upon  the  ap- 
proval of  such  constitution  or  constitutional  amendments,  in  the 
manner  provided  in  the  last  preceding  section,  such  constitution 
or  constitutional  amendments,  shall  go  into  effect  on  the  first  day 
of  January  next  after  such  approval. 


CONSTITUTIONAL  CONVENTION  735 

Section  3.  The  validity  of  an  election  npon  any  amendment  or 
proposed  constitution  or  the  question  "  Shall  there  be  a  convention 
to  revise  and  amend  the  constitution?"  or  upon  any  other 
question  submitted  to  the  electors  of  the  state  under  this  constitu- 
tion, and  the  determination  whether  the  proposed  amendment, 
constitution  or  question  has  received  the  number  of  votes  requisite 
for  the  adoption  of  such  amendment  or  constitution  or  the  de- 
cision of  such  question,  may  be  contested  in  the  supreme  court  by 
any  elector  in  an  action  in  equity  brought  within  three  months 
after  such  election  against  the  secretary  of  state,  and  the  judg- 
ment rendered  shall  be  reviewable  by  the  court  of  appeals. 

Section  4.  Any  amendment  proposed  by  a  constitutional  conven- 
tion relating  to  the  same  subject  as  an  amendment  proposed  by 
the  legislature,  coincidently  submitted  to  the  people  for  approval, 
shall,  if  approved,  be  deemed  to  supersede  the  amendment  so  pro- 
posed by  the  legislature ;  provided,  however,  that,  if  at  the  general 
election  held  in  the  year  one  thousand  nine  hundred  and  fifteen,  a 
majority  of  the  electors  voting  thereon  shall  have  approved  and 
ratified  the  amendment  to  section  one  of  article  two  of  the  consti- 
tution then  in  force,  heretofore  proposed  by  the  legislature,  section 
one  of  article  two  of  this  constitution  shall  be  deemed  thereby 
amended  so  as  to  embody  therein  the  new  matter  contained  in  such 
proposed  amendment  so  approved.  If,  at  such  general  election,  a 
majority  of  the  electors  voting  thereon  shall  have  approved  and 
ratified  chapter  five  hundred  and  seventy  of  the  laws  of  one  thou- 
sand nine  hundred  and  fifteen  heretofore  submitted  to  the  people 
pursuant  to  section  four  of  article  seven  of  the  constitution  then  in 
force,  the  same  shall  take  effect  notwithstanding  any  amendment 
of  such  constitution,  except  that,  irrespective  of  the  terms  of  such 
chapter,  the  debt  so  authorized  shall  be  paid  in  equal  annual  in- 
stalments in  conformity  with  section  four  of  article  nine  of  this 
constitution. 

AKTICLE  XVIII. 

Section  1.  This  constitution  shall  be  in  force  from  and  includ- 
ing the  first  day  of  January,  one  thousand  nine  hundred  and  six- 
teen, except  as  herein  otherwise  provided. 

which  concluded  the  reading  of  said  Constitution. 

The  President  stated  the  question  to  be  upon  agreeing  to  the 
report  of  the  Committee  on  Kevision  and  Engrossment  and  the 
final  adoption  of  the  form  of  said  Proposed  Revised  Constitution. 


736 


JOURNAL  OF  THE 


The  President  put  the  question  on  agreeing  to  said  report  and 
the  final  adoption  of  the  Proposed  Revised  Constitution,  and  it 
was  determined  in  the  affirmative. 

Those  who  voted  in  the  affirmative  were : 


Adams 

Dennis 

Law 

Parker 

Steinbrink 

Aiken 

Deyo 

Leggett 

Parsons 

Stimson 

Allen  FC 

Dick 

Lennox 

Pelletreau 

Stowell 

Angell 

Doughty 

Lincoln 

Phillips  S  K 

Tierney 

Austin 

Dunlap 

Linde 

Quigg 

Tuck 

Bannister 

Dunmore 

Lindsay 

Reeves 

Vanderlyn 

Barnes 

Dykman 

Low 

Rhees 

Van  Ness 

Barrett 

Fancher 

McKean 

Richards 

Wadsworth 

Bayes 

Fobes 

McKinney 

Rodenbeck 

Waterman 

Beach 

Foley 

McLean 

Rosch 

Webber  C  A 

Bell 

Ford 

Mandeville 

Ryan 

Weber  R  E 

Bernstein 

Franchot 

Martin  L  M 

Ryder 

Weed 

Bern 

Gladding 

Marshall 

Sanders 

Westwood 

Betts 

Green 

Mathewson 

Sargent 

Whipple 

Blauvelt 

Greff 

Mealey 

Saxe  M 

White  C  J 

Brenner 

Haffen 

Meigs 

Schoonhut 

Wickersham 

Buxbaum 

Hale 

Newburger 

Schurman 

Wiggins 

Byrne 

Heaton 

Nicoll  D 

Sears 

Williams 

Clearwater 

Hinman 

Nixon 

Sharpe 

Winslow 

Clinton 

Johnson 

Nye 

Shipman 

Wood 

Cobb 

Jones 

O'Brian  J  L 

Slevin 

Young  C  H 

Coles 

Kirby 

O'Brien  M  J 

Smith  E  N 

Young  F  L 

Cullinan 

Landreth 

Olcott 

Standart 

President 

Curran 

Latson 

Owen 

Those  who  voted  in 

the  negative  were: 

Ahearn 

Donnelly 

Fogarty 

Martin  F 

Smith  A  E 

Baldwin 

Donovan 

Frank 

Mereness 

Smith  R  B 

Bockes 

Dooling 

Griffin    . 

O'Connor 

Smith  T  F 

Bonce 

Drummond 

Harawitz 

Ostrander 

Unger 

Burkan 

Eisner 

Heyman 

Saxe  J  G 

Wagner 

Dahm 

Endres 

Kirk 

Sheehan 

Ward 

Daly 

Eppig 

Leary 

118 


When  Mr.  Brackett's  name  was  called,  he  asked  to  be  and  was 
excused  from  voting. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following : 

Resolved,  That  the  President  and  Secretary  of  the  Convention 
be  authorized  and  directed  to  attest  the  Constitution  adopted  by 
the  Convention  on  the  10th  day  of  September,  1915,  with  an  ap- 
propriate certificate  of  the  Secretary  attached  thereto  as  to  its 
adoption  and  to  deliver  the  same  to  the  Secretary  of  State  for 
record  and  deposit  in  his  office,  and 

Resolved,  That  for  the  purpose  of  further  authentication  the 
Constitution  be  signed  by  the  members  present,   and  that  the 


CONSTITUTIONAL  CONVENTION  737 

members  not  in  attendance  be  permitted  to  fix  their  signatures 
thereto  in  the  office  of  the  Secretary  of  State  at  any  time  before 
the  second  day  of  November,  1915. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Berri,  from  the  Committee  on  Printing,  reported  in  favor 
of  the  adoption  of  the  following  resolution : 

Resolved,  That  there  be  printed  for  the  use  of  the  Convention 
three  hundred  additional  copies  each  of  the  following  proposed 
amendments:  Nos.  841,  842,  843,  844,  845,  846,  848,  850, 
851,  852,  853,  854,  855,  856,  857,  858,  859,  860,  862,  863,  864, 
865,  866,  868,  869,  870 ;  three  hundred  additional  copies  each  of 
Records  Nos.  86  and  88,  and  one  hundred  additional  copies  each 
of  Records  Nos.  1  and  91. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Mr.  Berri,  from  the  Committee  on  Printing,  reported  in  favor 
of  the  adoption  of  the  following  resolution : 

Resolved,  That  the  Secretary  of  this  Convention  be,  and  hereby 
is,  directed  to  have  printed  under  direction  of  the  President  such 
number  of  copies  of  Document  No.  52  containing  the  proposed 
Constitution  additional  to  those  already  ordered,  as  may  be  neces- 
sary to  supply  members  of  the  Convention  with  such  number  of 
copies  for  distribution  as  may  be  desired  by  members,  not  how- 
ever, exceeding  in  the  aggregate  10,000  copies ;  and,  in  the  event 
of  the  demand  exceeding  the  number  of  copies  provided  for  by 
this  and  any  preceding  resolutions  the  Secretary  is  directed  to 
apportion  the  same  among  members  requesting  copies  in  such 
manner  as  the  President  may  direct. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

On  motion  of  Mr.  Wickersham,  the  Convention  took  a  recess 
until  two  o'clock  and  thirty  minutes  p.  m. 
47 


738 


JOURNAL  OF  THE 


TWO  O'CLOCK  AND  THIRTY  MINUTES  P.  M. 

The  Convention  again  convened. 

Upon  the  direction  of  the  President  the  Secretary  called  the 
roll  of  delegates  and  the  following  responded : 


Adams 

Dick 

Johnson 

O'Brien  M  J 

Smith  T  F 

Allen  F  C 

Donnelly 

Jones 

O'Connor 

Standart 

Angell 

Donovan 

Kirby 

Ostrander 

Steinbrink 

Austin 

Dooling 

Landreth 

Parker 

Stimson 

Bannister 

Doughty 

Latson 

Parsons 

Stowell 

Barnes 

Drummond 

Law 

Pelletreau 

Tierney 

Barrett 

Dunlap 

Leary 

Phillips  S  K 

Tuck 

Bayes 

Dunmore 

Leggett 

Quigg 

Unger 

Beach 

Dykman 

Lennox 

Reeves 

Vanderlyn 

Bell 

Eisner 

Lincoln 

Rhees 

Van  Ness 

Bernstein 

Endres 

Linde 

Rodenbeck 

Wagner 

Bern 

Eppig 

Lindsay 

Rosch 

Ward 

Betts 

Fancher 

Low 

Ryan 

Waterman 

Blauvelt 

Fobes 

McKean 

Ryder 

Webber  C  A 

Bockes 

Fogarty 

McKinney 

Sanders 

Weber  R  E 

Brackett 

Foley 

McLean 

Sargent 

Weed 

Brenner 

Ford 

Mandeville 

Saxe  J  G 

Westwood 

Bunce 

Franchot 

Martin  F 

Saxe  M 

Wheeler 

Burkan 

Frank 

Martin  L  M 

Schoonhut 

Whipple 

Buxbaum 

Gladding 

Marshall 

Schurman 

White  C  J 

Byrne 

Green 

Mathewson 

Sears 

Wickersham 

Clearwater 

Greff 

Mealey 

Sharpe 

Wiggins 

Cobb 

Griffin 

Meigs 

Sheehan 

Williams 

Coles 

Haffen 

Mereness 

Shipman 

Winslow 

Cullinan 

Hale 

Nicoll  D 

Slevin 

Wood 

Dahm 

Harawitz 

Nixon 

Smith  A  E 

Young  C  H 

Dennis 

Heaton 

Nye 

Smith  E  N 

Young  F  L 

Deyo 

Heyman 

O'Brian  J  L 

Smith  R  B 

President 

Mr.  Parsons,  from  the  Special  Committee  on  the  Time  and 
Manner  of  Submission  of  the  Revised  Constitution,  presented  the 
following  report : 

REPORT  OF  SPECIAL  COMMITTEE  ON  THE  TIME 
AND  MANNER  OF  SUBMISSION  OF  THE  REVISED 
CONSTITUTION 


The  Special  Committee  on  the  Time  and  Manner  of  Submis- 
sion of  the  Revised  Constitution  respectfully  report  the  annexed 
resolution,  and  recommend  its  adoption. 

Herbert  Parsons,  Chairman, 
Elihu  Root,  ex  officio, 
Jacob  Brenner, 
D.  R  Cobb, 
Frank  L.  Young, 
DeLancey  Nicoll. 


CONSTITUTIONAL  CONVENTION  739 

k  Resolved,  That  the  Revised  Constitution  adopted  by  this  Con- 
vention be  submitted  to  the  people  for  their  adoption  or  rejection 
at  the  general  election  to  be  held  on  the  2d  day  of  November,  one 
thousand  nine  hundred  and  fifteen,  in  the  manner  following,  that 
is  to  say : 

The  submission  shall  be  in  three  separate  propositions  as  fol- 
lows: 

First — All  of  the  Revised  Constitution  not  included  in  the 
following  two  propositions. 

Second  —  The  proposed  amendments  to  sections  2,  3,  4  and  5 
of  Article  III  relating  to  legislative  apportionment. 

Third  —  The  proposed  new  Article  X  relating  to  taxation. 

There  shall  be  a  separate  ballot  box  at  each  polling  place  for  the 
reception  of  the  ballots  on  said  propositions. 

Official  ballots  shall  be  provided  at  the  public  expense  at  each 
polling  place.  They  shall  be  endorsed  on  the  back  with  the  words 
"  Revised  Constitution  Ballot."  On  the  back  of  each  voting  sec- 
tion shall  be  printed  the  number  of  the  question  which  it  contains. 
Except  as  herein  provided  the  ballots  shall  be  in  the  form  pre- 
scribed by  the  Election  Law  for  proposed  constitutional  amend- 
ments and  questions  submitted.  There  shall  be  printed  upon  the 
face  of  each  of  such  official  ballots  three  questions  in  the  following 
words,  that  is  to  say: 

"  QUESTION  NO.  1 

Revised  Constitution 

Shall  all  of  the  Revised  Constitution  submitted  by  the  Con- 
stitutional Convention  not  included  in  Questions  2  and  3  be 
approved  ? 

QUESTION  NO.  2 

Legislative  Apportionment 

Shall  the  proposed  amendments  submitted  by  the  Constitutional 
Convention  to  Sections  2,  3,  4  and  5  of  Article  III  relating  to 
legislative  apportionment  be  approved? 

QUESTION  NO.  3 

Taxation 

Shall  the  new  Article  X  submitted  by  the  Constitutional  Con- 
vention relating  to  taxation  be  approved  ? " 

At  the  left  of  each  question  shall  appear  two  voting  squares, 
one  above  the  other,  each  at  least  one-half  inch  square.     At  the 


740  JOURNAL  OF  THE 

left  of  the  upper  square  shall  be  printed  the  word  "  Yes  ",  and  at 
the  left  of  the  lower  square  shall  be  printed  the  word  "  No  ".  On 
the  stub  at  the  top  of  the  ballot  shall  be  printed  the  instructions 
to  the  voter  prescribed  by  Section  332  of  the  Election  Law  as 
follows ; 

"INSTRUCTIONS  TO  VOTEE: 

1.  To  vote  '  Yes '  on  any  question  make  a  cross  X  mark  in  the 
square  opposite  the  word  '  Yes  \ 

2.  To  vote  '  No '  make  a  cross  X  mark  in  the  square  opposite 
the  word  '  No  \ 

3.  Mark  only  with  a  pencil  having  black  lead. 

4.  Any  other  mark,  erasure  or  tear  on  the  ballot  renders  it  void. 

5.  If  you  tear,  or  deface,  or  wrongly  mark  this  ballot,  return 
it  and  obtain  another." 

If  a  majority  of  the  electors  voting  on 

"  QUESTION  NO.  1 

Revised  Constitution 

Shall  all  of  the  Revised  Constitution  submitted  by  the  Con- 
stitutional Convention  not  included  in  Questions  2  and  3  be 
approved  ? " 

shall  make  a  cross  mark  in  the  square  opposite  the  word  "  Yes  " 
then  the  proposed  Revised  Constitution  shall  be  the  Constitution 
of  the  State  of  New  York,  except  as  the  same  may  be  modified  by 
the  result  of  the  vote  upon  the  second  and  third  questions  above 
specified. 

If  a  majority  of  the  electors  voting  on 

"  QUESTION  NO.  1 

Revised  Constitution 

Shall  all  of  the  Revised  Constitution  submitted  by  the  Con- 
stitutional Convention  not  included  in  Questions  2  and  3  be 
approved  ? " 

shall  make  a  cross  mark  in  the  square  opposite  the  word  "  No  " 
then  all  of  the  Revised  Constitution  submitted  by  Question  No.  1 
shall  be  declared  rejected,   and  the  present  Constitution  shall 


CONSTITUTIONAL  CONVENTION  741 

remain  in  force  except  as  the  same  may  be  modified  by  the 
result  of  the  votes  upon  the  second  and  third  questions  above 
specified. 

If  a  majority  of  the  electors  voting  on 

"  QUESTION  NO.  2 

Legislative  Apportionment 

Shall  the  proposed  amendments  to  Sections  2,  3,  4  and  5  of 
Article  III  relating  to  legislative  apportionment  be  approved?' 

shall  make  a  cross  mark  in  the  square  opposite  the  word  "  Yes  ", 
then  the  amended  sections  therein  described  shall  be  Sections  2, 
3,  4  and  5  of  Article  III  of  the  Constitution. 

If  a  majority  of  the  electors  voting  on 

"  QUESTION  NO.  2 

Legislative  Apportionment 

Shall  the  proposed  amendments  to  Sections  2,  3,  4  and  5  of 
Article  III  relating  to  legislative  apportionment  be  approved  ?  " 

shall  make  a  cross  mark  in  the  square  opposite  the  word  "  No  ", 
then  the  said  amendments  shall  be  declared  rejected,  and  Sections 
2,  3,  4  and  5  of  Article  III  of  the  present  Constitution  shall' 
remain  in  force  and  effect. 

If  a  majority  of  the  electors  voting  on 

"  QUESTION  NO.  3 

Taxation 

Shall  the  proposed  new  Article  X  relating  to  taxation  be  ap- 
proved ?  " 

shall  make  a  cross  mark  in  the  square  opposite  the  word  "  Yes  ", 
then  the  proposed  amendment  shall  be  Article  X  of  the  Revised 
Constitution,  provided,  however,  that  if  that  part  of  the  Revised 
Constitution  submitted  by  Question  No.  1  be  rejected,  then  the 
said  proposed  amendment  shall  be  Article  Vila  of  the  Constitu- 
tion, and  the  reference  in  Section  2  thereof  to  Section  2  of  Article 
XIII  shall  be  deemed  to  refer  to  Section  2  of  Article  X  of  the 
present  Constitution,  and  the  said  Article  Vila  shall  be  deemed 
to  be  amended  accordingly. 

If  a  majority  of  the  electors  voting  on 


742  JOURNAL  OF  THE 

"  QUESTION  NO.  3 
Taxation 

"  Shall  the  proposed  new  Article  X  relating  to  taxation  be 
approved  ? " 

shall  make  a  cross  mark  in  the  square  opposite  the  word  "  No  ", 
then  the  said  amendment  shall  he  declared  rejected,  and  if  that 
part  of  the  Revised  Constitution  submitted  by  Question  No.  1  be 
approved,  Articles  XI,  XII,  XIII,  XIY,  XV,  XYI,  XVII  and 
XVIII  of  the  Revised  Constitution  shall  be  Articles  X,  XI,  XII, 
XIII,  XIY,  XY,  XYI  and  XYII  thereof  respectively. 

Chapter  668  of  the  Laws  of  1915  relating  to  the  notice,  dis- 
tribution and  publication  of  amendments  to  the  Constitution  sub- 
mitted by  the  Constitutional  Convention  to  the  people  for  approval 
at  the  general  election  of  1915,  is  hereby  approved  and  made  the 
act  of  this  Convention,  and  the  Secretary  of  State,  the  Attorney- 
General  and  all  other  officers  mentioned  in  said  act  are  hereby 
authorized  and  directed  to  comply  with  the  provisions  thereof. 

But  no  failure  of  notice,  distribution  or  publication  as  therein 
provided  shall  invalidate  or  affect  the  submission  of  the  said  propo- 
sitions to  the  people  as  hereinbefore  prescribed  or  the  results  of 
their  action  thereon. 

The  provisions  of  the  Election  Law  in  regard  to  the  counting 
and  canvassing  of  votes  on  proposed  constitutional  amendments 
and  questions  submitted  shall  apply  to  the  counting  and  canvass- 
ing of  votes  on  the  questions  above  specified  except  as  herein 
otherwise  provided. 

Mr.  Foley  moved  to  amend  the  resolution  reported  by  said  com- 
mittee as  follows : 

Page  3,  line  12,  strike  out  "  X  relating  to  taxation  "  and  insert 
"  XY,  sections  1,  2  and  3  thereof  relating  to  municipal  govern- 
ment ". 

Page  4,  line  2,  strike  out  "  taxation  "  and  insert  "  municipal 
government ".  Line  3,  strike  out  "  X  "  and  insert  "  XY,  sec- 
tions 1,  2  and  3  thereof  ".  Line  4,  strike  out  "  taxation "  and 
insert  "  municipal  government  ". 

Page  5,  line  5,  strike  out  "  taxation  "  and  insert  "  municipal 
government  ".  Line  32,  strike  out  "  X  "  and  insert  "  XY,  sec- 
tions 1,  2  and  3  ",  and  strike  out  "  taxation  "  and  insert  "  munici- 
pal government". 

Page  6,  line  12,  strike  out  "  taxation  "  and  insert  "  municipal 
government ".  Line  13,  strike  out  "  X  "  and  insert  "XY,  sec- 
tions 1,  2  and  3  thereof  "  ;  strike  out  "  taxation  "  and  insert  "  mu- 
nicipal government". 


CONSTITUTIONAL  CONVENTION  743 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

•Mr.  J.  G.  Saxe  moved  to  amend  said  resolution  by  inserting  at 
end  of  page  six  "  The  determination  whether  any  of  the  three 
questions  has  received  the  number  of  votes  requisite  for  the  adop- 
tion thereof  may  be  contested  in  the  Supreme  Court  by  any  elector 
in  an  action  in  equity  brought  within  three  months  after  such 
election  against  the  Secretary  of  State  and  the  judgment 
rendered  shall  be  reviewable  by  the  Court  of  Appeals." 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  affirmative. 

Mr.  Wiggins  moved  to  amend  said  resolution  by  substituting 
therefor  the  following: 

Resolved,  That  each,  article  of  the  Constitution,  as  adopted  by 
this  Convention,  be  submitted  to  the  electors  of  the  state  separately 
so  as  to  permit  an  affirmative  or  negative  vote  upon  each  article. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

Mr.  Quigg  moved  to  amend  said  resolution  by  substituting 
therefor  the  following: 

Resolved,  That  the  Revised  Constitution  adopted  by  this  Con- 
vention be  submitted  to  the  people  for  their  adoption  or  rejec- 
tion at  the  general  election  to  be  held  on  the  2nd  day  of  November, 
one  thousand  nine  hundred  and  fifteen,  in  the  manner  following, 
that  is  to  say: 

The  submission  shall  be  in  one  proposition  as  follows : 
Shall  the  Revised  Constitution  be  adopted? 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

Mr.  Brackett  moved  to  amend  said  resolution  by  striking  out 
question  No.  2  thereof. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

Mr.  Barnes  moved  to  amend  said  resolution  as  follows : 

Resolved,  That  Section  29  of  Article  III  be  submitted  as 
question  4,  and 

Resolved,  That  Article  I  and  Section  19  be  submitted  as  ques- 
tion 5. 


744  JOURNAL  OF  THE 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  motion  and  it  was  determined  in  the  negative. 

The  President  then  put  the  question  whether  the  Convention 
would  agree  to  said  report  and  resolution,  and  it  was  determined 
in  the  affirmative, 

Mr.  Wickersham  offered  for  the  consideration  of  the  Convention 
a  resolution  in  the  words  following: 

Resolved,  That  the  resolution  of  the  Convention  this  day 
adopted  prescribing  the  time  and  manner  of  submission  of  the 
Revised  Constitution  heretofore  adopted  by  the  Convention  be 
authenticated  by  the  signatures  of  the  President  and  Secretary 
of  the  Convention  and  be  filed  by  them  in  the  office  of  the  Secre- 
tary of  State. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Wickersham,  from  the  special  committee  appointed  to  pre- 
pare an  address  to  the  people  of  the  State,  presented  the  following 
report: 

REPORT  OF  SPECIAL  COMMITTEE  TO  PREPARE  AND 
REPORT  A  FORM  OF  ADDRESS  TO  THE  PEOPLE 

To  the  Convention: 

The  Committee  appointed  pursuant  to  resolution  adopted  on 
September  3,  1915,  to  prepare  and  report  to  the  Convention  a 
form  of  address  to  the  people  of  the  State,  beg  leave  to  report  the 
annexed  proposed  address  and  to  recommend  its  adoption  by  the 
Convention. 

Dated,  Albany,  September  10,  1915. 

Geo.  W.  Wickersham, 

Chairman, 
Seth  Low, 
A.  T.  Clearwater, 
J.  G.  Schurman, 
Ledyard  P.  Hale. 

I  concur  in  recommending  the  proposed  Constitution  to  the 
favorable  consideration  of  the  electors  of  the  State,  except  the  re- 
tention of  the  present  provisions  of  the  existing  Constitution 
respecting  the  composition  of  the  Senate  and  Assembly. 

Morgan  J.  O'Brien. 


CONSTITUTIONAL  CONVENTION  745 


ADDRESS  TO  THE  PEOPLE  OF  THE  STATE  OF 
NEW  YORK 

The  Delegates  of  the  People  of  the  State  of  New  York  in  Con- 
vention Assembled  to  revise  and  amend  the  Constitution  of  the 
State  present  to  the  People  a  revised  Constitution  of  eighteen 
articles. 

We  have,  in  the  revised  Constitution  submitted,  retained  the 
general  framework  of  the  existing  Constitution,  and  have  recom- 
mended such  modifications  as  in  our  opinion  are  essential  to  the 
improvement  of  the  government  of  the  State  and  to  remedy  the 
most  striking  deficiencies  of  the  existing  system. 

Besides  striking  out  the  obsolete  matter,  we  have  considered 
upwards  of  800  amendments  proposed,  and  have  adopted  33.  The 
most  important  of  the  amendments  proposed  deal  with : 

1.  The  reorganization  of  the  State  government  on  its  ad- 
ministrative side  into  seventeen  civil  departments,  a  reduction 
in  the  number  of  elected  officers,  and  provisions  for  the  ap- 
pointment of  all  other  officers. 

2.  Provisions  affecting  the  Legislature,  designed  to  remove 
from  it  the  consideration  of  local  matters  and  private  claims, 
and  to  restore  it  to  its  true  function  of  enacting  laws  of 
general  application  and  of  making  necessary  appropriations 
for  the  conduct  of  the  State  government. 

3.  A  careful  regulation  of  and  change  in  the  method  of 
making  appropriations  for  the  expenses  of  the  State,  by 
means  of  an  annual  executive  budget. 

4.  Improvements  in  the  method  of  contracting  indebted- 
ness for  the  purposes  of  the  State,  and  the  substitution  of 
serial  for  sinking  fund  bonds. 

5.  The  grant  to  cities  of  as  large  a  control  of  their  own 
municipal  government  and  affairs  as  is  consistent  with  State 
sovereignty. 

6.  Authority  in  the  Legislature,  with  the  approval  of  the 
electors  of  such  county,  to  provide  for  any  county  optional 
forms  of  government  and  prohibiting  the  passage  of  local 
or  special  laws  relating  to  a  county,  except  at  the  instance 
of  its  local  authorities. 

7.  Reform  in  civiL  procedure  in  the  courts  of  the  State, 
and  provisions  affecting  the  organization  and  jurisdiction  of 


746  JOURNAL  OF  THE 

the  courts,  designed  to  prevent  delays  in  the  administration 
of  justice  and  to  simplify  litigation  and  make  it  less  ex- 
pensive. 

8.  State  control  over  the  assessment  of  taxes  on  personal 
and  intangible  property. 

9.  The  protection  of  the  natural  resources  of  the  State 
under  a  conservation  commission. 

10.  Provisions  for  the  benefit  of  wage  earners  by  creat- 
ing a  department  of  labor  and  industry,  by  extending  the 
benefits  of  the  Workmen's  Compensation  Act  to  embrace  oc- 
cupational diseases,  and  by  empowering  the  Legislature  to 
regulate  or  prohibit  manufacturing  in  tenement  houses. 

A  number  of  other  matters  of  only  less  importance  than  those 
above  referred  to  also  have  been  embodied  in  the  proposed  amend- 
ments. 

I.  The  modifications  we  recommend  in  the  organization  of  the 
executive  department  present  to  the  people  a  plan  for  ending  the 
present  unsystematic,  wasteful  and  irresponsible  State  govern- 
ment, under  which  its  executive  and  administrative  agencies 
are  distributed  among  more  than  one  hundred  and  fifty  bu- 
reaus, departments,  commissions,  boards  and  officials.  Many 
of  these  involve  duplication  of  the  work  of  others.  We  substitute 
for  them  a  concentration  of  all  such  activities  into  seventeen 
departments.  Of  these,  two,  namely,  the  Departments  of  Law 
and  Finance,  are  to  be  administered  by  the  Attorney-General 
and  the  Comptroller,  respectively;  four,  namely,  the  Depart- 
ments of  Labor  and  Industry,  Public  Utilities,  Conservation, 
and  Civil  Service,  are  under  the  direction  of  commissions  com- 
posed of  one  or  more  commissioners  appointed  for  terms  extend- 
ing beyond  that  of  the  Governor.  They  are  vested  with  both  legis- 
lative and  administrative  functions.  For  these  reasons,  the  con- 
sent of  the  Senate  is  required  to  their  appointment  by  the  Gov- 
ernor, and  they  are  made  removable  by  the  Governor  only  for  cause 
and  after  an  opportunity  to  be  heard.  The  Department  of  Educa- 
tion is  continued  under  the  administration  of  the  University  of 
the  State  of  New  York,  with  powers  to  be  exercised  by  regents 
chosen  by  the  two  houses  of  the  Legislature  voting  jointly  for 
terms  of  nine  years,  one  of  them  expiring  each  year.  Each  of 
the  remaining  ten  departments  is  placed  under  the  direction  of  a 
responsible  head  appointed  and  removable  by  the  Governor. 

We  have  applied  the  principle  of  the  short  ballot,  by  taking  the 
Secretary  of  State  and  the  State  Treasurer  out  of  the  class  of 


CONSTITUTIONAL  CONVENTION  747 

elective  officials,  and  abolishing  the  office  of  State  Engineer  and 
Surveyor  and  transferring  his  duties  to  the  Department  of  Public 
Works,  the  head  of  which  is  to  be  appointed  by  the  Governor. 
The  elected  State  officials  will  thus  be  the  Governor  and  Lieutenant- 
Governor,  Attorney-General  and  the  Comptroller,  all  for  the  term 
of  two  years. 

We  have  provided  that  at  the  session  immediately  following  the 
adoption  of  the  Constitution,  the  Legislature  shall  provide  by  law 
for  the  appropriate  assignment  to  and  among  these  seventeen  sev- 
eral departments,  of  all  the  civil  administrative  and  executive  func- 
tions of  the  State  government,  except  those  of  assistants  in  the 
office  of  the  Governor ;  that  no  new  department  shall  hereafter  be 
created,  and  that  any  bureau,  board,  commission  or  office  here- 
after created,  except  assistants  in  the  office  of  the  Governor,  shall 
be  placed  in  one  of  the  departments  so  enumerated. 

The  elective  State  officials  in  office  at  the  time  the  new  Consti- 
tution takes  effect  are  to  continue  in  office  until  the  end  of  their 
respective  terms. 

II.  We  have  extended  the  classes  of  private  or  local  bills 
which  the  Legislature  is  prohibited  from  passing  so  as  to  embrace 
bills  granting  to  any  corporation,  association  or  individual  the 
right  to  prove  a  claim  against  the  State,  or  against  any  civil  divi- 
sion thereof,  and  bills  authorizing  any  civil  division  of  the  State  to 
allow  or  pay  any  claim  or  account.  We  have  forbidden  the 
Legislature  to  audit  or  allow  any  private  claim  or  account  against 
the  State  or  a  civil  division  thereof,  while  authorizing  it  to  pay 
such  claims  and  accounts  against  the  State  as  shall  have  been 
audited  and  allowed  according  to  law.  We  have  provided  that  no 
public  moneys  or  property  shall  be  appropriated  for  the  construc- 
tion or  improvement  of  any  building,  bridge,  dike,  canal, 
feeder,  waterway,  or  other  work,  until  plans  and  estimates  of  the 
cost  of  such  work  shall  have  been  hied  with  the  Secretary  of  State 
by  the  Superintendent  of  Public  Works,  together  with  a  certificate 
by  him  as  to  whether  or  not  in  his  judgment  the  general  interests 
of  the  State  then  require  that  such  improvements  be  made  at  State 
expense. 

We  have  abolished  the  provisions  for  emergency  messages  by 
the  Governor,  and  have  required  that  no  bill  shall  be  passed  or 
become  a  law  unless  it  shall  have  been  printed  and  upon  the  desks 
of  the  members  in  its  final  form  at  least  three  calendar  legislative 
days  prior  to  its  final  passage. 

We  have  required  each  house  of  the  Legislature  not  only  to 
keep  a  complete  journal  of  its  proceedings,  but  also  a  record  of  its 
debates,  and  promptly  to  publish  the  same  from  day  to  day. 


748  JOURNAL  OF  THE 

The  salary  of  members  of  the  Legislature  was  fixed  at  $1,500 
per  annum  in  1875.  In  view  of  the  changes  in  the  value  of  money 
and  the  largely  increased  cost  of  living  during  the  forty  years  since 
that  date,  we  have  increased  that  compensation  to  $2,500  a  year, 
besides  the  actual  railroad  fare  of  the  members  paid  in  going  to 
and  returning  from  their  homes  not  oftener  than  once  a  week  dur- 
ing the  session  of  the  Legislature.  An  additional  reason  for  this 
increase  was  furnished  by  the  argument,  earnestly  pressed  upon 
us,  that  many  competent  and  desirable  citizens  cannot  afford  to  be- 
come members  of  the  Legislature  at  the  present  rate  of  compensa- 
tion. We  have  also  increased  the  salary  of  the  Governor,  after 
January  1, 1917,  to  $20,000  a  year,  as  more  suitable  to  the  dignity 
and  responsibility  of  the  office  of  Chief  Executive  of  the  State. 

III.  We  have  proposed  a  radical  change  in  the  method  of  pro- 
viding for  the  necessary  expenditures  of  the  State.     Instead  of 
leaving  the  Legislature  to  make  appropriations  without  any  com- 
prehensive and  systematic  study  of  the  needs  of  the  various  de- 
partments of  the  State  government,  and  the  sources  of  its  revenue, 
leaving  to  the  Governor  the  power  and  duty  after  the  adjournment 
of  the  Legislature  to  go  over  the  appropriation  bills  and  cut  out 
items  which  appear  to  him  to  be  unnecessary  or  improper,  we  have 
sought  to  restore  the  true  American  ideal  which  accords  with  the 
genius  and  history  of  our  institutions,  by  requiring  the  preparation 
by  the  heads  of  departments  in  advance  of  each  legislative  session 
of  itemized  estimates  of  appropriations  to  meet  the  financial  needs 
of  each  department  for  the  ensuing  year,  and  the  preparation  by 
the  Governor,  after  public  hearing,  for  submission  to  the  Legisla- 
ture, of  a  complete  budget  or  plan  of  proposed  expenditures  and 
estimated  revenues.     We  give  to  the  Governor  and  the  heads  of 
the  departments  the  right  to  appear  before  the  Legislature  and  be 
heard  respecting  the  budget,  and  make  it  their  duty  so  to  appear 
if  requested  by  either  house.     We  give  to  the  Legislature  the 
power  to  reduce  or  eliminate,  but  not  to  increase  any  item  in 
such  proposed  budget.     The  appropriation  bills  enacted  after  this 
procedure  are  to  become  laws  without  the  Governor's  approval. 
Appropriations  for  the  expenses  of  the  judiciary  and  the  Legis- 
lature are  left  subject  to  the  Governor's  veto  power  as  at  present. 
We  have  sought  by  these  provisions  to  substitute  responsible  for 
irresponsible  government;  appropriations  based  upon  thorough  in- 
vestigation, comprehensive  information,  and  in  the  light  of  in- 
formed public  discussion  followed  by    deliberate    action    in    the 
early  period  of  the  legislative  session,  for  the  present  complex, 
irresponsible  system  of  legislation,   often  by   secret  conference 


CONSTITUTIONAL  CONVENTION  749 

in  committee  and  hurried  enactment  with  the  aid  of  emergency 
messages  in  the  closing  hours  of  the  session.  We  believe  that 
these  provisions  must  lead  to  the  elimination  of  many  useless  or 
improvident  expenditures,  and  result  in  a  greater  economy  in  the 
administration  of  the  State  finances. 

IV.  We  have  also  recommended  provisions  changing  the  present 
cumbersome,  uncertain  and  costly  system  of  providing  sinking 
funds  for  the  retirement  of  bonds  issued  by  the  State,  by  requiring 
all  bonds  of  the  State  to  be  issued  in  serials  not  extending  beyond 
the  estimated  life  of  the  work  or  improvement  for  which  the 
debt  is  contracted,  payable  in  equal  annual  installments,  and 
therefore  requiring  no  sinking  funds. 

V.  We  have  proposed  as  large  a  measure  of  Home  Rule  for 
the  cities  of  the  State  as  is  consistent  with  the  recognition  and  re- 
tention of  the  sovereignty  of  the  State.     We  provide  that  every 
city   shall   have  the    exclusive   power   to   manage,    regulate  and 
control    its    own    property,    affairs    and    municipal    government. 
Such  power    shall   include,   among  others,  the   right   to  organize 
and    manage    the    departments    of    the    city    government,    and 
to    regulate    the    compensation    and    method    of    removal    of  all 
city    officers    and    employees,     thus    enabling    them    to    obtain 
what  is  just  and  fair,   both  for  themselves  and  the  taxpayers, 
without  the  necessity  in  the  first  instance  of  application  to  the 
State  Legislature.    As  a  last  resort,  or  as  a  matter  of  State  policy, 
the  Legislature  retains  power  to  redress  just  grievances  by  the  enact- 
ment of  laws  applicable  to  all  the  cities  of  the  State  without  classi- 
fication or  distinction.   We  make  it  the  duty  of  the  Legislature  by 
general  laws  to  provide  for  the  organization  of  new  cities  in  such 
manner  as  to  secure  to  them  the  exercise  of  powers  thus  granted. 
We  provide  a  method  for  the  adoption  by  existing  cities  of  new 
charters  for  the  exercise  of  such  powers,  which  charters  must 
be  submitted  to  the  Legislature  and  become  effective  if  not  disap- 
proved by  it.     Among  the  powers  so  granted  is  that  of  adopting 
amendments  to  charters ;  but  amendments  which  change  the  frame- 
work of  the  city  government,  or  modify  restrictions  as  to  issuing 
bonds  or  contracting  debts,  must  be  submitted  to  the  Legislature, 
and  shall  take  effect  as  law  sixty  days  after  such  submission,  unless 
in  the  mean  time  the  Legislature  shall  disapprove  the  same  by  joint 
resolution.    We  prohibit  the  Legislature  from  passing  any  law  re- 
lating to  the  property,  affairs  or  municipal  government  of  a  city, 
except  such  as  is  applicable  to  all  the  cities  of  the  State  without 
classification  or  distinction,  and  we  empower  the  Legislature  to 
delegate  to  the  cities,  for  exercise  within  their  respective  local 


750  JOURNAL  OF  THE 

jurisdictions,  such  of  its  powers  of  legislation  as  to  matters  of 
State  concern  as  it  may  from  time  to  time  deem  expedient.  We 
also  require  the  Legislature  to  provide  for  the  method  and  limita- 
tions under  which  debts  may  be  contracted  by  the  cities,  counties, 
towns,  villages  and  other  civil  divisions  of  the  State,  to  the  end 
that  such  debts  shall  be  payable  in  annual  instalments,  the  last 
of  which  shall  fall  due  and  be  paid  within  fifty  years  after  such 
debts  shall  have  been  contracted,  and  in  no  event  for  a  period 
longer  than  the  probable  life  of  the  work  or  object  for  which  it  is 
to  be  contracted. 

VI.  We  authorize  the  Legislature  by  general  law  to  establish 
different  forms  of  government  for  any  county  not  wholly  included 
within  a  city,  to  become  effective  only  when  approved  by  the 
electors  of  the  county,  and  to  confer  upon  any  elective  or  appoint- 
ive county  officer  or  officers  any  of  the  powers  and  duties  now 
exercised  by  the  towns  in  any  county,  or  by  any  officer  of  a  town, 
relating  to  highways,  public  safety  and  the  care  of  the  poor. 
We  have  provided  that  no  local  or  special  law  relating  to  a  county 
or  counties,  except  those  wholly  included  within  a  city,  shall  be 
enacted,  except  upon  request  by  resolution  of  the  governing  body 
of  the  county  or  counties  to  be  affected.  We  have  also  authorized 
the  Legislature  by  general  laws  to  confer  upon  the  boards  of  super- 
visors or  other  governing  bodies  of  the  several  counties  of  the 
State  such  further  powers  of  local  legislation  and  administration 
as  the  legislature  may  from  time  to  time  deem  expedient. 

VII.  We  have  sought  to  remove  the  basis  for  complaints  of  de- 
lays and  undue  expense  in  the  administration  of  justice,  by 
amendments  dealing  with  (1)  rules  of  procedure,  and  (2)  the 
organization  and  jurisdiction  of  courts  and  judges.  As  to  the 
first,  we  require  the  Legislature  to  enact  at  its  next  session  a 
short  and  simple  civil  practice  act  which  it  may  not  alter  or 
'amend,  unless  at  the  request  of  the  judges  empowered  to  frame 
civil  practice  rules,  except  at  intervals  of  five  years,  and  then 
only  after  report  by  a  commission  appointed  to  consider  the  sub- 
ject. We  give  to  the  judges  of  the  Court  of  Appeals  and  Supreme 
Court  exclusive  power  to  make  rules  of  court  to  regulate  details 
of  civil  practice.  By  these  provisions  we  not  only  do  away  with 
the  confused  and  complicated  mass  of  statutes  which  constitute 
the  Code  of  Civil  Procedure,  but  we  substitute  for  a  rigid  statu- 
tory regulation  of  practice  rules  of  court  made  to  facilitate  the 
progress  of  litigation  without  undue  technicalities  and  delays. 
(2)  We  recommend  an  increase  in  the  number  of  justices  com- 
posing the  Appellate  Division  of  the  Supreme  Court  in  the  first 
department  from  seven  to  not  less  than  ten  nor  more  than  twelve, 


CONSTITUTIONAL  CONVENTION  751 

.  and  in  the  second  department  from  five  to  seven.  To  supply  this 
enlarged  force,  provision  is  made  for  the  election  of  two  new 
justices  in  the  first  district.  In  1914,  the  Appellate  Division  in 
the  first  department  disposed  of  1,500  appeals  and  840  motions, 
more  than  double  that  of  any  other  court  in  the  State,  except  the 
Appellate  Division  in  the  second  department,  which  in  1914  de- 
cided about  70  per  cent,  of  that  number.  The  changes  in  organi- 
zation and  increase  in  the  number  of  justices  recommended  is 
essential  to  cope  with  this  great  volume  of  business. 

The  number  of  cases  undisposed  of  in  the  Court  of  Appeals  has 
been  steadily  increasing.  It  requires  more  than  two  years  after 
appeal  taken  to  that  court  before  a  case  not  entitled  to  preference 
can  be  reached  for  argument.  There  are  now  more  than 
600  cases  pending  before  it.  We  recommend  that  the 
number  of  permanently  elected  judges  be  increased  to  ten, 
and  that  the  three  Supreme  Court  justices  now  sitting  in 
the  Court  of  Appeals  by  designation  of  the  Governor  be  continued 
as  associate  judges  of  the  court  until  the  expiration  of  their  re- 
spective terms,  after  which  their  successors  shall  be  elected  as 
associate  judges  of  the  Court  of  Appeals.  For  the  purpose  of  dis- 
posing of  the  present  accumulation  of  business,  we  require  the 
Court  of  Appeals  within  three  months  after  the  Constitution  takes 
effect,  to  designate  for  temporary  service  in  that  court  not  less 
than  four  nor  more  than  six  justices  of  the  Supreme  Court, 
and  thereupon  to  divide  the  Court  of  Appeals  into  two  parts  each 
of  seven  judges,  each  part  having  equal  jurisdiction  to  hear  and 
dispose  of  the  cases  which  shall  be  distributed  between  them  by 
the  chief  judge.  When  the  accumulation  of  cases  has  been  re- 
duced to  100,  but  not  later  than  December  31,  1917,  the  Supreme 
Court  justices  are  to  return  to  their  court  and  the  Court  of 
Appeals  is  then  to  resume  its  normal  condition  as  a  single  court. 
Similar  provisions  are  made  to  deal  with  accumulations  of  cases 
in  the  future. 

In  order  to  facilitate  impeachment  of  officers  of  the  State  in 
proper  cases,  we  have  provided  that  the  Legislature,  of  its  own 
motion,  may  convene  to  take  action  in  the  matter  of  the  removal 
of  a  judge  of  the  Court  of  Appeals  or  justice  of  the  Supreme 
Court ;  that  the  Assembly,  of  its  own  motion,  may  convene  for  the 
purposes  of  impeachment,  and  that  the  court  for  the  trial  of  im- 
peachments may  order  all  or  any  part  of  the  testimony  in  any 
case  to  be  taken  and  reported  by  a  committee  composed  of  mem- 
bers of  the  court,  except  that  the  impeached  officer  must  be  al- 
lowed to  testify  before  the  court  if  he  so  desire.  Applying  the 
principle  that  no  man  shall  serve  as  judge  in  a  cause  in  the 


752  JOURNAL  OF  THE 

outcome  of  which  he  has  a  personal  interest,  we  provide  that  on  the 
trial  of  an  impeachment  of  the  Governor  or  Lieutenant-Governor, 
neither  the  Lieutenant-Governor  nor  the  Temporary  President  of 
the  Senate  shall  act  as  a  member  of  the  court 

We  have  provided  for  the  appointment  by  the  Appellate  Divi- 
sions in  the  first  and  second  departments  of  Supreme  Court  Com- 
missioners to  act  as  referees  or  to  determine  the  compensation  to 
be  paid  when  private  property  is  taken  for  a  public  use,  and  to 
perform  such  other  duties  as  may  be  devolved  upon  them  by  special 
order,  rule  of  court  or  the  civil  practice  rules. 

We  have  increased  the  jurisdiction  of  county  courts  in  common 
law  actions  for  the  recovery  of  money  only  from  $2,000  to  $3,000^ 
and  we  have  authorized  the  Legislature  to  confer  upon  them  juris- 
diction over  actions  against  non-residents  having  an  office  for  the 
regular  transaction  of  business  within  the  county  when  the  cause 
of  action  arises  within  the  county. 

Recognizing  the  greatly  increased  efficiency  which  has  been 
realized  by  the  consolidation  of  numerous  small  courts  into  single 
tribunals  so  organized  that  their  entire  judicial  force  may  be  kept 
occupied  by  the  distribution  of  the  business  within  the  jurisdic- 
tion of  the  court  among  its  various  terms  and  parts,  we  have 
provided  for  the  extension  from  and  after  January  1,  1917,  over 
the  whole  city  of  New  York,  of  the  jurisdiction  of  the  Court  of 
General  Sessions  in  and  for  the  city  and  county  of  New  York,  the 
abolition  of  the  county  courts  of  Kings,  Queens,  Richmond  and 
Bronx  and  the  transfer  to  the  Court  of  General  Sessions  of  the 
criminal  jurisdiction  of  those  courts.  We  have  also  provided  for 
the  extension  from  and  after  January  1,  1917,  over  the  whole  city 
of  the  jurisdiction  of  the  City  Court  of  the  city  of  New  York, 
the  transfer  to  it  of  the  civil  jurisdiction  of  the  county  courts  of 
Kings,  Queens,  Richmond  and  Bronx,  and  the  increase  of  its 
jurisdiction  in  common  law  actions  for  the  recovery  of  money 
only  to  $3,000. 

In  order  to  obviate  delays  in  criminal  cases  we  have  author- 
thorized  the  Legislature  to  confer  upon  any  inferior  local 
court  power  to  try  without  a  jury  offenses  of  the  grade  of 
misdemeanor.  We  have  provided  that  any  person  may,  in  the 
manner  prescribed  by  law,  after  examination  or  commitment  by 
a  magistrate,  waive  indictment  and  trial  by  jury  on  a  charge  of 
felony  punishable  by  not  exceeding  five  years  imprisonment,  or 
of  an  indictable  misdemeanor,  all  subsequent  proceedings  being 
had  by  information  before  a  superior  court  of  criminal  jurisdic- 
tion, or  a  judge  or  justice  thereof.     This  will  remove  a  source  of 


CONSTITUTIONAL  CONVENTION  753 

serious  complaint  in  those  counties  where  there  is  sometimes  a 
period  of  three  and  four  months  between  grand  juries,  so  that  a 
person  charged  with  crime,  even  if  willing  to  plead  guilty,  must 
be  held  on  bail,  or  kept  in  prison,  until  the  next  session  of  the 
grand  jury,  in  order  that  the  formality  of  indictment  may  be  ob- 
served before  his  plea  can  be  received.  We  have  provided 
that  in  any  criminal  case  the  party  accused  shall  have  the  right 
to  at  least  one  appeal.  We  have  also  provided  that  every  person 
shall  be  entitled  to  the  equal  protection  of  the  laws. 

To  enable  the  Legislature  to  deal  with  delinquent  children, 
not  as  criminals,  but  as  wards  of  the  State,  and  to  regulate  do- 
mestic relations  on  a  broader  basis  than  the  mere  enforcement  of 
penal  laws,  we  have  empowered  the  Legislature  to  establish 
children's  courts  and  courts  of  domestic  relations,  as  separate 
courts  or  parts  of  existing  courts  or  courts  hereafter  created,  and 
to  confer  upon  them  such  equity  and  other  jurisdiction  as  may  be 
necessary  for  the  correction,  protection,  guardianship  and  dis- 
position of  delinquent,  neglected  or  dependent  minors,  and  for  the 
punishment  of  adults  responsible  therefor,  and  of  all  persons 
legally  chargeable  with  the  support  of  wife  or  children  who  have 
abandoned  or  neglected  to  support  either. 

To  prevent  the  constant  partisan  political  legislation  affecting 
the  court  of  claims,  we  have  continued  that  court  as  a  constitu- 
tional tribunal,  with  appropriate  jurisdiction  for  the  hearing  and 
determination  of  claims  against  the  State. 

VIII.  We  recommend  the  adoption  of  a  new  article  respecting 
taxation,  which  empowers  the  Legislature  to  prescribe  how  taxable 
subjects  shall  be  assessed,  and  to  provide  for  officers  to  execute 
laws  relating  to  the  assessment  and  collection  of  taxes,  and  for  the 
supervision,  review  and  equalization  of  assessments.  We  provide 
that  the  power  of  taxation  shall  never  be  surrendered,  suspended 
or  contracted  away,  except  as  to  securities  of  the  State  or  a  civil 
division  thereof,  and  that  hereafter  no  exemption  from  taxation 
shall  be  granted,  except  by  general  laws  and  upon  an  affirmative 
vote  of  two-thirds  of  all  the  members  elected  to  each  house. 

We  recommend  provisions  under  which  the  Legislature  for  the 
assessment  of  real  property  heretofore  locally  assessed  may,  with 
the  approval  of  the  electors,  establish  tax  districts  embracing  one 
county  or  any  part  thereof,  and  make  the  assessment  roll  for  such 
district  serve  for  all  the  lesser  tax  districts  within  its  boundaries, 
thus  providing  a  uniform  rule  of  assessment  for  all  purposes 
throughout  the  county  or  district. 
48 


754  JOUKtfAL  OF  THE 

IX.  We  have  provided  for  a  department  of  conservation,  to 
consist  of  nine  commissioners  to  serve  without  compensation  and 
to  be  appointed  for  terms  to  expire  in  nine  successive  years,  their 
successors  to  be  appointed  for  terms  of  nine  years  each,  one  of 
whom  shall  reside  in  each  judicial  district.  This  department  is 
charged  with  the  development  and  protection  of  the  natural  re- 
sources of  the  State,  the  encouragement  of  forestry  and  the  sup- 
pression of  forest  fires  throughout  the  State,  the  exclusive  care, 
maintenance  and  administration  of  the  forest  preserve,  the  con- 
servation, prevention  of  pollution  and  regulation  of  the  waters  of 
the  State,  the  protection  and  propagation  of  its  fish,  birds,  game, 
shell-fish  and  Crustacea,  except  migratory  fish  of  the  sea  within  the 
limits  of  the  marine  district.  We  continue  the  provision  that  the 
forest  preserve  shall  be  forever  kept  as  wild  forest  lands.  We 
require  the  Legislature  annually  to  make  provision  for  the  pur- 
chase of  real  property  within  the  Adirondack  and  Catskill  parks, 
the  reforestation  of  lands  and  the  making  of  boundary  and  valua- 
tion surveys,  and  we  provide  that  the  violation  of  any  of  the  pro- 
visions of  the  article  dealing  with  conservation  may  be  restrained 
at  the  suit  of  the  people,  or  of  any  citizen. 

X.  We  have  recognized  the  needs  of  the  wage  earning  class  of 
our  people;  (1)  by  creating  the  Department  of  Labor  and  In- 
dustry as  one  of  the  civil  departments  of  the  State  government,  at 
the  head  of  which  is  to  be  an  Industrial  Commission  or  Com- 
missioner as  may  be  provided  by  law;  (2)  by  including  in  the 
amended  constitution  the  provisions  of  the  Workmen's  Compen- 
sation amendment  adopted  in  1913,  and  extending  its  provisions 
so  as  to  embrace  compensation  for  injury  or  death  resulting  from 
occupational  diseases  of  employees,  and  (3)  by  conferring  upon 
the  Legislature  power  to  regulate  or  prohibit  manufacturing  in 
tenement  houses. 

XL  We  have  extended  the  existing  constitutional  prohibition 
against  the  sale,  lease  or  other  disposition  of  the  Erie  and  other 
canals  so  as  to  embrace  canal  terminals  heretofore  or  hereafter 
constructed,  and  we  have  provided  that  the  abandonment,  sale  or 
other  disposition  of  canals  or  canal  property  which  shall  cease  to 
be  a  portion  of  the  canal  system  of  the  State,  shall  be  only  under 
and  pursuant  to  general  law»  which  shall  secure  to  the  State  a 
fair  appraised  v«)ue  of  the  property  abandoned  or  sold.  We  pro- 
vide that  the  Legislature  by  general,  not  special  laws,  may  provide 
for  the  lee**  of  surplus  waters  of  the  State  canals. 


CONSTITUTIONAL  CONVENTION  755 

XII.  We  have  continued  with  but  slight  changes  the  provisions 
of  the  existing  Constitution  -^pecting  the  composition  of  the 
Senate  and  Assembly,  and  the  reapportionment  of  their  members 
according  to  the  number  of  inhabitants  of  the  State,  exclusive  of 
aliens.  We  provide  that  such  reapportionment,  after  the  year 
1916,  shall  be  based  upon  the  Federal  census,  unless  the  same  shall 
not  be  available ;  and,  in  conformity  with  the  home  rule  principle 
in  its  application  to  counties,  we  provide  that  in  any  city  em- 
bracing an  entire  county,  or  more  than  one  county,  and  having  no 
board  of  supervisors,  the  members  elected  from  such  county  to  the 
board  of  aldermen,  or  other  body  most  nearly  exercising  the  powers 
of  the  board  of  aldermen,  shall  meet  and  divide  such  county  into 
assembly  districts  according  to  the  rule  prescribed  by  the  Con- 
stitution. 

XIII.  We  leave  unchanged  the  provisions  in  the  present  Consti- 
tution requiring  the  State  to  provide  for  the  maintenance  and  sup- 
port of  a  system  of  free  common  schools  wherein  all  the  children  of 
the  State  may  be  educated,  and  forbidding  the  use  of  the  property, 
credit  or  money  of  the  State  directly  or  indirectly  for  the  aid  or 
maintenance  of  any  school  or  institution  wholly  or  in  part  under 
the  control  or  direction  of  any  religious  denomination. 

XIV.  We  have  not  deemed  it  expedient  to  recommend  provisions 
making  more  difficult  the  adoption  of  amendments  to  the  Constitu- 
tion ;  but  in  order  that  the  attention  of  the  public  may  be  directed 
to  any  attempts  at  amendment,  we  nave  provided  that  in  case  any 
proposed  amendment  to  the  Constitution  shall  be  adopted  by  either 
house  of  the  Legislature,  on  the  first  Tuesday  following  such 
adoption,  the  two  houses  shall  convene  in  joint  session  for  the  con- 
sideration thereof,  and  that  thereafter  the  proposal  shall  be  con- 
sidered and  acted  upon  by  the  two  houses  separately,  and  that  such 
proposal  shall  not  be  passed  until  after  it  shall  have  been  printed 
and  upon  the  desks  of  the  members  in  its  final  form  for  at  least 
five  calendar  legislative  days  prior  to  final  action. 

XV.  Other  provisions  not  herein  specifically  enumerated  have 
been  adopted  by  us  as  desirable  amendments  to  the  existing  Con- 
stitution. Ws  earnestly  recommend  all  of  these  proposals  to  the 
favorable  consideration  of  the  electors  of  the  State,  believing  that 
their  adoption  will  result  in  a  very  great  improvement  in  the  gov- 
ernment of  the  State  and  its  civil  divisions,  and  thus  promote  the 
welfare  of  ail  of  its  inhabitants. 


756 


JOURNAL  OF  THE 


The  President  put  the  question  whether  the  Convention  would 
agree  to  said  report  and  resolution,  and  it  was  determined  in  the 
affirmative. 

Those  who  voted  in  the  affirmative  were : 


Adams 

Deyo 

Lincoln 

Parker 

Steinbrink 

Aiken 

Doughty 

Lindsay 

Parsons 

Stimson 

Allen  F  C 

Dunlap 

Low 

Pelletreau 

Tierney 

Angell 

Fancher 

McKean 

Phillips  S  K 

Tuck 

Barrett 

Fobes 

McKinney 

Reeves 

Van  Ness 

Bayes 

Franchot 

McLean 

Rhees 

Waterman 

Beach 

Gladding 

Mandeville 

Rodenbeck 

Webber  C  A 

Bell 

Greff 

Martin  L  M 

Ryder 

Westwood 

Bernstein 

Hale 

Marshall 

Sanders 

Whipple 

Berri 

Heaton 

Mathewson 

Sargent 

White  C  J 

Brenner 

Hinman 

Mealey 

Saxe  M 

Wickersham 

Buxbaum 

Johnson 

Meigs 

Schoonhut 

Williams 

Clearwater 

Jones 

Newburger 

Schurman 

Winslow 

Cobb 

Landreth 

Nicoll  D 

Sears 

Wood 

Coles 

Latson 

Nixon 

Sharpe 

Young  C  H 

Cullinan 

Law 

O'Brian  J  L 

Smith  E  N 

Young  F  L 

Curran 

Leggett 

O'Brien  M  J 

Standart 

President 

Dennis 

Lennox 

Owen 

Those  who  voted  in 

the  negative  were: 

Austin 

Daly 

Eppig 

Kirby 

Sheehan 

Baldwin 

Dick 

Fogarty 

Kirk 

Shipman 

Barnes 

Donnelly 

Foley 

Leary 

Slevin 

Blauvelt 

Donovan 

Ford 

Martin  F 

Smith  R  B 

Bockes 

Dooling 

Frank 

Ostrander 

Smith  T  F 

Brackett 

Drummond 

Green 

Quigg 

Stowell 

Bunce 

Dunmore 

Griffin 

Rosch 

Unger 

Burkan 

Dykman 

Harawitz 

Ryan 

Ward 

Byrne 

Eisner 

Heyman 

Saxe  J  G 

Weed 

Dahm 

Endres 

88 


47 

Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution  in  the  words  following : 

Resolved,  That  the  address  to  the  people  now  adopted  be  authen- 
ticated by  the  President  and  Secretary  of  the  Convention  and 
filed  by  them  in  the  office  of  the  Secretary  of  State ;  that  in  addi- 
tion to  the  number  provided  for  in  Rule  70  and  the  distribution 
thereof  provided  for  in  Rule  71,  20,000  copies  thereof  be  printed 
as  a  Convention  document ;  that  100  copies  be  distributed  to  each 
delegate  and  the  remaining  copies  be  disposed  of  as  the  President 
may  direct. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution  in  the  words  following: 

Resolved,   That  the  President  of  the  Convention  be  and  he 


CONSTITUTIONAL  CONVENTION  757 

hereby  is  authorized  to  designate  some  suitable  person  or  persons 
to  revise  and  index  the  Eecord  of  the  Convention  and  to  index 
the  Journal,  documents,  and  the  Proposed  Constitutional  Amend- 
ments and  that  the  expense  incurred  for  such  services  (not  ex- 
ceeding $5,000)  be  paid  out  of  the  moneys  heretofore  appropri- 
ated for  the  expenses  of  the  Convention  upon  vouchers  signed  by 
the  President  or  the  Vice-President  of  the  Convention  and  by  the 
Secretary  or  the  Assistant  Secretary  designated  by  the  Secretary 
for  that  purpose.  The  work  to  be  done  under  the  supervision 
and  approval  of  a  committee  of  three  members  of  the  Convention 
to  be  appointed  by  the  President. 

Further  Kesolved,  That  the  revised  Eecord,  Journal  and  docu- 
ments be  printed  and  bound  under  the  Convention  printing  con- 
tract ;  that  the  printed  and  bound  copies  be  delivered  to  the  State 
Library  for  distribution  to  delegates,  libraries,  educational  insti- 
tutions, and  otherwise,  and  that  the  sum  of  ten  thousand  dollars 
($10,000),  or  so  much  thereof  as  shall  be  necessary,  be  paid  for 
such  printing  and  binding  out  of  the  unexpended  balance  of  the 
appropriation  of  the  expenses  of  the  Convention. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  the  words  following: 

Eesolved,  That  the  Assistant  Secretary  charged  with  winding 
up  the  business  of  the  Convention  deposit  all  books,  records,  and 
papers  of  the  Convention  not  required  to  be  filed  with  the  Secre- 
tary of  State,  or  otherwise  provided  for  by  the  orders  of  the  Con- 
vention, in  the  State  Library. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 
Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Eesolved,  That  all  stationery,  supplies  and  material  purchased 
for  the  Convention  and  remaining  after  the  close  of  its  business 
be  delivered  to  the  Superintendent  of  Buildings  to  be  disposed  of 
as  the  Legislature  shall  provide. 


758  JOURNAL  OF  THE 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following : 

Eesolved,  That  the  thanks  of  this  Convention  be  tendered  to 
the  members  of  the  Revision  Committee  for  their  painstaking, 
exacting  and  arduous  labors  in  their  work  in  connection  with  the 
Convention. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Conven* 
tion  a  resolution,  in  the  words  following : 

Resolved,  That  the  thanks  of  this  Convention  be  tendered  to 
John  H.  Finley,  Commissioner  of  Education,  and  to  his  assistants 
in  charge  of  the  State  Library,  for  their  courtesy  and  kindness  to 
the  delegates  of  the  Convention  during  its  session. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  S.  K.  Phillips  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  Michael  T.  McGrath,  General  Clerk  of  the 
Assembly,  Ned  A.  Cyphers,  stenographer  to  the  clerk  of  the 
Assembly,  and  G.  C.  Squires,  second  assistant  journal  clerk  of 
the  Assembly,  be  allowed  and  paid  each  the  sum  of  four  hundred 
and  fifty-five  dollars  for  services  rendered  to  the  Constitutional 
Convention  while  the  Assembly  was  not  in  session  and  at  such 
times  as  their  services  were  not  required  by  the  duties  of  their 
positions. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  S.  K.  Phillips  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  services  of  Assistant  Secretary  Hammond, 
Harvy  B.  Dingman,  superintendent  of  documents;  John  S.  Pat- 
terson, assistant  superintendent  of  documents;  R.  C.  Derrick, 
index  clerk ;  Joseph  V.  Allen,  chief  of  pages ;  Otto  Werner,  mes- 


CONSTITUTIONAL  CONVENTION  759 

senger,  be  continued  for  thirty  days  and  that  the  services  of  Cor- 
nelius Shufelt,  clerk  to  the  Committee  on  Contingent  Expenses, 
and  Fred  M.  Bishop,  financial  clerk,  be  continued  for  ten  days  to 
close  up  the  work  of  the  Convention,  and  that  the  officers  of  the 
Convention  be  authorized  to  certify  their  compensation  and  ex- 
penses at  the  rates  heretofore  fixed  by  the  Convention. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  J.  L.  O'Brian  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following : 

Eesolved,  That  the  thanks  of  this  Convention  be  tendered  to 
the  officers,  clerks  and  employees  of  the  Convention  for  their  able 
and  efficient  services,  and  the  satisfactory  manner  in  which  they 
have  discharged  the  duties  of  their  several  offices. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Parsons  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Eesolved,  That  the  thanks  of  this  Convention  be  tendered  to  the 
elevator  men  and  other  employees  of  the  Capitol  building  for  their 
courtesy  and  kindness  to  the  delegates  of  the  Convention  during 
its  session. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Stimson  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Eesolved,  That  the  President  be  authorized  upon  the  approval 
of  the  Eevised  Constitution  by  the  people,  to  appoint  from  the 
members  of  the  Convention  a  committee  of  thirty  to  tender  to 
the  Legislature  their  services  as  a  committee  and  through  appro- 
priate sub-committees  to  aid  towards  the  performance  of  the 
difficult  and  important  duties  which  will  rest  upon  the  Legislature 
of  1916. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 


760  JOURNAL  OF  THE 

Mr.  Wiggins  offered  for  the  consideration  of  the  Convention  a 
resolution,  in  the  words  following: 

Resolved,  That  the  Secretary  of  State  be  requested  to  furnish 
each  member  of  the  Convention  with  one  hundred  copies  of  the 
Proposed  Constitutional  Amendments  prepared  by  him  for  deliv- 
ery to  the  voters  of  the  State,  showing  the  old  matter  stricken 
out  and  the  new  matter  inserted. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  thanks  of  the  Convention  be  extended  to 
the  Librarian  and  Assistant  Librarian  of  the  Legislative  Library 
for  their  efficient  services  during  the  session  of  the  Convention.  . 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following:    . 

Resolved,  That  the  thanks  of  the  Convention  are  hereby  ten- 
dered to  the  gentlemen  of  the  press  for  the  fairness  and  impar- 
tiality with  which  they  have  set  before  the  public  the  proceedings 
and  the  work  of  the  Convention. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Wickersham  the  Convention  took  a  recess 
until  six  o'clock  and  forty-five  minutes  p.  m.,  and  the  Chair  was 
requested  to  appoint  a  committee  to  wait  upon  the  Secretary  of 
State  and  inform  him  that  at  that  hour  the  President  would  be 
ready  to  present  to  him  the  official  copy  of  the  Revised  Consti- 
tution. 

The  President  appointed  as  such  committee  Vice-Presidents 
Schurman  and  O'Brien  and  Mr.  Wickersham. 


CONSTITUTIONAL  CONVENTION  761 


SIX  O'CLOCK  AND  FORTY-FIVE  MINUTES  P.  M. 

The  Convention  again  convened. 

Mr.  Wickersham  offered  for  the  consideration  of  the  Conven- 
tion a  resolution,  in  the  words  following: 

Resolved,  That  the  thanks  of  the  Convention  be  extended  to 
John  K.  Marshall,  stenographer,  and  his  assistants,  and  to  J.  B. 
Lyon  Company,  Printers,  for  their  excellent  work  for  and  service 
to  the  Convention. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 

The  President  presented  the  communication  of  the  Secretary 
of  State  in  relation  to  the  recent  enumeration  and  in  response  to 
a  resolution  of  the  Convention,  which  was  ordered  spread  upon 
the  Eecord. 

The  committee  appointed  to  wait  upon  the  Secretary  of  State 
presented  Hon.  F.  M.  Hugo,  Secretary  of  State,  and  the  Presi- 
dent delivered  to  him  for  preservation  among  the  archives  of  the 
State  the  engrossed  copy  of  the  Revised  Constitution  as  adopted 
by  the  Convention,  duly  attested  by  the  signatures  of  the  Presi- 
dent and  Secretary  as  directed  by  the  Convention. 

Mr.  D.  Nicoll  offered  for  the  consideration  of  the  Convention 
a  resolution,  in  words  following: 

Resolved,  That  the  thanks  of  this  Convention  be  tendered  to 
the  Hon.  Elihu  Root  for  the  ability,  fairness  and  courtesy  which 
have  distinguished  his  services  as  President  of  this  Convention. 

Mr.  Vice-President  Schurman  put  the  question  whether  the 
Convention  would  agree  to  said  resolution,  and  it  was  determined 
in  the  affirmative. 

Mr.  Sheehan  offered  the  consideration  of  the  Convention  a 
resolution,  in  words  following: 

Resolved,  That  the  thanks  of  the  Convention  be  tendered  to 
the  Hon.  Jacob  Gould  Schurman  and  the  Hon.  Morgan  J.  O'Brien 
for  their  efficient  and  impartial  services  as  Vice-Presidents  of 
this  Convention. 

The  President  put  the  question  whether  the  Convention  would 
agree  to  said  resolution,  and  it  was  determined  in  the  affirmative. 


762  JOURNAL  OF  THE  CONVENTION 

September  10,   1915 

Pursuant  to  the  authority  vested  in  me  by  the  following  reso- 
lution : 

Resolved,  That  the  President  of  the  Convention  be  and  he 
hereby  is  authorized  to  designate  some  suitable  person  or  persons 
to  revise  and  index  the  Record  of  the  Convention  and  to  index 
the  Journal,  documents,  and  the  Proposed  Constitutional  Amend- 
ments and  that  the  expense  incurred  for  such  services  (not  ex- 
ceeding $5,000)  be  paid  out  of  the  moneys  heretofore  appro- 
priated for  the  expenses  of  the  Convention  upon  vouchers  signed 
by  the  President  or  the  Vice-President  of  the  Convention  and 
by  the  Secretary  or  Assistant  Secretary  designated  by  the  Secre- 
tary for  that  purpose.  The  work  to  be  done  under  the  super- 
vision and  approval  of  a  committee  of  three  members  of  the  Con- 
vention to  be  appointed  by  the  President. 

Further  Resolved,  That  the  revised  Record,  Journal,  and  docu- 
ments be  printed  and  bound  under  the  Convention  printing  con- 
tract ;  that  the  printed  and  bound  copies  be  delivered  to  the  State 
Library  for  distribution  to  delegates,  libraries,  educational  insti- 
tutions, and  otherwise,  and  that  the  sum  of  ten  thousand  dollars 
($10,000),  or  so  much  thereof  as  shall  be  necessary,  be  paid  for 
such  printing  and  binding  out  of  the  unexpended  balance  of  the 
appropriation  of  the  expenses  of  the  Convention. 

I  hereby  designate  Fred  W.  Hammond  and  William  K.  Mans- 
field, as  his  assistant,  to  revise  and  index  the  Record  of  the  Con- 
stitutional Convention  of  1915  and  to  index  the  Journals,  docu- 
ments and  Proposed  Constitutional  Amendments  thereof. 

And  I  hereby  appoint  Leroy  A.  Lincoln,  George  A.  Blauvelt 
and  Robert  R.  Law  to  be  the  committee  under  the  supervision 
and  approval  of  which  the  said  work  of  revision  and  indexing  is 
to  be  done,  Mr.  Lincoln  to  be  chairman  of  the  committee. 

Elihu  Root, 
President  of  the  Convention, 

The  work  of  the  Convention  being  finished,  the  President  de- 
clared the  Constitutional  Convention  of  1915  adjourned  sine  die. 


INDEX  TO  JOURNAL 
CONSTITUTIONAL  CONVENTION 

1915 


INDEX  TO  JOURNAL 


^  PAGE 

Abandonment  cases,  article  6,  new  section  24  (Int.  No.  564), 
by  Mr.  Clearwater 192 

Abandonment,  cases,  local  courts,  article  6,  section  18  (Int. 
No.  542),  by  Mr.  Stimson 189 

Actions  against  State,  as  an  individual,  article  1,  section  1 

(Int.  No.  95),  by  Mr.  Westwood 47,  248,     306 

Address  to  people,  fixing  time  and  manner  of  submission, 
proposed  constitution 637 

Administration,  bureau  of,  establishing,  article  4,  new;  ar- 
ticle 5,  new  (Int.  No.  498),  by  Mr.  J.  G.  Saxe 179,     199 

218,  384,     456 

Aerial  forces,  State  militia,  article  11,  section  3  (Int.  No. 

401),  by  Mr.  Bannister 149 

Agriculture : 

agricultural  organization,  memorial  from 243 

commissioner  of,  appointment,  etc.,  article  5,  sections 
1,  2,  5,  repeals  sections  3,  4  (Int.  No.  172),  by  Mr. 
Bernstein 74 

commissioner  of,  to  be  elected  by  people,  article  5,  sec- 
tion 1  (Int.  No.  109),  by  Mr.  Bockes 55 

drainage,  local  bills  for,  prohibited,  article  3,  section  18 
(Int.  No.  54),  by  Mr.  E.  B.  Smith 39 

drainage,  property  for,  article  1,  section  7  and  new  sec- 
tion (Int.  No.  55),  by  Mr.  R.  B.  Smith 40 

irrigation,  drainage,  conservation  department,  article  7, 
new  section  7  (Int.  No.  438),  by  Mr.  Green 159,     361 

irrigation,  Public  Service  Commission  to  regulate,  ar- 
ticle 5,  new  section  (Int.  No.  688),  by  Mr.  Lan- 
dreth 238,     339 

lands,  leases,  reserved  rents,  article  1,  repeal  section  13 
(Int.  No.  34),  by  Mr.  Austin 37,  221,  '262,     281 

supervision  by  commerce  and  labor  department,  article 
5,  section  2  (Int.  No.  86),  by  Mr.  E.  N.  Smith 46 

swamps,  draining,  local  bills,  article  3,  section  18  (Int. 

No.  624),  by  Mr.  Wickersham 206,  217,  284,     287 

290,  314,     335 

water,  regulating  for  agricultural  purposes,  article  1, 
section  7  (Int.  No.  687),  by  Mr.  Landreth 237 


766  INDEX 

PAGE 

Air,  pressure,  vessels,  regulating,  article  3,  new  section  (Int. 

No.  488),  by  Mr.  Fogarty 177,     342 

Albany,  common  council,  resolutions  from 289 

Albany  Society  of  Civil  Engineers,  communication  from.  .  .      133 

Alert  Hose  and  Chemical  Company,  memorial  from 184 

Altkrug,  Louis  J.,  communication  from 257 

Amendments,  which  the  Legislature  has  submitted,  Secre- 
tary of  State  to  furnish  convention 41 

Amsterdam,  chamber  of  commerce,  resolutions  from 445 

Andrews,    C.    C,   secretary  of   Minnesota    State   Forestry 

Board,  communication  from 56 

Andrews,  Hon.  Charles,  congratulations  of  the  convention  on 
his  eighty-eighth  birthday 132 

Appeal,  by  people,  criminal  action,  article  1,  section  6  (Int. 
No.  636),  by  Mr.  F.  Martin 208 

Appeal,  by  people  in  criminal  cases,  article  1,  section  6  (Int. 
No.  11),  by  C.  H.  Young 28,     244 

Appeals,  criminal  cases,  as  of  right,  article  1,  section  4  (Int. 
No.  494),  by  Mr.  Harawitz 178 

Appeals,  criminal  court  of,  establishing,  article  6,  section  6 

(Int.  No.  21),  by  Mr.  Aiken 30 

Appeals,  of  right,  article  1,  section  4-7 ;  article  8,  section  9, 
repeal  article  7,  section  l(Int.  No.  720),  by  Bill  of  Eights 
Committee 514,  600,  641,  654,  657,  658      659 

Appellate  Division,  abolish,  article  6,  sections  2,  7  (Int.  No. 

445),  by  Mr.  Bayes 164 

Appellate  Division,  abolish,  article  6,  sections  1-3,  5-7,  9, 
12,  14-23  (Int.  No.  611),  by  Mr.  Westwood 199 

Appellate  Division,  departments,  judges,  etc.,  article  6,  sec- 
tion 2  (Int.  No.  591)  by  Mr.  Mandeville 196 

Appellate  Division,  departments,  judicial  counsel,  article  6, 

new  section  2-b  (Int.  No.  185)  by  Mr.  Rodenbeck 76 

Appellate  Division,  designating  justices,  article  6,  section  2 

(Int.  No.  148),  by  Mr.  Bernstein 67 

Appellate  Division,  judges,  etc.,  regulating,  article  6,  new 
section  (Int.  No.  485),  by  Mr.  Adams 177 

Appellate  Division,  jurisdiction,  etc.,  regulating,  article  6, 

sections  1-13  (Int.  No.  302),  by  Mr.  Gladding 117 

Appellate  Division,  justices,  designating,  etc.,  article  6,  sec- 
tion 2  (Int.  No.  336),  by  Mr.  Steinbrink 127 


INDEX  767 


PAGE 


Appellate  Division,  number  of  appeals  from  orders  and  judg- 
ments, clerk  to  procure 79 

Appellate  Division,  remove  county  officers,  article  10,  sec- 
tion 1  (Int.  No.  435),  Mr.  R.  B.  Smith 159,  203,     468 

Appellate  Division,  remove  county  officers,  article  10,  sec- 
tion 1  (Int.  No.  717),  by  County,  Town  and  Village  Com- 
mittee       468 

Appellate  Division,  remove  inferior  court  judges,  article  6, 
section  11  (Int.  No.  522),  by  Mr.  Deyo 182 

Appellate  divisions,  regulating,  article  6,  sections  1,  2,  4,  7, 

12,  section  8,  repeal  (Int.  No.  229),  by  Mr.  Kirk 92 

Appellate  Division,  veto  civil  code  bill,  article  3,  new  sec- 
tion (Int.  No.  622),  by  Mr.  Baldwin 206 

Appellate  Division,  take  evidence,  etc.,  article  6,  new  section 

9-a  (Int.  No.  352),  by  Mr.  Rodenbeck 130 

Appellate  Division,  first  and  second  departments,  increase, 
article  6  (Int.  No.  718),  by  Judiciary  Committee.  .  .480,     523 
526,  532,  534,  536,  537*,  539,  551,  590-594,  614,  618,     619 

Appellate  Division,  third  and  fourth  departments,  salary,  ar- 
ticle 6,  section  12  (Int.  No.  240),  by  Mr.  Clearwater. .  93,       94 

Appellate  Division,  to  make  court  rules,  article  6,  new  sec- 
tion 2-a  (Int.  No.  183),  by  Mr.  Rodenbeck 75 

Appellate  Division,  trial,  special  term,  fix,  article  6,  section 
2  (Int.  No.  311),  by  Mr.  Sargent 119 

Apportionment,  assembly  districts,  comparative  figures  by 
counties 108 

Appropriation,  annual  budget,  etc.,  article  4,  section  4  (Int. 
No.  156),  by  Mr.  E.  N.  Smith 68 

Appropriation  bills,  introducing,  time  of,  article  3,  sections 
21,  22;  article  4,  section  4  (Int.  No.  458),  by  Mr.  J.  G. 
Saxe  . 166,  204,     384 

Appropriation  bills,  originate  in  Assembly,  article  3,  section 

13  (Int.  No.  168),  by  Mr.  Pelletreau 73 

Appropriation  bills,  passage,  article  3,  sections  15,  20,  21, 
24  (Int.  No.  338),  by  Mr.  A.  E.  Smith 127,  232,     233 

Appropriation  bills,  vetoes  by  Governor,  article  4,  section  9 
(Int.  No.  157),  by  Mr.  E.'  N.  Smith.  . 68 

Appropriation  bills,  veto  items,  article  4,  section  9  (Int.  No. 
343),  by  Mr.  Tanner 128 

Appropriation  by  Legislature,  article  4,  section  10  (Int.  No. 

13),  by  Mr.  C.  H.  Young 29,  155,     383 


768  INDEX 

PAGE 

Appropriations  by  Legislature,  budget,  article  4,  new  section 

10  (Int.  No.  19),  by  Mr.  Aiken 29,  42 

Appropriation,  limit  to  income,  article  5,  new  section  (Int. 

No.  416),  by  Mr.  Wadsworth 151,     383 

Appropriation,  1916,  period  covered  by,  article  3,  section  21 

(Int.  No.  158),  by  Mr.  E.  N.  Smith 68,     383 

Appropriation,  recommended  by  Governor,  article  5,  new 
section  (Int.  No.  341),  by  Mr.  A.  E.  Smith 128,  224,     383 

Appropriation,  sinking  fund  surplus,  article  7,  section  5 

(Int.  No.  199),  by  Mr.  Blauvelt 82 

Appropriation,  State  budget,  article  5,  new  section  (Int.  No. 
630),  by  Mr.  Parsons 207,     384 

Appropriations,  conservation  department,  annual,  new  arti- 
cle; repeal  article  7,  section  7  (Int.  No.  708),  by  Conser- 
vation Committee 360,  376,  424,  427,  429,  432,     442 

524,  535,  552,  588,  589,  613,  616,     618 

Appropriations,  emergency,  article  3,  section  15  (Int.  No. 
589),  by  Mr.  Mandeville 196 

Appropriations,  private  claims,  prohibited,  article  3,  new 
section  (Int.  No.  701),  by  Legislative  Powers  Commit- 
tee  309,  377,  428,  478,  479,  480,  499,  500,  504,     508 

Appropriations,  private,  local,  article  3,  section  20  (Int.  No. 

266),  by  Mr.  Mann 104 

Appropriations,  laws  making,  regulating,  article  3,  section 
21  (Int.  No.  326),  by  Mr.  P.  B.  Smith 122,  153,     215 

Appropriations,  life,  one  year,  article  (Int.  No.  696),  by 

Legislative  Powers  Committee 285.  343,  423,  543,     613 

616,  624,  629,     635 

Appropriations,  limit  to  budget,  article  3,  new  section  (Int. 

No.  432),  by  Mr.  Meigs.' 158,     384 

Appropriations,  regulating,  article  3,  new  section  (Int.  No. 

315),  by  Mr.  Barnes 120,  126,  135,  278,  301,  310,     383 

Appropriations,  regulating,  article  7,  sections  2,  4,   5,  11 

(Int.  No.  692),  by  Finance  Committee 250,     287 

Appropriations,  sinking  funds,  regulating,  article  7,  section 

11  (Int.  No.  520),  by  Mr.  Lincoln.  .V. 182 

Appropriations,  State  budget  for,  article  3,  section  21  (Int. 

No.  709),  by  Finance  Committee 384,  445,  446,  454 

455,  501,  510,  519 
Appropriations,  State  budget,  etc.,  article  4,  section  4  (Int. 

No.  221),  by  Mr.  Pelletreau 91,  156,  383 


INDEX  769 

PAGE 

Appropriations,  State,  life  of,  article  3,  section  21  (Int.  No. 

79),  by  Mr.  Austin 45 

Appropriations,  to  meet  public  improvement  bonds,  article 

7,  new  section  (Int.  No.  340),  by  Mr.  A.  E.  Smith 128 

Arbitration,   department  of,   article   5,   new  section    (Int. 

No.   545),  by  Mr.   Parsons 189 

Arbitration,  laws  for,  strikes,  etc.,  article  1,  section  9  (Int. 

No.  203),  by  Mr.  Rosch 82,       94 

Arrests,  civil  cases,  limitation  upon,   article  1,  section  6 

(Int.  No.  59),  by  Mr.  Buxbaum 40,     248 

Arrests,  civil  cases,  limiting,  article  1,  section  5  (Int.  No. 

357),  by  Mr.  Brenner 130 

Arrests,  civil  cases,  prohibited,  article  1,  section  6    (Int. 

No.  117),  by  Mr.  Latson 57     248 

Assembly : 

adjournment,  article  3,  section  15  (Int.  No.  589),  by 

Mr.  Mandeville   196 

appropriation  bills,  originating,   article  3,  section  13 

(Int.  No.  168),  by  Mr.  Pelletreau 73 

bills,  passage,  limit  to  50  a  week,  article  3,  section  13 

(Int.  No.  667),  by  Mr.  Westwood 213,  290,     291 

constitutionality,   referendum,   new  article   (Int.   No. 

558),  by  Mr.  Eisner 191,     215 

districts,  apportionment,  comparative  figures  by  coun- 
ties        108 

impeachment  by  convening  for,   article  3    (Int.   No. 

696),  by  Legislative  Powers  Committee.  .2*85,  343,     423 

543,  613,  616,  624,  629,     635 
impeachment,   extra  session  for,   article  4,   section  4 

(Int.  No.  291),  by  Mr.  R.  B.  Smith.  .  .111,  279,     303 
358,  452,  508,  511,  521,  535,  584,     585 
impeachment  of  judges  and  'State  officers,  article  6, 

section  13  (Int.  No.  141),  by  Mr.  R.  B.  Smith.  .        65 
impeachment  of  public  officers,  article  6,  section  13 

(Int.  No.  518),  by  Mr.  Johnson 182 

impeachment  of  public  officers,  article  6,  section  13 

(Int.  No.  39),  by  Mr.  Lincoln 37 

speaker,  act,  as  governor,  etc.,  article  4,  section  6,  7 

(Int  No.  385),  by  Mr.  R.  B.  Smith. .  143,  295,  406,     579 

600,     605 
25 


770  INDEX 

Assembly  —  Continued :  PAGE 

speaker,   canal  board,   art.    5,   repeal  section   5 ;   new 

section    (Int.    No.    725),   by   Governor  and   Other 

State  Officers  Committee 615,  641,  642     648 

speaker,  succession  to  office  of,  article  3,  new  section 

(Int.  No.  386),  by  Mr.  E.  B.  Smith 143 

speaker,    temporary,    choosing,    article    3,    section    10 

(Int.  No.  290),  by  Mr.  K.  B.   Smith.. Ill,   132,     239 

274,  288,  575,  600,  604 
State  officers,  seats,  article  5,  section  2  (Int.  No.  223), 

by  Mr.  Pelletreau 91,     125 

Assemblymen : 

appearing  as  attorney,  certain  cases,  prohibited,  article 
3,  new  section  (Int.  No.  653),  by  Mr.  Cobb 211 

districts,  New  York  City,  number,  fix,  article  3,  sec- 
tion 5  (Int.  No.  335),  by  Mr.  Buxbaum 127 

districts,  reapportion,  article  3,  sections  3-5 ;  article  6, 
section  1;  article  12,  section  2  (Int.  No.  389),  by 
Mr.  Betts 144 

districts,  reapportioning,  article  3,  section  4  (Int.  No. 

680),   by   Legislative   Organization   Committee 235 

255,     276 

districts,  reapportioning,  article  10,  section  6;  article 
3,  sections  2,  3,  4,  5  and  8,  repeal  section  7  (Int. 
No.  722),  by  Legislative  Organization  Committee.  .      556 

629,  638,  645,  647,  652,  653 

districts,  reapportioning  by  legislature,  article  3,  sec- 
tion 4  (Int.  No.  684),  by  Mr.  Haffen 237 

Election,  cumulative  voting  for,  article  3,  new  section 

(Int.  No.  586),  by  Mr.  Green 195 

New  York  City,  districts,  election,  etc.,  article  3,  new 
section  (Int.  No.  587),  by  Mr.  Green 195 

number,  districts,  article  3,  section  4  (Int.  No.  559), 

by  Mr.  Griffin 191 

number,   districts,   apportioning,   article  3,   section   5, 

new  (Int.  No.  355),  by  Mr.  A.  E.  Smith 130 

number,  districts,  terms,  article  3,  sections  2-4  (Int. 
No.  693),  by  Mr  Haffen 257 

number,  fixing,  etc.,  article  3,  section  5  (Int.  No. 
317),  by  Mr.  Bunce 120 


INDEX  771 

Assemblymen  —  Continued :  page 

number  of,  increasing,  article  3,  section  5   (Int.  No. 

174),  by  Mr.  Haffen 74 

number  of,  salary,  terms,  article  3,  sections  1,  6,  12, 

14,  15,  16,  20,  25,  repeal  3,  4,  13  (Int.  No.  230), 

by  Mr.  Kirk 92,     200 

number,  75,  term  2  years,  article  3,  section  2    (Int. 

No.  626),  by  Mr.  C.  Nicoll 207 

salary,  increasing,  article  3,  section  6  (Int.  No.  96), 

by   Mr.    Latson 53 

salary,  increasing,  article  3,  section  6  (Int.  No.  697), 

by  Legislative  Organization  Committee.  .296,  406,     407 

510,  518,  555,  561,  585,     586 
salary,  increase  to  $3,000,  article  3,  section  6  (Int.  No. 

48),  by  Mr.   Griffin 39 

salary,  $3,000,  article  3,  section  6  (Int.  No.  396),  by 

Mr.   Curran    145 

salary,   $3,000,  allowances,  article  3,  section  6    (Int. 

No.  133),  by  Mr.  Harawitz 64 

salary,  $2,500,  article  3,  section  6  (Int.  No.  294),  by 

Mr.  Tuck   Ill 

terms,  two  years,  article  3,  section  2  (Int.  No.  47)  by 

Mr.  Griffin 39 

terms,  two  years,  article  3,  section  2 ;  article  10,  sec- 
tion 6  (Int.  No.  244),  by  Mr.  Lindsay 94 

terms,  two  years,  article  3,  section  2  (Int.  No.  166), 

by   Mr.    Pelletreau 73 

terms,  2  years,  article  3,  section  2  (Int.  No.  459),  by 

Mr.   Tanner ■ 166 

terms,  two  years,  article  3,  section  2  (Int.  No.  417), 

by  Mr.   Wadsworth 151,     215 

terms,  two  years,  article  3,  section  2  (Int.  No.  32),  by 

Mr.  Wiggins    .  . .  . 36 

terms,  two  years,  salary  $2,500,  article  3,  sections  2,  6 

(Int.  No.  30),  by  Mr.  Richards 36 

terms,  two  years,  salary  $2,500,  article  3,  sections  2,  6 

(Int.  No.  93),  by  Mr.  Standart 47 

Assessments,    for   taxes,   uniform,    article   1,    new   section 

(Int.  No.  46),  by  Mr.  Griffin 39,       42 

Athletics,  fighting  exhibits,  forbidden,  article  1,  section  9 

(Int.  No.  139),  by  Mr.  Quigg 65 


772  INDEX 

PAGE 

Attorney-General,  appointed  by  Governor,  article  5,  sec- 
tions 1,  2,  5,  repeal  sections  3,  4  (Int  No.  172),  by  Mr. 
Bernstein 74,   232,     456 

Attorney-General,  appointed  by  Governor,  articles  4,  5,  8, 
10,  11  (Int.  No.  472),  by  Mr.  Deyo 168,  227,     456 

Attorney-General,  appointed  by  Governor,  article  5,  section 
1  (Int.  No.  125),  by  Mr.  C.  Nicoll 58,     456 

Attorney-General,  appointed  by  Governor,  article  5,  section 
1    (Int.   No.   222),  by  Mr.  Pelletreau 91,     456 

Attorney-General,  canal  board,  article  5,  repeal  section  5 ; 
new  section  (Int.  No.  725),  by  Governor  and  Other 
State  Officers  Committee 615,  641,  642,     648 

Attorney-General,  conservation  advisory  board,  article  5, 
new  section  (Int.  No.  569),  by  Mr.  Angell 193,     361 

Attorney-General,  deputies,  assign  departments,  article  5, 
section  1  (Int.  No.  179),  by  Mr.  L.  M.  Martin 75,     456 

Attorney-General,  election,  appointment,  regulation,  article 
5,  sections  1-3,  and  new  section  10  (Int.  No.  246),  by 
Mr.  Berri 96,     107 

Attorney-General,  legal  affairs,  State  departments,  article  5, 

section  1  (Int.  No.  605),  by  Mr.  Kirby 198 

Attorney-General,  member  Governor's  council,  article  4, 
section  4   (Int.  No.  221),  by  Mr.  Pelletreau 91,     156 

Attorney-General,  4  year  term,  article  5,  section  1  (Int. 
No.    109),   by  Mr.   Bockes 55 

Attorney-General,  4  year  term,  article  5,  section  1   (Int. 

No.  134),  by  Mr.  Dooling 64,     161 

Attorney-General,  4  year  term,  article  5,  section  2  (Int.  No. 
415),  by  Mr.  Wadsworth . 151 

Attorney-General,  seat  in  legislature,   article  5,  section  2 

(Int.  No.  223),  by  Mr.  Pelletreau 91,     125 

Attorney-General,  to  furnish  information,  relative  to  courts 
and  boards  of  claims 89-90,  112,  262,     271 

Attorney-General,  to  furnish  information,  relative  to  mat- 
ters pending  before  court  of  claims 80 

Attorneys,  admission  to  practice,  oath,  article  13,  section  1, 

(Int.  No.  153),  by  Mr.  Clearwater 68 

Audit,  department  of,  article  5,  sections  1-4;  repeal  sec- 
tions 6-7;  new  article  5  (Int.  No.  716),  by  Governor 
and  Other  State  Officers  Committee.  .456,  548,  562,  563,     571 

572,  573,  587,  615,  623,  629,     633 


INDEX  773 

PAGE 

Audit,  State  department  of,  article  5,  section  1  (Int.  No. 
694),  by  Mr.  J.  G.  Saxe 272,     456 

Audit,  State  department  of,  article  4  new;  article  5  new 

(Int.  No.  540),  by  Mr.  J.  G.  Saxe.  .189,  204,  227,384,     456 

Auditor-General,  elected  by  legislature,  article  5,  new  sec- 
tion (Int.  No.  675),  by  Mr.  Franchot 231 

B 
Banking : 

banking,  moneyed  corporations,  regulating,  article  8, 
section  4,  and  repeal  sections  5-8  (Int.  No.  474),  by 

Mr.  Leggett 168,     345 

moneyed  corporations,  regulating,  article  3,  new  section 

(Int.  No.  580),  by  Mr.  E.  B.  Smith 194,     345 

securities,  municipal,  commission  to  regulate,  article 

8,  new  section  (Int.  No.  455),  by  Mr.  Baldwin.  .        165 

204,  229,  431,     525 
stocks,  etc.,  dealing  on  margins  prohibited,  article  1, 

section  9   (Int.  No.  387),  by  Mr.  Deyo 143,     509 

stocks,  etc.,  exchanges,  regulating,  article  3,  new  sec- 
tion (Int.  No.  581),  by  Mr.  R  B.  Smith 195,     341 

superintendent  of,  appointment,  etc,  article  5,  sections 
1,  2,  5,  repeal  sections  3,  4  (Int.  No.  172),  by  Mr. 

Bernstein 74,  232,     456 

superintendent  of,  election,  etc.,  article  5,  section  1 

(Int.  No.  332),  by  Mr.  O'Connor 123 

supervision   of,    State  finance  department,   article   5, 
section  2  (Int.  No.  86),  by  Mr.  E.  N.  Smith.  .46,     223 

227 

Baptist  Ministers  Conference,  communication  from 277 

Bar  Association,  State,  proposal  of 85 

Bar  Association,  State,  recommendations  presented  by  Mr. 

Clearwater 26,     146 

Binghamton    Engineering    Society,    legislative   committee, 

report  of 184 

Binghamton,  Exempt  Firemen's  Association,  petition  from.     161 
Boilers,  pressure,  supervision,  article  3,  new  section  (Int. 

No.  488),  by  Mr.  Fogarty 177,     342 

Boliver,  Citizens'  Hose  Company  No.  2  and  J.  B.  Bradley 
Hose  Company  No.  1  of  village  of,  memorials  from 260 


774  INDEX 


PAGE 


Bonds,  etc.,  gifts  to  cities,  towns  and  villages,  article  8,  sec- 
tion 10  (Int.  No.  108),  by  Mr.  Bockes 55 

Bonds  issued  under  article  7  of  Constitution,  amount  and 

term  of  comptroller  to  furnish  statement  on 50 

Bonds,  municipal,  issue,  regulating,  article  8,  new  section 

(Int.  No.  455),  by  Mr.  Baldwin 165,  204,  229,  431,  525 

Bonds,  public  improvement,  maturity,  article  8,  new  section 

(Int.  No.  646),  by  Mr.  Van  Ness 210 

Bonds,  serial,  cities,  counties,  villages,  article  8,  section  10, 

and  new  section  12  (Int.  No.  713)  by  Cities  Committee     431 
432,  504,  542,  546,  556,  601,  603,  620,  621,  630,     631 

Bonds,  serial,  for  State  debts,  article  7,  section  4  (Int.  No. 

509),  by  Mr.  Austin 180,     245 

Bonds,  State,  anticipation  taxes,  article  7,  section  2  (Int. 
No.  437),  by  Mr.  K.  B.  Smith 159 

Bonds,  State  debts,  serial,  article  7,  sections  4,  11,  12  (Int. 
No.  469),  by  Mr.  K.  B.  Smith 167 

Bonds,  State,  for  public  improvement,  article  7,  new  section 

(Int.  No.  340),  by  Mr.  A.  E.  Smith 128 

Bonds,    State,  municipal,   serial,   article  7,  new  section  4 

(Int.  No.  649),  by  Mr.  E.  N.  Smith 210 

Book-making,    prohibited,    article    1,    section    9    (Int.    No. 

644),  by  Mr.  Brackett 210 

Borough  of  Brooklyn,  residents,  memorial  from 430 

Borough  of  Manhattan,  residents,  memorial  from 444 

Brackett,  Mr.  excused  from  voting,  revised  constitution.  .  .      736 

Bribery,  article  13,  sections  2,  3,  4,  repeal  (Int.  No.  473), 
by  Mr.  Leggett 168 

Bribery,  enactments,  etc.,  obtained  by,  void,  article  13,  new 
sections  5,  6,  7  (Int.  No.  63),  by  Mr.  Buxbaum 43 

Bridges,  part  of  highway,  article  7,  section  12   (Int.  No. 

430),  by  Mr.  Heaton 158 

Bronx  Board  of  Trade,  resolution  from 245 

Bronx  County  Bar  Association,  memorial  from 301 

Bronx  Property  Owners  Association,  communication  from.     133 

Brotherhood    of    Locomotive    Engineers,    Firemen,     Con- 
ductors, and  Trainmen,  memorial  from 445 

Brotherhood  of  Kailroad  Trainmen,   resolutions  from,  on 
short  ballot 379 

Brown,  Hon.  E.  R.,  communication  from 512 


INDEX  775 

PAGE 

Budget,  appropriations  not  included  in,  article  4,  section  9 

(Int.  No.  157),  by  Mr.  E.  N.  Smith 68 

Budget,  commission,  State,  article  4,  new  section  10  (Int. 

No.  13),  by  Mr.  C.  H.  Young 29,  155,  383 

Budget,  State,  article  3,  new  section  (Int.  No.  315),  by  Mr. 

Barnes 120,  126,  135,  278,  301,  310,  383 

Budget,  State,  preparing,  etc.,  article  4,  section  4  (Int.  No. 

156),  by  Mr.  E.  N.  Smith 68 

Budget,  State,  preparing,  etc.,  article  4,  new ;  article  5  new 

(Int.  No.  498),  by  Mr.  J.  G.  Saxe 175,  199,  218,  384,  456 

Budget,  State,  preparing,  etc.,  article  4  new ;  article  5  new 

(Int.  No.  540),  by  Mr.  J.  G.  Saxe.  .189,  204,  227,  384,  456 
Budget,  State,  providing  for,  article  4,  section  10  (Int.  No. 

19),  by  Mr.  Aiken 29,  42,     383 

Budget,  State,  providing  for,  article    3,    section    21    (Int. 

No.  709),  by  Finance  Committee 384,  445,  446,  454,     455 

501,  510,  519 
Budget,  State,  providing  for,  article  5,  new  section  (Int. 

No.  630),  by  Mr.  Parsons 207,     384 

Budget,  State,  providing  for,  etc.,  article  3,  sections  21,  22; 

article  4,  section  4  (Int.  No.  458),  by  Mr.  J.  G.  Saxe.  .      166 

204,  384 
Budget,  State,  transmit  to  legislature,  article  3,  new  section 

(Int.  No.  432),  by  Mr.  Meigs.  ..:...' 158,     384 

Budget  system,  preparing,  article  5,  sections  1-4;  6-7  re- 
peal; new  article  5   (Int.  No.  716),  by  Governor  and 

Other  State  Officers  Committee 456,  548,  562,  563,     571 

572,  573,  587,  615,  623,  629,  633 
Budget,  transmit  to  legislature,  article  4,  section  4   (Int. 

No.  221),  by  Mr.  Pelletreau 91,  156,     383 

Buffalo: 

canals,  Erie  basin,  sale,  lease,  article  7,  section  8  (Int. 

No.  519),  by  Mr.  Clinton 182 

Chamber  of  Commerce,  resolutions  from 512 

debt  limit,  water  debts  excluded,  article  8,  section  10 

(Int.  No.  665),  by  Mr.  Sanders 213,     431 

debt  limit,  water  debts,  article  8,  section  10  and  new 

section  12  (Int.  No.  713),  by  Cities  Committee. . .     431 

432,  504,  542,  546,  556,  601,  603,  620,  621,  630,     631 
public  franchises,  condemnation,  article  1,  new  section 

20  (Int.  No.  674),  by  Mr.  M.  Saxe 231 


776  INDEX 

PAGE 

Buildings,  bridges,  appropriations  for,  article  3,  section  20 
(Int.  No.  719),  by  Finance  Committee.  .  .513,  547,  557,     607 

631 

Buildings,  dangerous  to  health,  taking,  article  3,  new  sec- 
tion (Int.  No.  671),  by  Mr.  Bannister 225,     579 

Buildings,  destroy,  regulating,  certain  areas,  article  1,  sec- 
tions 6,  7  (Int  No.  500),  by  Mr.  Parsons 179,     218 

Buildings,    height,    etc.,    regulating,  article  3,  new  section 

(Int.  No.  669),  by  Mr.  Bannister 225,     579 

Buildings,  State  control  engineering  department,  article  5, 
new  section  (Int.  No.  645),  by  Mr.  Landreth 210,     232 

Buildings,  tax  rate,  article  8,  new  section  9-a   (Int.  No. 
450),  by  Mr.  Baldwin 164 

Buildings,  zones,  cities,  article  12,  new  section  (Int.  No. 
489),  by  Mr.  Bayes 177,     579 

Buildings,  zones,  etc.,  regulating,  article    3,    new    section 
(Int  No.  670),  by  Mr.  Bannister. 225,     579 

Buildings,  zones,  municipalities,  article  3,  new  section  (Int 
No.  724),  by  Cities  Committee 579 

Business  corporations,  regulating,  article  8,  new  section  16 
(Int  No.  180),  by  Mr.  L.  M.  Martin 75,     345 

Bus  lines,  franchises,  regulating,  article  3,  section  18  (Int. 
No.  566),  by  Mr.  Mealy 192 

Butler,  Nicholas  Murray,  communication  from 65 

C 
Call  of  the  Convention,  moved  by: 

Mr.   President    538 

Mr.  Quigg 300,  314,     500 

Mr.  Wickersham 498 

Canal  board,  to  furnish  record,  use  of  surplus  waters  of 
canals,  contracts  or  agreements 124 

Canals : 

abandoned  lands,  structures,  sale  of,  article  7,  section 

8  (Int.  No.  159),  by  Mr.  Cobb 69,  85,     218 

appropriation  bills  for  maintenance,  article  3,  sections 
15,  20,  21,  24  (Int.  No.  338),  by  Mr.  A.  E.  Smith.     127 

232,     233 
appropriations  for,  regulating,  article    3,    section  20 
(Int.  No.  719),  by  Finance  Committee.  .513,  547,     557 

607,     631 


INDEX  777 

Canals  —  Continued :  PAGE 

canal  board,  abolishing,  jurisdiction  engineering  de- 
partment, article  5,  section  3  (Int.  No.  404),  by  Mr. 
Latson 149,     456 

canal  board,  etc.,  article  5,  repeal  section  5 ;  new  sec- 
tion (Int.  No.  725),  by  Governor  and  Other  State 
Officers  Committee 615,  641,  642,     648 

canal  board,  to  fix  tolls,  etc.,  article  7,  section  9  (Int. 

No.  345 ),  by  Mr.  Wiggins 129 

canal  fund  commissioners,  canal  board,  article  5,  sec- 
tion 5  (Int.  No.  363),  by  Mr.  Austin 137,  329,     378 

commerce  and  navigation  commissioner,  article  5,  sec- 
tion 3  (Int.  No.  578),  by  Mr.  Cullinan 194 

control  of,  article  5,  new  section  (Int.  No.  645),  by 
Mr.   Landreth   210,     232 

employees,  appointment,  etc.,  article  5,  section  3  (Int. 
No.  364),  by  Mr.  Austin 137,     232 

forest  lands  for,  new  article ;  repeal  article  7,  section  7 

(Int.  No.  708),  by  Conservation  Committee.  .360,     376 
424,  427,  429,  432,  442,  524,  535,  552,  588,  589,     613 

616,     618 

lands  for,  taking,  article  7,  section  7  (Int.  No.  219), 

by  Mr.  Bunce S6,  232,     360 

lands  for,  taking,  article  7,  section  7  (Int.  No.  370), 
by  Mr.  Dow 138,  232,     361 

property  for,  excess  condemnation,  article  1,  section  7 

(Int.  No.  617),  by  Mr.  Steinbrink 205,     230 

property,  sale,  lease,  proceeds,  disposition,  article  7, 

section  8  (Int.  No.  510),  by  Mr.  Clinton 180 

property,  terminals,  disposing  of,  etc.,  article  7,  section 

8  (Int.  No.  710),  by  Canals  Committee.  .  .403,  546,     559 

578,  599,  607,  621,     622 

sale,  lease,  regulating,  article  7,  section  8   (Int.  No. 

519),  by  Mr.  Clinton 182 

superintendent  of,  canal  board,  etc.,  article  5,  sections 
1,  2,  5,  repeal  sections  3,  4  (Int.  No.  172),  by  Mr. 
Bernstein 74 

surplus  waters,  use  of,  article  1,  section  10  (Int.  No. 

575),  by  Mr.  Cullinan 194,  249,     514 

surplus  waters,  use  of,  Superintendent  of  Public  Works 

to  furnish  statement 238,     270 

surplus  waters,  use  or  lease  of,  contracts  or  agreements, 


778  INDEX 

Canals  —  Continued :  PAGE 

canal  board  to  furnish  record 124 

surplus  waters,  where  used,  State  Engineer  to  furnish 

statement 124,     240 

water  storage,  forest  preserve,  article  7,  section  7  (Int. 

No.  570),  by  Mr.  Angell 193,     361 

Canandaigua,  common  council,  resolutions  from 301 

Capitalization,  uniform  system  of,  Committee  on  Revision 

and  Engrossment  to  adopt 102,     103 

Capital  punishment,  abolish,  article  1,  section  7  (Int.  No. 

118),  by  Mr.  Bayes 57 

Capital  punishment,  abolish,  article  1,  section  5  (Int.  No. 

24),  by  Mr.  Betts '. 30 

Capital  punishment,  abolish,  article  1,  new  section  7  (Int. 

No.  661),  by  Mr.  Curran 212 

Capital  punishment,  hearings  on,  print  500  copies 293 

Casualty  companies,  stockholders,  liability,  article  8,  section 

7  (Int.  No.  143),  by  Mr.  Doughty 66,     344 

Cemeteries,  no  tax  exemption,  article  3,  new  section  (Int. 

No.  92),  by  Mr.  Nixon 47 

Census,  State,  abolishing,  article  3,  section  4  (Int.  No.  559) 

by  Mr.  Griffin 191 

Census,  State,  taking,  etc.,  article  3,  section  4  (Int.  No. 

228),  by  Mr.  Foley 92 

Certiorari,  review  removal  of  officials,  article  10,  section  1, 

and  new  section  (Int.  No.  460),  by  Mr.  F.  Martin .  166,     224 
Chamber  of  commerce,  State  of  New  York,  memorial  from.       84 

Charities : 

board  of,  books,  etc.,  public  records,  article  8,  section 

11  (Int.  No.  90),  by  Mr.  Kirby 47 

board  of  inspection,  reformatories,  etc.,  article  8,  sec- 
tion 11  (Int.  No.  507),  by  Mr.  Rosch 180,     239 

board  of,  to  furnish  statement,  relative  to  number  of 

inmates  practiced  habit  of  smoking  cigarettes.  .  .  .72,     73 

charities  and  corrections  department,  article  8,  sections 
11,  12  (Int.  No.  593),  by  Mr.  Parmenter .  .  196,  224,     239 

department  of,  establishing,  article  8,  sections  11,  13, 
15;  article  8,  section  12  and  article  5,  section  4  re- 
peal (Int.  No.  637),  by  Mr.  Hinman 208 

liquor,  damages  by,  aid  poor  to  recover,  article  1,  new 

section  (Int.  No.  390),  by  Mr.  Rhees 144 


INDEX  779 

Charities  —  Continued :  PAGE 

poor,  county,  town,  powers,  article  3,  sections  26,  27; 
article  10,  section  2  (Int.  No.  721),  by  County,  Town 

and  Village  Committee 526,  612,  624,     634 

State  board,  composition,  powers,  article  8,  sections  11, 
12,  13,  15  and  new  section  (Int.  No.  647),  by  Mr. 

Waterman , 210,     224 

State  board,  nine  members,  establishing,  article  8,  sec- 
tions 11,  13,  15;  article  8,  section  12  and  article  5, 
section  4,  repealed  (Int.  No.  366),  by  Mr.  Mande- 

ville 137 

State  board  of,  appointed  by  Governor,  articles  4,  5,  8, 

10,  11  (Int.  No.  472),  by  Mr.  Deyo 168,  227,     456 

State  board  of,  organization,  duties,  powers,  article  8, 
sections  11,  12,  13,  15  (Int.  No.  327),  by  Mr.  Wads- 
worth  122,  163,     409 

State  department,  establish,  article  5,  section  2  (Int. 

No.  86),  by  Mr.  E.  N.  Smith 46,  223,     227 

Taxes,  no  exemption,  article  3,  new  section  (Int.  No. 

92),  by  Mr.  Nixon 47 

Chicago,  several  churches  of,  memorial  from 563 

Children,  courts  for,  article   6,  new  section  24   (Int.  No. 

564),  by  Mr.  Clearwater 192 

Children,  courts  for,  article  6  (Int.  No.  718),  by  Judiciary 
Committee.  .480,  523,  526,  532,  534,  536,  537,  539,  551,     590 

594,  614,  618,     619 
Children,  education  of,  State  function,  article  9,  section  1 

(Int.  No.  698),  by  Education  Committee 303,  357,     381 

453,  480,  507,  515,  524,  535,     585 
Children,  education  of,  State  function,  article  9,  section  1, 

(Int.  No.  67),  by  Mr.  Linde 44,     303 

Children,  education  of,  State  function,  article  9,  section  1 

(Int.  No.  513),  by  Mr.  Schurman 181,     303 

Children,  jurisdiction,  domestic  relations  courts,  article  6, 

new  section  15-a  (Int.  No.  443),  by  Mr.  Adams 163 

Children,  jurisdiction,  inferior  courts,  etc.,  article  6,  section 

18  (Int.  No.  542),  by  Mr.  Stimson 189 

Children,  jurisdiction,  inferior  local  courts,  article  6,  section 

18  (Int.  No.  381),  by  Mr.  Angell 142 

Child  Welfare  Commission,  article  6,  new  section  24  (Int. 

No.  538),  by  Mr.  Ahearn 188 


780  INDEX 

PAGE 

Cigarettes,  tax,  article  3,  new  section  30  (Int.  No.  576),  by 
Mr.  Cullinan 194 

Cities : 

assembly  districts  in,  certain,  article  3,  section  5  (Int. 
No.  335),  by  Mr.  Buxbaum 127 

bonds,  etc.,  serial,  article  7,  section  4  (Int.  No.  649), 

by  Mr.  E.  N.  Smith 210 

Bonds,  public  improvement,  maturity,  article  8,  new 

section  (Int.  No.  646),  by  Mr.  Van  Ness 210 

boundaries,  enlarge,  referendum,  article  3,  new  sec- 
tion (Int.  No.  625),  by  Mr.  Low 206 

Buildings,  height,  etc.,  regulating,  article  3,  new  section 

(Int.  No.  669),  by  Mr.  Bannister 225,     579 

buildings,  height,  zone,  regulating,  article  12,  new  sec- 
tion (Int.  No.  489),  by  Mr.  Bayes 177,     579 

buildings,  zone,  etc.,  regulating,  article  3,  new  section 

(Int.  No.  670),  by  Mr.  Bannister 225,     579 

buildings,  zones,  article  3,  new  section  (Int.  No.  724), 
by  Cities  Committee 579 

charter  bills,  regulating,  article  3,  section  18  (Int.  No. 

624),  by  Mr.  Wickersham 206,  217,  284,     287 

290-  314,     335 

charters,  amended  by  legislature,  article  3,  new  sec- 
tion (Int  No.  315),  by  Mr.  Barnes 120,  126,     135 

278,  301,  310,     383 

charters,  amending  on  petition  of  city,  article  3,  new 
section  (Int.  No.  700),  by  Legislative  Powers  Com- 
mittee   309,     617 

city  bills,  return  by  mayor,  article  12,  section  2  (Int. 

No.  568),  by  Mr.  Ostrander 193 

city  employees,  hours  of  labor,  article  12,  section  1 

(Int.  No.  200),  by  Mr.  Winslow 82 

city  employees,  vote  for  city  officials,  article  2,  section 
1  (Int.  No.  654),  by  Mr.  Green 211 

city  magistrates,  removal,  article  6,  section  17  (Int. 
No.  307),  by  Mr.  Kyan 119 

civil  service,  first  class  cities,  exception,  article  5,  sec- 
tion 9  (Int.  No.  136),  by  Mr.  Unger.  .64,  126,  277,     580 

condemnation,  excess,  prohibiting,  article  1,  section  7 

(Int.  No.  321),  by  Mr.  Dunmore 121 


INDEX  781 

Cities  —  Continued :  page 

condemnation,   excess,  public  improvement,   article  1 

sections  6,  7  (Int.  No.  500),  by  Mr.  Parsons.  .  .179,  218 
condemnation,  just  compensation,  article  1,  section  6 

(Int.  No.  441),  by  Mr.  Frank 163 

condemnation,  power  of,  article  1,  section  6  (Int.  No. 

442),  by  Mr.  Frank 163 

containing  county,  county  officers,  etc.,  article  3,  section 

26;  article  12,  section  2    (Int.  No.   314),  by  Mr. 

Wiggins '.  .120,     525 

courts,    limited    jurisdiction,    uniform,    establishing, 

article  6,  section  18  (Int.  No.  367),  by  Mr.  Sears.  .  138 
creation,  government  regulation,  article  12,  section  1 

(Int.  No.  254),  by  Mr.  R.  B.  Smith.  .97,  259,  359,     417 

447 
debts,  funded,  maturing,  article  8,  new  section   (Int. 

No.  470),  by  Mr.  R  B.  Smith 167,     230 

debt  limit,  first  class  cities,  water  debts  excluded,  article 

8,  section  10  (Int.  No.  665),  by  Mr.  Sanders.  .213,  431 
debts,  serial  bonds  for,  article  8,  section  10,  and  new 

section  12  (Int.  No.  713),  by  Cities  Committee.  . .  431 
432,  504,  542,  546,  556,  601,  603,  620,  621,  630,  631 
debts,  sinking  funds,  taxes,  etc.,  article  8,  section  10 

(Int.  No.  411),  by  Mr.  Wiggins 150,     431 

district  courts,  jurisdiction,  article  6,  section  17  (Int. 

No.  561),  by  Mr.  Wiggins 191 

district  courts,  justices,  jurisdiction,  article  6,  section 

17  (Int.  No.  252),  by  Mr.  Dunmore 97 

education  board,  appointment,  article  9,  new  section 

(Int.  No.  471),  by  Mr.  R.  R.  Smith 168 

education  boards,  part  State  system,  article  9,  new  sec- 
tion (Int.  No.  403),  by  Mr.  Latson 149 

education  boards,  powers,  etc.,  article  9,  new  section 

(Int.  No.  704),  by  Education  Committee.. 32 8,  330,  357 
election  propositions,  to  spend  money,  article  8,  section 

10  (Int.  No.  35),  by  Mr.  Mereness 37 

employees,  receiving  pension,  article  10,  new  section 

10  (Int.  No.  618),  by  Mr.  Steinbrink 205 

excess  compensation,   prohibited,   article  3    (Int.  No. 

696),  by  Legislative  Powers  Committee.  .285,  343,     423 

543,  613,  616,  624,  629,     635 


782  INDEX 

Cities  —  Continued :  PAGE 

first-class,  to  furnish  information,  relative  to  societies 

receiving  fines,  penalties  and  license  fees 116,     131 

franchises,  grants,  perpetuity,  prohibit,  article  3,  new 

section  (Int.  No.  28),  by  Mr.  Low 36,  184,     218 

franchises,  indeterminate,  prohibiting,  article  3,  new 

section  30  (Int.  No.  548),  by  Mr.  Low 190 

funded  debts  of,  refund,  etc.,  article  12,  section  1  (Int. 

No.  272),  by  Mr.  Vanderlyn 105,  115,     247 

general  laws  for,  adopt  own  charter,  article  12,  sections 

1-3 ;  new  sections  4,  6  (Int.  No.  650),  by  Mr.  Cobb.     211 

233,  417,  525 
health,  use  forest  lands,  etc.,  article  7,  section  7  (Int. 

No.  370),  by  Mr.  Dow 138,  232,     361 

health,  use  of  forest  preserve  for,  article  7,  section  7 

(Int.  No.  10),  by  Mr.  C.  H.  Young.  .  .28,  134,  140,  360 
health,  use  of  forest  preserve  lands  for,  article  7,  sec- 
tions 7,  7a  (Int.  No.  71),  by  Mr.  C.  H.  Young.  .44,     134 

140,  360 
highways,   costs,   apportioning,   article   7,   section   13, 

new  (Int.  No.  479),  by  Mr.  Westwood 169,     509 

home  rule,  article  3,  sections  26,  27,  and  new  section; 

article  10,  section  2 ;  article  12,  sections  1,  2  (Int. 

No.  313),  by  Mr.  Low 120,  175,  417,     525 

home  rule,  article  12,  sections  1,  2  (Int.  No.  655),  by 

Mr.  Green 211,  223,  417,     525 

home  rule,  adopt  own  charters,  article  12,  new  (Int. 

No.  553),  by  Mr.  Eisner 190,  417,     525 

home  rule,  granting,   article  12    (Int.   No.   712),  by 

Cities  Committee 417,  498,  501,  502,  527,  540,     541 

552,  556,  596-598,  613,  619,  620 
home  rule,  guaranteeing,  article  12  (Int.  No.  331),  by 

Mr.  Franchot 123 

home  rule,  optional  system,  article  12,  sections  1-3, 

new  sections  4-6  (Int.  No.  662),  by  Mr.  Franchot.     212 

417,  448 
home  rule,  power  of  article  12,  section  1    (Int.  No. 

511),  by  Mr.  E.  N.  Smith 181,  261,  417,     525 

home  rule,  providing,  article  12,  section  13  (Int.  No. 

613),  by  Mr.  Weed 205,     417 

inferior  local  courts,  jurisdiction,  article  6,  section  18 

(Int.  No.  301),  by  Mr.  E.  N.  Smith 117 


IXDEX  783 

Cities  —  Continued :  page 

inferior  local  courts,  jurisdiction,  article  6,  section  18 

(Int.  Xo.  588),  by  Mr.  Mandeville 196 

labor,  public  work,  8-hour  day,  article  1,  new  section 

(Int.  Xo.  394),  by  Mr.  Curran 144 

lands,  taking,  excess  condemnation,  article  1,  section  7 

(Int.  Xo.  617),  by  Mr.  Steinbrink 205,     230 

lands  under  water,  grants,  article  3,  new  section  30 

(Int.  Xo.  549),  by  Mr.  Low 190,     249 

lands,  use  of,  power  to  regulate,  article  1,  section  7 

(Int.  Xo.  282),  by  Mr.  Mann 109 

laws  affecting,  to  be  general,  etc.,  article  12,  sections 

2,  3    (Int.   Xo.   689),  by  Mr.   Fobes 238,     417 

legislative  bodies,  election  districts,  first  class  cities, 

article  3,  new  section  4   (Int.   Xo.   495),   by  Mr. 

Foley 178 

local  court,  transfer  actions  to,  article  6,  section  14 

(Int.  Xo.  476),  by  Mr.  Rodenbeck 168 

local  government,  powers,  article  12,  section  1    (Int. 

Xo.   374),  by  Mr.  Mann 141,     417 

magistrates,  local  courts,  regulating,  article  6,  sections 

17,  18  (Int.  Xo.  536),  by  Mr.  Brenner 188 

moneys  of,  expending,  laws  requiring,  article  12,  sec- 
tions 2    (Int.   XTo.   676),  by  Mr.  Berri 231,     417 

motor  bus  lines,  franchises,  article  3,  section  18  (Int. 

Xo.  566),  by  Mr.  Mealy 192 

municipal  civil  service  commissions,  article  5,  section 

9  (Int.  Xo.  657),  by  Mr.  Rhees 212,  216,     580 

municipal  corporations,  outside  limits,  tax,  article  3, 

new  section  (Int.  Xo.  493),  by  Mr.  A.  E.  Smith. .      178 

279 
municipal  court,  State,  article  6   (Int.  Xo.  308),  by 

Mr.    Reeves . 119 

municipal  property,  outside  limits,  tax,  article  3,  new 

section  30   (Int.  Xo.  429),  by  Mr.  Heaton 158 

officers,  nominations,  etc.,  article  2,  new  section  7  (Int. 

XTo.  361),  by  Mr.  Low 136,     417 

officers,  pay,  change  of,  during  term,  article  3,  section 

28   (Int.  Xo.  36),  by  Mr.  Mereness 37,     140 

officials,  election  not  provided  for,  article  10,  section 

2  (Int.  Xo.  210),  by  Mr.  Sanders 83 


784:  INDEX 

Cities  —  Continued :  PAGE 

officials,    extra    compensation,    prohibited,    article    3, 

section  28  (Int.  No.  289),  by  Mr.  R.  B.  Smith.  .      110 
153,  221,  281,  287,  302,  452,  507,  511,     520 
officials,   extra  pay,   prohibited,   article  3,   section  28 

(Int.  No.   379),  by  Mr.   Mereness 142,     153 

officials,  extra  pay,  prohibited,  article  3,  sections  18, 

28 ;    article    5,    section    1 ;    article   6,    section    15 ; 

article    10,    section    9     (Int.    No.    380),    by    Mr. 

Mereness 142,     153 

officials,  removal,  review  by  certiorari,  article  10,  sec- 
tion 1,  and  new  section   (Int.   No.  460),  by  Mr. 

F.  Martin 166 

officials,  whose  election  not  provided  for,  article  10, 

section  2  (Int.  No.  146),  by  Mr.  M.  Saxe 67,     107 

officials,  with  pensions,  limit  salary,  article  10,  new 

section   (Int.  No.   505),  by  Mr.  F.  Martin 179 

optional  city  government  plans,    article   12,   sections 

1,  3   (Int.  No.  187),  by  Mr.  Sanders 76,     417 

payroll  laws,   mandatory,   prohibited,    article   3,   new 

section   (Int.  No.  451),  by  Mr.  Baldwin 165 

pensions,   actuarial  basis  for,    article  7,   new  section 

(Int.  No.  683),  by  Mr.  Low 237,     250 

property,  dangerous  to  health,  etc.,  taking,  article  1, 

new  section  (Int.  No.  671),  by  Mr.  Bannister.  .225,     579 
property,  for  public  use,  taxing,  article  1,  section  7 

(Int.  No.  685),  by  Mr.  Blauvelt 237 

public  franchises,  condemnation,  article  1,  new  section 

20  (Int.  No.  674),  by  Mr.  M.  Saxe 231 

securities,  commission  to  regulate,  article  8,  new  sec- 
tion (Int.  No.  455),  by  Mr.  Baldwin.  .165,  204,     229 

431,     525 
self-government,    guaranteeing,    article    12    (Int.    No. 

280),  by  Mr.  J.  L.  O'Brian 106,  156,     417 

self-government,  guaranteeing,  article  12,  sections  1, 

3;  article  1,  new  section   (Int.  No.   68),  by  Mr. 

Wagner 44,  257,     417 

stocks,  bonds,  gift  to  city,  article  8,  section  10  (Int. 

No.  108),  by  Mr.  Bockes 55 

streets,   etc.,   opening,   necessity,    damages,    article   1, 
section  7  (Int.  No.  322),  by  Mr.  Ryan 121 


INDEX  785 

Cities  —  Continued :  page 

streets,  grade  change,  damage,  article  1,  new  section 

(Int.  No.  597),  by  Mr.  Tuck. 197 

taxation,  public  property,  exempt,  article  3,  new  sec- 
tion 24-a  (Int.  No.  619),  by  Mr.  Steinbrink 206 

taxes,  local,  exemption,  abolish,  article  3,  new  section 

(Int.  No.  318),  by  Mr.  Meigs 120 

taxes,  local,  state  property,  exempt,  article  8,  new  sec- 
tion (Int.  No.  496),  by  Mr.  T.  F.  Smith 178 

water   supply,   forest  lands  for,    article   7,   section   7 

(Int.  No.  375),  by  Mr.  Baldwin 141,     361 

water  supply,   forest  lands  for,   new   article;   repeal 
article  7,  section  7    (Int.  No.   708),  by  Conserva- 
tion Committee.  .360,  376,  424,  427,  429,  432,  442,     524 
535,  552,  588,  589,  613,  616,     618 

water  supply,  State  lands  for,  article  7,  section  7  (Int. 

No.   312),  by  Mr.  Baldwin 119,     361 

Citizens  Union,  New  YWk  City,  memorial  from 256 

Civil  cases: 

actions,   county  courts,    New  York   City  court,    etc., 

article  6,  section  14  (Int.  No.  251),  by  Mr.  C.  H. 

Young 97 

actions  in  inferior  local  courts,  jurisdiction,  article  6, 

section  18   (Int.  No.  106),  by  Mr.  E.  N.  Smith.  .        54 
arrests,  civil  actions,  prohibited,   article  1,  section  6 

(Int.  No.  117),  by  Mr.  Latson 57,     248 

arrests,  limiting,  article  1,  section  6    (Int.  No.   59), 

by  Mr.  Buxbaum 40,     248 

arrests,  restricting,  article  1,  section  5  (Int.  No.  357), 

by  Mr.   Brenner 130 

civil  code  bill,  veto,  court  of  appeals,  article  3,  new 

section   (Int.  No.   622),  by  Mr.  Baldwin 206 

civil,   judicial,   statistics,   article   6,   section   21    (Int. 

No.  454),  by  Mr.  Baldwin 165 

juries,  number,  may  be  abolished,  article  1,  section  2 

(Int.  No.  292),  by  Mr.  Leggett Ill,     244 

jury,   eliminating,  certain  cases,   article  1,  section  2 

(Int.  No.  278),  by  Mr.  Kodenbeck 106 

jury,  number,  verdict,  etc.,  article  1,  section  2   (Int. 

No.  233),  by  Mr.  J.  G.  Saxe 93 


786  INDEX 

Civil  cases  —  Continued :  PAGE 

jury  of  6  instead  of  12,  article  1,  section  2  (Int.  No. 

43),  by  Mr.   Brenner 38,     244 

jury,  to  be  composed  of  6  or  more,  article  1,  section  2 

(Int.  No.  45),  by  Mr.  Bayes 38 

jury  trials,  limitation  by  legislature,  article  1,  section 

2   (Int.  No.  132),  by  Mr.  Weed 64 

jury  trials,   waiving,   article   1,   section  2    (Int.   No. 

197),  by  Mr.  Baldwin 81,     244 

jury  trial,  waiving,  etc.,  article  1,  section  2  (Int.  No. 

188),  by  Mr.  Pelletreau 80 

jury,  waiving,  article  1,  section  2  (Int.  No.  268),  by 

Mr.  Mann 104 

justice  of  peace,   district  courts,   jurisdiction,   article 

6,  section  17  (Int.  561),  by  Mr.  Wiggins 191 

military   tribunals,    jurisdiction,   article   1,    section  4 

(Int.  No.  423),  by  Mr.  Curran 152,     627 

pressure,  vessels,  regulation,  department  for,  article  3, 

new  section  (Int.  No.  488),  by  Mr.  Fogarty.  .177,  342 
procedure,  commission  to  revise,  article  3,  new  sec- 
tion (Int.  No.  425),  by  Mr.  Sargent 157 

procedure,  fixing,  article  6,  new    section    (Int.    No. 

690),  by  Mr.  E.  B.   Smith 238,     259 

verdict,  by  five-sixth  of  jury,  article  1,  section  2  (Int. 

No.  206),  by  Mr.  Vanderlyn 83,     244 

verdict,  by  five-sixths  of  jury,  article  1,  section  2  (Int. 

No.  116),  by  Mr.  Westwood 56,  148,     244 

verdict,  number  required  for,  article  1,  section  2  (Int. 

No.  217),  by  Mr.  Wickersham 86 

verdict,  three-fourths  of  jury,  article  1,  section  2  (Int. 

No.  350),  by  Mr.  Angell 129 

Civil  Service: 

appointments,  promotions,  veterans  preferred,  abolish, 
article  5,  section  9  (Int.  No.  138),  by  Mr.  Quigg. .        64 

580 
bi-partisan  State  Commission,  except  first  class  cities, 

article  5,  section  9  (Int.  No.  136),  by  Mr.  Unger.  .        64 

126,  277,     580 
city  employees,  hours  of  labor,  article  12,  section  1 

(Int.  No.  200),  by  Mr.  Winslow 82 

Civil  Service  Keform  Association,  memorial  of 65 


INDEX  787 

Civil  Service  —  Continued :  PAGE 

commission,  appointment  by  Governor,  etc.,  new  sec- 
tion (Int.  No.  237),  by  Mr.  Donovan 93,     580 

commission  on,  constitutional  body,  powers,  article  5, 
section  9  (Int.  No.  657),  by  Mr.  Khees.  .212,  216,     580 

competitive  positions;  removals,  protection  against, 
article  4,  section  9  (Int.  No.  142),  by  Mr.  Stein- 
brink   6Q,     580 

conservation  department,  employees,  new  article;  re- 
peal article  7,  section  7  (Int.  No.  708),  by  Conser- 
vation Committee 360,  376,  424,  427,  429,  432,     442 

524,  535,  552,  588,  589,  613,  616,     618 

conservation  water  commissioners,  appointments,  arti- 
cle 5,  new  sections  10,  11  (Int.  No.  220),  by  Mr. 
Bunce 86 

election  officers,  competitive  examinations,  article  2, 
section  6  (Int.  No.  236),  by  Mr.  Bernstein 93 

eligibility,  U.  S.  citizens  only,  article  5,  section  9  (Int. 
No.  723),  by  A.  E.  Smith 569 

employees  in,  receiving  pensions,  article  10,  new  sec- 
tion 10  (Int.  No.  618),  by  Mr.  Steinbrink 205 

employees,  organizations,  membership  in,  article  5, 
section  9  (Int.  No.  281),  by  Mr.  Adams 109,     580 

forest  commissioner,   appointments,   article  7,   section 

7  (Int.  No.  10),  by  Mr.  C.  H.  Young 28,  134,     140 

360 

forest  commissioner,  appointments,  article  7,  sections 

7,  7-a  (Int.  No.  71),  by  Mr.  C.  H.  Young 44,     134 

140,     360 

forest,  commissioner  of,  appointments,  article  7,  sec- 
tion 7   (Int.  No.  207),  by  Mr.  M'eKean 83,     135 

140,     360 

forest,  commissioner  of,  appointments,  article  7,  sec- 
tion 7  (Int.  No.  25),  by  Mr.  Whipple 30,     134 

140,     360 

forests,  commissioner  of,  appointments,  article  7,  sec- 
tion 7  (Int.  No.  154),  by  Mr.  Dunlap.  .  68,  134, 140,     360 

municipal  commissions,  abolish;  State  commission, 
powers,  article  5,  section  9  (Int.  No.  658),  by  Mr. 
Khees 212,    216,     580 

officials,  compensation,  fixing,  etc.,  article  5,  section  9 

(Int.  No.  265),  by  Mr.  Mann 104,  118,     176 


788  INDEX 

Civil  Service  —  Continued :  PAGE 

pensions,   civil  war  veterans,    article   5,   new  section 

(Int.  No.  258),  by  Mx.  Green 97 

pensions,   State  employees,   article  5,   section  9    (Int 

No.  297),  by  Mr.  M.  Saxe 116 

preference,   veterans,    article   5,    section   9    (Int.    No. 

614),   by  Mr.   Weed 205,     580 

preference,    veterans,    abolish,    article    5,    section    9 

(Int.  No.  508),  by  Mr.  Quigg 180,     580 

preference,   veterans,   etc.,   article   5,   section   9    (Int. 

No.  427),  by  Mr.   C.  Nicoll 157,  227,  580,     626 

preference,  veterans,  tribunals,  etc.,  article  5,  section 

9   (Int.  No.  284),  by  Mr.  Mann 110,     580 

promotion,  preference,  after  10  years'  service,  article 

5,  section  9  (Int.  No.  642),  by  Mr.  McKean.  .209,  580 
removals,  competitive  class,  regulating,  article  5,  sec- 
tion 9  (Int.  No.  528),  by  Mr.  Steinbrink 187,     580 

removals,  competitive  class,  review,  article  5,  section 

9  (Int.  No.  641),  by  Mr.  McKean 209,     580 

supervision  of,  by  State  finance  department,  article  5, 

section  2  (Int.  No.  86),  by  Mr.  E.  N.  Smith 46 

223,  227 
veterans,  etc.,  preference,  regulating,  article  5,  section 

9  (Int.  No.  351),  by  Mr.  Wood 129,     580 

veterans,   preference,   regulating,   article   5,   section   9 

(Int.  No.  29),  by  Mr.  Olcott 36,  580,  650     656 

veterans,  protection  against  removal,  article  5,  section 

9    (Int.  No.  263),  by  Mr.  Heyman 104,   154,     228 

580,  626 
veterans,  Spanish  war,  preference,  article  5,  section  9 

(Int.   No.   53),  by  Mr.  Dunmore 39,     580 

veterans,  volunteer  firemen,  preference,  article  4  sec- 
tion 9   (Int.  No.  77),  by  Mr.  S.  K.  Phillips.  .45,     580 

Claims  against  State: 

approval,   power  of,   delegating,  article  3,  section   18 

(Int.  No.  214),  by  Mr.  J.  G.  Saxe.  .84,  221,  286,     289 

335,  615 
contract  debts  against  State,  accrual,  article  7,  section 

6  (Int.  No.  339),  by  Mr.  A.  E.  Smith 127 

court  of,  abolishing,  article  6,  section  1,  19  and  new 
section   (Int.   No.   402),  by  Mr.   Latson 149,     306 


INDEX  789 

Claims  against  State  —  Continued:  **<« 
court  of,  composition  of,  pay,  etc.,  article  6,  new  sec- 
tion (Int.  No.  56),  by  Mr.  E.  B.  Smith 40 

court  of,  constitutional  body,  article  6,  section  16  (Int. 

No.  466),  by  Mr.   Cobb 167 

court  of,   constitutional  body,   article  6,  new  section 

15-a  (Int.  No.  515),  by  Mr.  Mandeville 181 

court   of,    continued,    article   6    (Int.    No.    718),    by 
Judiciary  Committee.  .  .480,   523,   526,   532,   534,     536 
537,  539,  551,  590-594,  614,  618,     619 
court  of,  judges,  removals,  article  6,  section  11   (Int. 

No.  467),  by  Mr.  Cobb 167 

court  of,  judges,  terms,  article  6,  section  18  (Int.  No. 

468),   by  Mr.    Cobb 167 

court  of,  merge  supreme  court,  article  6,  sections  1-3, 
5-7,  9,   12,   14-23   (Int.  No.   611),  by  Mr.  West> 

wood 199 

determination,  legislature  to  provide  for,  article  7,  new 

section  (Int.  No.  316),  by  Mr.  Ostrander 120 

official  referees,  determination  by,  article  6,  new  sec- 
tion 24  (Int.  No.  463),  by  Mr.  C.  H.  Young.  .166,     245 
payment,  restricting,  article  3,  new  section  (Int.  No. 
701),  by  Legislative  Powers  Committee.  .309,  377,     428 
478,  479,  480,  499,  500,  504,     508 
private,  local,  bills  for,  prohibiting,  article  3,  section 

19  (Int.  No.  550),  by  Mr.  Tanner.  .190,  279,  335,     615 
supreme  court,  exclusive  jurisdiction,  article  6  section 

1    (Int.   No.    15),   by  Mr.   Brackett 29,     306 

supreme  court,  jurisdiction,  State  liability,  article  6, 

new  section  (Int.  No.  349),  by  Mr.  Angell 129 

Clarke,  iS.  B.,  communication  from 215 

Clergymen,  to  open  sessions  with  prayer 26,  136,     156 

Clerks  and  stenographers,  employment  of  and  compensa- 
tion    50,  51,  52,  53 

Cohoes,  board  of  trade,   resolutions  from 301 

Cohoes,  chamber  of  commerce,  resolutions  from 301 

College  Church  of  Christ,  resolution  from 540 

Commerce  and  labor  department,  establish,  article  5,  sec- 
tion 2   (Int.  No.  86),  by  Mr.  E.  N.  Smith.  .46,  223,     227 
Commerce  and  navigation  commissioner,  article  5,  section 

3  (Int.  No.  578),  by  Mr.  Cullinan 194 


790  INDEX 

PAGE 

Commissioners  of  deeds,  legislators  as,  article  3,  section  7 

(Int.  No.  205),  by  Mr.  Wiggins 83 

Committee  clerks,  to  deliver  books  and  records  to  Com- 
mittee on  Library  and  Information 651 

Committee  bearings,  consolidated  calendar  of,  posted  on 
bulletin  board 85,     100 

Committee  bearings,  time,  place  and  subject  matter,  posted 
on   bulletin   boards 63 

Committee  meetings,  minutes  of,  typewritten  copies  fur- 
nisbed   delegates    78 

Committees,  names  of,  place  and  hour  of  meeting,  to  be 
posted  on  blackboards 89 

Committee  on  Contingent  Expenses,  appointment  made  by 
Mr.  President 14 

Committee  on  Printing,  appointment  made  by  Mr.  Presi- 
dent          12 

Committee  reports,  to  be  accompanied  by  concise  statement 
of  reasons  for  recommendation 95 

Committee  rooms,   assignment   of 34 

Committees,  standing,  appointment  of 20-24 

Comptroller,  appointed  by  Governor,  article  5,  sections  1, 
2,  5,  repeal  sections  3,  4  (Int.  No.  172),  by  Mr.  Bern- 
stein  74,  227,  232,     456 

Comptroller,  appointed  by  Governor,  articles  4,  5,  8,  10, 
11  (Int.  No.  472),  by  Mr.  Deyo 168,  227,     456 

Comptroller,  appointed  by  Governor,   article  5,   section   1 

(Int.  No.  125),  by  Mr.  C.  Nicoll 58,     456 

Comptroller,  appointed  by  Governor,  article  5,  section  1 
(Int.  No.  222),  by  Mr.  Pelletreau 91,     456 

Comptroller,  canal  board,  article  5,  repeal  section  5 ;  new 
section  (Int.  No.  725),  by  Governor  and  Other  State 
Officers  Committee 615,  641,  642,     648 

Comptroller,  certificates,  anticipation  of  taxes,  article  7, 
section  2  (Int.  No.  362),  by  Mr.  Austin 137 

Comptroller,  communication  from,  response  to  resolution.      155 

272,     285 

Comptroller,  copy  of  budget  to,  article  3,  section  21  (Int. 
No.  709),  by  Finance  Committee.  .384,  445,  446,  454,     455 

501,  510,     519 


INDEX  791 

PAGE 

Comptroller,  fiscal  supervisor,  charitable  institutions,  article 
8,  sections  11,  12,  13,  15  (Int.  No.  327),  by  Mr.  Wads- 
worth  122,  163,     409 

Comptroller,  fiscal  supervisor,  prisons,  etc.,  article  8,  new 
section  17  (Int.  No.  329),  by  Mr.  Wadsworth 122 

Comptroller,  fiscal  supervisor,  State  hospitals,  article  8, 
new  section  16  (Int.  No.  328),  by  Mr.  Wadsworth 122 

Comptroller,  4  year  term,  article  5,  section  1  (Int.  No. 
134),  by  Mr.  Dooling 64,     161 

Comptroller,  Governor's  council,  article  4,  section  4  (Int. 
No.  221),  by  Mr.  Pelletreau 91,  156,     383 

Comptroller,  Governor  to  appoint,  article  5,  section  2  (Int. 
No.  415),  by  Mr.  Wadsworth 151 

Comptroller,  Governor  to  appoint,  article  5,  section  1  (Int. 

No.  418),  by  Mr.  Wadsworth 151,     456 

Comptroller,  head  State  audit  department,  article  5,  section 

1  (Int.  No.  694),  by  Mr.  J.  G.  Saxe 272,     456 

Comptroller,  legislative  counsel,   appointing  board,  article 

3,  new  section  (Int.  No.  547),  by  Mr.  Low 190,     216 

Comptroller,  reduce  excess  direct  tax,  article  3,  section  24 

(Int.  No.  342),  by  Mr.  Wagner 128 

Comptroller,  seat  in  legislature,  article  5,  section  2   (Int. 

No.  223),  by  Mr.  Pelletreau 91,     125 

Comptroller,  sinking  funds,  appraisal,  article  7,  sections  2, 

4,  5,  11,  12   (Int.  No.  705),  by  Finance  Committee.  .      315 

316,  330,  342,  376,  382,  423,  424,  510,     518 

Comptroller,  State,  4  year  term,  article  5,  section  1  (Int. 
No.   109),  by  Mr.  Bockes 55 

Comptroller,  statement,  to  legislature,  article  5,  new  sec- 
tion (Int.  No.  416),  by  Mr  Wadsworth 151,     383 

Comptroller,  supervise  canal  fund,  article  5,  section  5  (Int. 
No.  363),  by  Mr.  Austin 137,  329,     378 

Comptroller,  supervise  charitable  institutions,  article  8,  sec- 
tions 11,  12,  13,  15  and  new  section  (Int.  No.  647),  by 
Mr.  WTaterman 210,     224 

Comptroller,  term,  repeal,  section  2,  article  5  (Int.  No. 
110),   by  Mr.   Bockes 55,     456 

Comptroller  to  furnish  amounts  paid  for  special  counsel 
to  Attorney-General  and  attorneys  to  various  depart- 
ments  186,  240,  241,     272 


792  INDEX 

PAGE 

Comptroller,  to  furnish  information,  relative  to  courts  and 

board  of  claims   89 

Comptroller,  to  furnish  statement    showing    amount    and 

term  of  bonds  issued  under  article  7  of  the  Constitution.       50 

61,  160,  252,  285 
Comptroller,  to  furnish  statement,   showing  compensation 

and  fees  of  county  treasurer 66,  87,  155,     182 

Condemnation,  commissioners  of,  abolish,  article  1,  section 

7  (Int.  No.  27),  by  Mr.  Steinbrink 36 

Condemnation,  commissioners  of,  etc.,  article  1,  section  7 

(Int.  No.  453),  by  Mr.  Baldwin 165 

Condemnation,  excess,  prohibiting,  article  1,  section  7  (Int. 

No.  321),  by  Mr.  Dunmore   121 

Condemnation,  judges  of,  providing  for,  article  1,  section  7 

(Int.  No.  169),  by  Mr.  Brenner 74 

Condemnation    procedure,    New    York    City,    regulating, 

article  1,  sections  6,  7  (Int.  No.  720),  by  Bill  of  Eights 

Committee 514,  600,  641,  654,  657,  658,     659 

Conservation : 

advisory  board  of,  establishing,  article  5,  new  section 
(Int.  No.  569),  by  Mr.  Angell 193,     361 

commission,  abolishing,  jurisdiction  engineering  de- 
partment, article  5,  section  3  (Int.  No.  404),  by 
Mr.  Latson    149,     456 

commission  on,  constitutional  body,  article  5,  new  sec- 
tion (Int.  No.  571),  by  Mr.  Angell 193,     361 

commissioner  of,  appointed  by  Governor,  4-year  term, 
article  5,  new  section  10  (Int.  No.  129),  by  Mr. 
Austin 59,  134,  140,     360 

commissioner  of,  appointment,  etc.,  article  5,  sections 
1,  2,  5,  repeal  sections  3,  4  (Int.  No.  172),  by  Mr. 
Bernstein 74,  227,  232,     456 

commissioner  of,  appointment,  powers,  article  5,  sec- 
tions 10,  11  (Int.  No.  220),  by  Mr.  Bunce 86 

commissioner  of,  dead  timber,  camp  sites,  etc.,  article 
7,  sections  7,  7-a  (Int.  No.  71),  by  Mr.  C.  H. 
Young 44,  143,  140,     360 

commissioner  of,  dead  timber,  roads,  etc.,  article  7, 
section  7  (Int.  No.  207),  by  Mr.  McKean.  .83,  135,     140 

360 


INDEX  793 

Conservation  —  Continued :  PAGB 

commissioners  of,  camp  sites,  timber,  etc.,  article  7, 
section  7  (Int.  No.  375),  by  Mr.  Baldwin 141,     361 

constitutionality  of  laws,  article  6,  section  2  (Int.  No. 
591),  by  Mr.  Mandeville 196 

department  of,  constitutional  body,  etc.,  article  7,  new 
section  7  (Int.  No.  438),  by  Mr.  Green 159,     361 

department  of,  nine  commissioners,  new  article;  re- 
peal article  7,  section  7  (Int.  No.  708),  by  Conser- 
vation Committee  .  .  360,  376,  424,  427,  429,  432,     442 
524,  535,  552,  588,  589,  613,  616,     618 

Fish  and  game  commission,  three  members,  establish- 
ing, article  7,  new  section  7-a  (Int.  No.  121),  by 
Mr.  Baldwin 58,  134,     146 

forest  and  water  commission,  three  members,  estab- 
lishing, article  7,  section  7  (Int.  No.  480),  by  Mr. 
Dow .'.169,     361 

forest  preserve,  camps,  roads,  forestation,  article  7, 
section  7  (Int.  No.  37),  by  Mr.  R,  B.  Smith. .  .37,     360 

forest  preserve  lands,  sale  of,  article  7,  section  7  (Int. 

No.  128),  by  Mr.  Austin 59,  89,     360 

forest  preserve,  timber,  sale,  etc.,  roads,  article  7,  sec- 
tion 7  (Int.  84),  by  Mr.  E.  N.  Smith 46,     360 

forests,  commissioner ;  dead  timber,  camps,  etc.,  article 
7,  section  7  (Int.  No.  10),  by  Mr.  C.  H.  Young.  .        28 

134,  140,     360 

forests,  condemnation  of,  etc.,  article  7,  new  section 

(Int.  No.  543),  by  Mr.  Parsons 189 

forests,  dead  timber,  camp  sites,  water  storage,  etc., 
article  7,  section  7  (Int.  No.  570),  by  Mr.  Angell.      193 

361 

forests,  dead  timber,  camp  sites,  etc.,  article  7,  sec- 
tion 7  (Int.  No.  25),  by  Mr.  Whipple 30,  134,     140 

360 

forests,  three  commissioners  of,  timber,  camp  sites, 
article  7,  section  7  (Int.  No.  154),  by  Mr.  Dunlap.        68 

134,  140,     360 

forest,  water  storage,  etc.,  regulating,  article  7,  sec- 
tion 7  (Int.  No.  370),  by  Mr.  Dow 138,  232,     361 

forests,  water  supply,  regulating,  article  7,  section  7 

(Int.  No.  219),  by  Mr.  Bunce 86,  232,     360 


794  INDEX 

Conservation  —  Continued :  PAGE 

lands  under  water,  grants,  article  1,  new  section  (Int. 

No.  546),  by  Mr.  Low 189,     249 

license  fees,  penalties,  proceeds,  article  7,  new  section 

7-a  (Int.  No.  631),  by  Mr.  Leary 207,     361 

municipal  water  supply,  State  lands  for,  article  7,  sec- 
tion 7  (Int.  No.  312),  by  Mr.  Baldwin 119,     361 

State  board  of,  establishing,  etc.,  article  7,  new  sec- 
tion 7  (Int.  No.  433),  by  Mr.  Meigs 158,     361 

water,  power  sites,  grant  in  perpetuity,  article  1,  sec- 
tion 6  (Int.  No.  348),  by  Mr.  Bunce 129,     146 

water  power,  taking  property  for,  article  1,  section  6 

(Int.  No.  248),  by  Mr.  Baldwin 96,  139,     146 

water  storage,  etc.,  lands  for,  article  1,  section  7  (Int. 

No.  687),  by  Mr.  Landreth 237 

water,  water  power,  use  of,  regulating,  article  1,  new 

section  (Int.  No.  475),  by  Mr.  Rodenbeck 168,     232 

249 
waters,  pollution,  injury  to  fish,  article  7,  section  7 

(Int.  No.  295),  by  Mr.  Bannister 116,     360 

waters,  surplus,  leases  of,  article  1,  section  10   (Int. 

No.  575),  by  Mr.  Cullinan 194,  249,     514 

Conspiracies,  article  1,  new  section  (Int.  No.  598),  by  Mr. 
Dahm 197,     240 

Constitution : 

address  to  people,  authenticated  by  president  and  secre- 
tary; print  20,000  additional  copies 756 

address  to  people,  fixing  time  and  manner  of  submis- 
sion, committee  to  draft 637,  659,  738-742,  743-744 

744-756 

amendments  adopted,  committee  to  determine  time  and 
manner  of  submission  to  vote  of  electors 72 

amendments,  consider  extra  sessions  legislature,  arti- 
cle 4,  section  4;  article  3,  new  section   (Int.  No. 

291),  by  Mr.  R  B.  Smith 111,  279,  303,  358,     452 

508,  511,  521,  535,  584,     585 

amendments  deemed  advisable,  efforts  of  delegates  con- 
centrated upon    .' 79 

amendments,  initiate  by  petition,  article  new,  section 
30  (Int.  No.  556),  by  Mr.  Eisner 191 


INDEX  795 

Constitution  —  Continued :  PAGE 
amendments,  initiate  by  petition,  article  14,  new  sec- 
tion 2  (Int.  No.  539*),  by  Mr.  Foley 188 

amendments,  not  oftener  than  once  in  5  years,  article 

14,  section  1  (Int.  No.  52),  by  Mr.  Dunmore 39 

amendments,  passage  by  legislature,  article  14,  section 

1  (Int.  No.  33),  by  Mr.  Austin 36 

amendments,  passed  by  one  legislature,  article  14,  sec- 
tions 1,  2,  (Int.  No.  234),  by  Mr.  Low 93 

amendments  ratification  by  voters,  article  14,  secetions 
1,  2  (Int.  No.  257),  by  Mr.  Cobb 97 

amendments,  submission,  time  of,  article  14,  section  1 

(Int.  No.  213),  by  Mr.  Ahearn 83 

amendments,  submitted  by  legislature,  vote  upon,  arti- 
cle 14,  section  1  (Int.  No.  94),  by  Mr.  Standart.  .  .        47 

amendments,  submitted  to  people,  vote  for  and  against, 

Secretary  of  State  to  furnish 65,  66,     111 

amendments,  submitting,  vote  upon;  woman  suffrage, 
article  14,  sections  1,  2,  3  and  new  section  (Int.  No. 

715),  by  Future  Amendments  Committee 451,     558 

560,  574,  608,  609,  610,  624,     632 

amendments  to,  by  initiative,   referendum,   article  3, 

new  section  (Int.  No.  486),  by  Mr.  Dahm 177 

amendments,  vote  upon;  woman  suffrage,  article  14, 

sections  1,  2,  3,  4  (Int.  No.  144),  by  Mr.  Marshall.       66 

attested  by  president  and  secretary,  signed  by  mem- 
bers . 736 

constitutional  convention,  delegates,  article  14,  section 

2  (Int.  No.  395),  by  Mr.  Curran 144 

constitutionality,  court  of  appeals  opinion,  article  6, 

new  section  (Int.  No.  544),  by  Mr.  Parsons 189 

constitutionality,   laws,   etc.,   referendum,   new  article 

(Int.  No.  558),  by  Mr.  Eisner 191,     215 

constitutionality  of  laws,  article  3,  new  section  (Int. 

No.  421),  by  Mr.  Curran 152 

constitutionality  of  laws,  article    3,    section    16    (Int. 

No.  579),  by  Mr.  R.  B.  Smith 194,     295 

constitutionality  of  laws,  article  3,  new  section  (Int. 

No.  147),  by  Mr.  Shipman 67 

constitutionality  of  laws,-  determine,  article  6,  section  3 

(Int.  No.  306),  by  Mr.  McKinney 119 


796  INDEX 

Constitution  —  Continued :  _     PAGB 

convention,   referendum,   every   10   years,   article  14, 
section  2;  repeal  sections  1,  3,  (Int.  No.  412),  by 

Mr.   Barnes 151 

delegates  to  convention,  election  of,  article  2,  new  sec- 
tion (Int.  No.  135),  by  Mr.  Low 64 

engrossed  copy,  presented  by  Committee  on  Revision 

and  Engrossment,  read  by  the  secretary 668-717 

718-735 
engrossed  copy,  presented  to  Hon.  E.  M.  Hugo,  Secre- 
tary of  State  761 

members  of,  to  receive  100  copies,  prepared  by  Secre- 
tary of  State 760 

new  constitution,  taking  effect,  date  of,  article  15,  sec- 
tion 1  (Int.  No.  145),  by  Mr.  Marshall.  .67,  451,     561 

574,     612 
official  draft,  suitably  bound,  print  not  exceeding  300 

copies 651,     655 

proposed  amendments,  suggestions  from    various    de- 
partments, institutions  and  organizations 103 

record,  journal  and  documents  of,  suitable  persons  to 

revise  and  index,  designation  by  the  president 757 

revised  form,  final  adoption 735,     736 

woman  suffrage,  amendment  submitted  by  legislature, 
article  14,  section  3    (Int.  No.   703),  by  Suffrage 

Committee  .  .• 311,     335 

woman  suffrage  amendment,  women  vote  upon,  article 
2,  new  section  (Int.  No.  382),  by  Mr.  Dunmore.  .      143 
Contempt,   arrest,   imprisonment  for,   article   1,   section   6 

(Int.  No.  59),  by  Mr.  Buxbaum 40,     248 

Contractors,    excess    compensation,    prohibited,    article    3, 

(Int.  No.  696),  by  Legislative  Powers  Committee.  .  .  .     285 
343,  423,  543,  613,  616,  624,  629,     635 
Contractors,  public,  extra  compensation,  article  3,  section 

28  (Int.  No.  379),  by  Mr.  Mereness 142,  153 

Contractors,  public,  extra  compensation,  article  3,  sections 
18,  28 ;  article  5,  section  1 ;  article  6,  section  15 ;  article 

10,  section  9  (Int.  No.  380),  by  Mr.  Mereness 142,     153 

Contractors,  public,  extra  compensation,  article  3,  section 
28  (Int.  No.  289),  by  Mr.  R.  B.  Smith.  .110,  153,  221,     281 

287,  302,  452,  507,  511,     520 


INDEX  797 

PAGE 

Contractors,  public,  extra  compensation,  prohibited,  article 

3,  section  28  (Int.  No.  36),  by  Mr.  Mereness 37,  140 

Contractors,  public  work,  employees,  article  3,  sections  26, 
27,  and  new  section;  article  10,  section  2;  article  12, 

sections  1,  2  (Int.  No.  313),  by  Mr.  Low 120,  175,  417 

525 

Contracts,  counties,  supplies,  article  3,  section  26  (Int.  No. 

634),  by  Mr.  Donnelly 208,  525 

Contracts,  sale  on  margins,  prohibited,  article  1,  section  9 

(Int.  No.  387),  by  Mr.  Deyo 143,  509 

Convention : 

adjourned  sine  die 762 

adjourn  until  Monday,  April  26th 16 

adjourn  to  Tuesday,  May  4th,  at  twelve  o'clock,  noon .  40 

appointment  of  committee  on  contingent  expenses.  ...  14 

appointment  of  Committee  on  Rules 14 

appointment  of  committee  to  wait  upon  the  Governor 

and  inform  him  the  convention  is  now  organized .  14,  16 
appointment  of  Special  Committee  on  Nominations  for 

Minor  Officers 14,  18,  19,  20 

appointment,  officers  and  employees.  .26,  27,  48,  51,  52 

53,  59,  60,  61,  62,  70,  76,  77,  88,  95,  98,  106,  138,  145 

156,  242,  250,  254,  267,  274,  278,  283,  285,  291,  292 

309,  343,  358,  379,  380,  426,  758 

Bar  Association,  State,  recommendations  presented  by 

Mr.  Clearwater 26 

books,  records,  and  papers,  deposited  in  State  Library.  757 

called  to  order  by  Secretary  of  State.  . 3 

clerk  of,  directed  to  furnish  standing  committees  with 

stationery 123,  131 

clerk  of,  to  procure  from  Court  of  Appeals  information 

relative  to  number  of  cases  on  appeal 33,  34,  60 

clerks  and  stenographers,  employment  of,  and  compen- 
sation   10,  26,  50,  51,  52,  53,  59,  60,  70,  76,  88 

95,  98,  106,  138,  145,  156,  242,  250,  254,  267,  274,  278 

283,  285,  291,  292,  309,  343,  358,  379,  380,  426,  758 
commission  to  compile  additionad  data,  relative  to  New 

York  City  and  the  several  counties  of  the  State.  ...  15 
committee  clerks,  to  deliver  books  and  records  to  com- 
mittee on  Library  and  Information 651 


798  INDEX 

Convention  —  Continued :  PAGE 

committee  hearings,  consolidated  calendar  of,  posted  on 
bulletin  boards    85,     100 

committee  hearings,  time,  place  and  subject  matter, 
posted  on  bulletin  board 63 

committee  meetings,  minutes  of,  typewritten  copies  fur- 
nished delegates 78 

committee    on    printing,    appointment   made   by    Mr. 

President 12 

committee  to  supervise  revision  and  indexing 762 

committees,  names  of,  place  and  hour  of  meeting,  to  be 

posted  on  blackboards 89 

correspondence  between  President  and  Secretary  of 
State,  relative  to  time  of  submission,  completed  work 
of  convention 265 

Cunningham,  W.  D.,   elected  secretary 8 

Cimningham,  W.  D.,  oath  of  office  administered  to,  by 

Mr.  President 8 

delegates,  certified  list  of 3,  4,  5,         6 

department  for  drafting  proposed  constitutional 
amendments,  rule  providing  for 40 

draughtsman,  expert  parliamentary,  for  Committee  on 
Revision  and  Engrossment 49,       77 

elevatormen  and  other  employees  of  capitol  building, 
thanks  tendered  to,  courtesy  and  kindness  to  dele- 
gates       759 

expenses  of,  estimate,  report  of  committee  on  con- 
tingent expenses 107 

financial  clerk  and  assistant,  positions  created,  official 

undertaking  and  compensation 26,       27 

Finley,  John  H.,  Commissioner  of  Education,  thanks 
tendered  to,  courtesy  and  kindness  to  delegates 758 

Governor,  invited  to  visit  and  address  the  delegates.  .        72 

Great  Charter,  seven  hundredth  anniversary,  appro- 
priate exercises  on  June  15th 14,  65,  101,  114,     123 

174,  183,  230,     265 

Haines,  Harry  W.,  elected  sergeant-at-arms 8 

Hammond,  Fred  W.,  and  Wm.  K.  Mansfield,  desig- 
nated by  the  President,  to  revise  and  index  the 
records  journal  and  documents 762 

Hammond,  Fred  W.,  designated  to  sign  official  papers 
and  certifications 49 


LNDEX  799 

Convention  —  Continued :  PAGE 

hours  of  daily  sessions 27,  35,  264,  271,     30*8 

hours  for  daily  sessions,  changing 553 

journal,  reading  of,  dispensed  with,  amendments  made 

on  legislative  day  following . 57 

legislative  librarian  and  assistant,  thanks  tendered  to, 

for  efficient  services 760 

letters  and  other  communications,  forwarded  by  mail, 

marked  "  official  business." 48 

libraries,  to  receive  printed  copies  of  proposed  amend- 
ments   42,     57 

Lyon,  J.  B.  Company,  bid  for  printing  accepted 13 

Lyon,  J.  B.   Company,  printers,  thanks  tendered  to, 

for  excellent  services 761 

Marshall,  John  K.,  elected  official  stenographer.  .  .  .8,  9 
Marshall,  John  K.,  oath  of  office  administered  to,  by 

Mr.  President 9 

Marshall,  John  K.,  stenographer,  and  his  assistants, 

thanks  tendered  to,  for  excellent  work 761 

matter  proposed  to  strike  out  shall  be  in  brackets,  new 

matter  underscored,  when  printed  in  italics 18 

jNicoIl,    Delancey,    profound    sympathy    tendered    to, 

death  of  his  only  daughter 24 

O'Brien,  Morgan  J.,  elected  second  vice-president.  ...  11 
officers  and  employees,  continued  after  adjournment.  .  758 
officers,  clerks  and  employees  of,  thanks  tendered  for 

able  and  efficient  services 759 

officers,  employees  and  assistants,  and  fixing  their  com- 
pensation  10,  11,  26,  27,  49,  51,  52,  53,  59,  60,       61 

62,  70,  76,  77,  88,  95,  98,  106,  138,  145,  156,  242,     250 
254,  267,  274,  278,  283,  285,  291,  292,  343,  358,     37$ 

380,  426,     758 
officers,   employees   and   assistants,   special  committee 

and  the  President  to  consider 11,  18,  19,       20 

official  stenographer,  allowed  pay  for  furnishing  two 

transcripts  of  his  notes 50 

Osborne,  Carl  H.,  appointed  clerk  to  the  President.  . .        13 

positions  created,  compensation 52,       53 

"  Preamble  and  Bill  of  Eights/'  change  title  to  "  Bill 

of  Eights." 17 

president  and  vice-presidents,  to  take  part  in  discus- 
sions in  several  committees 17 


800  INDEX 

Convention  —  Continued :  PAGE 

president,  appointment  of  committee  to  conduct  him  to 

chair 8 

president,  election  of,  on  motion  of  Mr.  Wadsworth ...  6 

president,  invited  to  address  convention,  anniversary  of 
adoption,  Great  Charter  of  English  Liberty 101 

president,  opening  address   8 

»      press,  gentlemen  of,  thanks  tendered  to,  for  fairness 

and  impartiality 760 

printing  board,  authorized  to  execute  contract  with  J. 

B.  Lyon  Company 13,       30 

printing  committee,  to  ascertain  why  printing  has  not 

been  delivered  as  required  by  contract 37 

proceedings,  number  of  copies  on  hand,  and  number  of 
additional  copies  needed 78 

proposed  amendments,  limiting  time  for  introduction 
to  June  1,  1915 18,       71 

quorum  present  and  taken  constitutional  oath  of  office .  6 

records,  journal  and  documents,   revision  and  index, 
persons  designated  by  the  president 757,     762 

reporters  of  the  public  press,  seats  designated  to ...  .  32,     101 

revision  committee,  thanks  tendered  for  arduous  labors.     758 

rooms  required  for  use  of,  secretary  to  notify  superin- 
tendent of  public  buildings 52,     106 

Root,  Elihu,  elected  president 7 

Root,  Elihu,  nominated  for  president  by  Mr.  Low.  ...  7 

Root,  Hon.  Elihu,  thanks  tendered  to,  for  ability,  fair- 
ness and  courtesy  as  president 761 

rule  15,  amended  by  subdividing  committees  into  two 
parts,  finance  and  taxation 15,       17 

rule  72,  amended,  officers  and  employees,  attendance, 

certified  by  supervising  authorities 70 

rules  committee,  to  assign  committee  rooms  to  several 

committees 24,       34 

rules  committee,  to  confer  with  committees  upon  num- 
ber and  compensation  of  committee  clerk  and  steno- 
graphers          12 

rules  of  last  convention,  subject  to  changes,  adoption 
of  ...  .9,  10,  17,  70,  71,  98,  99,  141,  160,  175,  221,     236 

251,  281,     284 

rules,  print  500  copies  as  amended  to  date 184 


istdex  801 

Convention  —  Continued :  PAGE 

Schurman,  Hon.  Jacob  Gould,  and  Hon.  Morgan  J. 

O'Brien,  thanks  tendered  to,  for  efficient  services  as 

vice-presidents 761 

Schurman,  Jacob  Gould,  elected  first  vice-president.  .  .        11 

seats,  assignment  of 12 

seats,  drawing  of 12 

secretary  announced  designation  of  E.  W.  Moses,  charge 

of  officers  and  employees 84 

secretary    appointed    Messrs.    .Steinbrink    and    A.    E. 

Smith  as  tellers 6 

secretary,    authorized    to    contract    with    Great    Bear 

Spring    Water    Company    for    supply    of    drinking 

water 26,  219,     220 

secretary,  authorized  to  procure  printed  copies  of  rules 

as  adopted  April  6th,  and  mail  copies  to  members.  .        16 

32 
secretary,   authorized  to  take  over  existing  telephone 

exchange  system  and  employ  two  operators 26 

secretary,  empowered  to  provide  necessary  blanks,  sta- 
tionery and  supplies 14 

secretary,  nomination  of 8 

secretary,  requested  to  invite  clergymen  to  open  sessions 

with  prayer 26,  136,     156 

secretary  to  furnish  members,   suitable  certificate  of 

their  election  as  delegates 637 

secretary,   to   notify  persons  employed   under  official 

stenographer 52 

sergeant-at-arms,  election  of 8 

sergeant-at-arms,  excused  from  attendance,  subpoena  to 

appear  as  witness 84 

sessions  to  be  held  in  Assembly  chamber,  Albany,  until 

further  notice 16 

standing  committees,  appointment  of 20-24 

stationery,  supplies  and  material  remaining  after  close 

of  business,  delivered  to  superintendent  of  buildings.     757 

stenographer,  official,  election  of 8,         9 

stenographers,     ten     general,     committee     on     minor 

officers  to  recommend  employment  of 38,       48 

superintendent  of  documents,  to  deliver  all  copies  of 

record,  journals  and  documents  to  State  Library.  .  .  651 
26  i  I      , 


802  INDEX 

Convention  —  Continued :  PAGE 
surviving  members  of  Convention  of  1894  invited  to  at- 
tend sessions  of  this  Convention 16,       18 

telephone  operators,  accommodations  for,  rearrange. . .        63 
thanks  of,  extended  to  Hon.  Thaddeus  C.  Sweet  and 
Hon.    Francis    M.    Hugo,    for    valuable    services 

rendered 78,       79 

vice-presidents,  first  and  second,  election  of 11 

woman  suffrage,  not  to  submit  any  amendment  relating 

to  subject 24 

Coroner,  constitutional  office,  article  10,  section  1  (Int. 
Xo.  691),  by  County,  Town  and  Village  Officers  Com- 
mittee       246 

Corporations: 

actions  by,  agents,  members'  rights,  article  8,  section 

3  (Int.  Xo.  504),  by  Mr.  Shipman 179,     345 

business  corporations,  stock,  etc.,  regulating,  article  8, 

new  section  16  (Int.  Xo.  180),  by  Mr.  L.  M.  Martin.       75 

345 
directors,  election,  cumulative  voting,  article  8,  section 

3  (Int.  Xo.  648),  by  Mr.  E.  X.  Smith 210,     345 

jurisdiction,  inferior  local  courts,  article  6,  section  18 

(Int.  Xo.  588),  by  Mr.  Mandeville 196 

monied,  regulating,  article  8,  section  4  and  repeal  sec- 
tions 5-8  (Int.  Xo.  474),  by  Mr.  Leggett 168,     345 

monopolies,   etc.,   prohibiting,   article   3,   new   section 

(Int.  Xo.  492),  by  Mr.  Sargent 178,     345 

private,  local  hills  for,  article  3,  section  18  (Int.  Xo. 

624),  by  Mr.  Wickersham 206,  217,  284,  287,     290 

314,     335 
public  property,  use  of,  regulating,  article  1,  sections 

6,  7  (Int.  Xo.  720),  by  Bill  of  Rights  'Committee. .  .      514 

600,  641,  654,  657,  658,     659 
stock  corporations,  directors,  election,  article  8,  section 

3  (Int.  Xo.  122),  by  Mr.  Marshall 58,  344,     356 

stockholders'  liabilitv  for  labor,  article  8,  new  section 

(Int.  Xo.  337),  by  Mr.  Bayes 126,  127,     345 

stockholders,  liability,  insurance,  banking  corporations, 

article  8,  section  7  (Int.  Xo.  143),  by  Mr.  Doughty.       66 

344 
stock,  produce,  markets,  incorporation,  article  8,  new 

section  4  (Int.  Xo.  388),  by  Mr.  Deyo 143,     345 


INDEX  803 

Corporations  —  Continued :  PAGE 
stocks,  etc.,  sale  on  margins,  prohibited,  article  1,  sec- 
tion 9  (Int.  No.  387),  by  Mr.  Deyo 143,     509 

Corrections,  department  of,  article  8,  sections  11,  12  (Int. 

No.  593),  by  Mr.  Parmenter 196,  224,     239 

Correction,  State  board  of,  article  8,  section  11   (Int.  No. 

507),  by  Mr.  Kosch 180,     239 

Corrupt  practices,  participant,  testimony  of,  article  13,  new 

sections  5,  6,  7  (Int.  No.  63),  by  Mr.  Buxbaum 43 

Counties : 

bonds,  public  improvement,  maturity,   article  8,  new 

section  (Int.  No.  646),  by  Mr.  Van  Ness 210 

boundaries,  enlarging,  etc.,  article  3  new  section  (Int. 

No.  625),  by  Mr.  Low 206 

condemnation,  just  compensation,  article  1,  section  6 

(Int  No.  441),  by  Mr.  Frank 163 

coroner,  to  be  constitutional  office,  article  10,  section 

1    (Int.  No.   691), 'by  County,   Town  and  Village 

Officers    Committee 246 

county  debts,  sinking  funds,  taxes,   article  8,  section 

10   (Int.  No.  411),  by  Mr.  Wiggins 150,     431 

county  clerks,  registrars,  titles,  register,  article  10,  new 

section  (Int.  No.  60),  by  Mr.  Coles 43 

county  court  judges,  practicing  law,  article  6,  section 

20  (Int.  No.  104),  by  Mr.  Tierney 54 

county  court,  merge  with  municipal  court,   article  6 

(Int.  No.  262),  by  Mr.  Reeves 103 

county  courts,   judges,  jurisdiction,   article  6,   section 

14  (Int  No.  410),  by  Mr.  C.  H.  Young 150 

county  courts,  jurisdiction,  article  6,  section  14  (Int. 

No.   608),  by  Mr.  Lincoln 198,   217,     345 

county  courts,  jurisdiction,  article  6,  section  14  (Int. 

No*  476),  by  Mr.  Rodenbeck 168 

county  courts,  jurisdiction,  etc.,  article  6,  section  14 

(Int.  No.  414),  by  Mr.  R.  B.  Smith 151 

county  courts,   jurisdiction,    increase,   article   6    (Int. 

No.  718),  by  Judiciary  Committee.  .480,  523,  526,     532 
534,  536,  537,  539,  551,  590-594,  614,  618,     619 
county  courts,  merge  supreme  court,  article  6,  sections 

1-3,    5-7,    9,    12,    14-23    (Int.   No.    611),   by  Mr. 
Westwood , .     199 


804  INDEX 

Counties  —  Continued :  PAGE 

county  courts,  New  York  City,  abolish,  article  6,  sec- 
tion 14  (Int.  No.  377),  by  Mr.  Wickersham.  .142,     213 

county  courts,  New  York  City,  merging,  article  6, 
sections  14,  17  (Int.  No.  215),  by  Mr.  Steinbrink.        86 

count  employees,  vote  for  city  officers,  article  2,  sec- 
tion 1  (Int.  No.  654),  by  Mr.  Green 211 

county  judge,  Hamilton  county,  qualifications,  article 
6,  section  20  (Int.  No.  255),  by  Mr.  R,  B.  Smith..        97 

county  judge,  pay,  change  during  term,  article  6,  sec- 
tion 15  (Int.  No.  151),  by  Mr.  Burkan 67 

county  judges,  additional,  legislature  may  create, 
article  6,  section  14  (Int.  No.  61),  by  Mr.  Frank.       43 

county  judges,  election,  county  courts,  etc.,  article  6, 
section  14  (Int.  No.  152),  by  Mr.  C.  H.  Young.  .        67 

county  judges,  law  practice,  article  6,  section  20  (Int. 
No.  514),  by  Mr.  Nye 181 

county  judges,  practice  law,  referee,  article  6,  section 
20  (Int.  No.  273),  by  Mr.  Ostrander 105 

county  judges,  regulation  by  legislature,  article  6,  sec- 
tion 14  (Int.  No.  14),  by  Mr.  C.  H.  Young 29 

county  judges,  surrogates,  qualification,  etc.,  article  6, 

section  20  (Int.  No.  224),  by  Mr.  Buxbaum 91 

county  judges,  surrogates,  salary,  article  6,  section  15 

(Int.  No.  562),  by  Mr.  Bosch 192 

county  officers,  compensation,  salary  only,  article  10, 
section  9  (Int.  No.  89),  by  Mr.  Kirby 47 

county  officers,   election,  terms,   article   10,   section  1 

(Int.  No.   594),  by  Mr.  Parmenter 196 

county  officers,   election,  terms,   article  10,  section  1 

(Int.  No.  606),  by  Mr.  Sears 198 

county  officers,  removal,  article  10,  section  1  (Int.  No. 
717),  by  County,  Town  and  Village  Officers  Com- 
mittee       4(58 

county  officers,  terms,  removal,  certain  counties,  article 
10,  section  1  (Int.  No.  435),  by  Mr.  R.  B.  Smith.      159 

203,     468 

county  officers,  whose  election  not  provided  for,  article 
10,  section  2  (Int.  No.  146),  by  Mr.  M.  Saxe.    67,     107 

county  within  city,  officers,  etc.,  article  3,  section  26 ; 
article  12,  section  2  (Int.  No.  314),  by  Mr. 
Wiggins 120,     525 


INDEX  805 

Counties  —  Continued :  PAGE 

creation,  government,  city  management,  etc.,  article 
10,  sections  1,  2  (Int.  No.  178),  by  Mr.  L.  M.  Mar- 
tin   75,     525 

debts,  funded,  maturing,  article  8,  new  section  (Int. 
No.  470),  by  Mr.  R  B.  Smith 167,     230 

debts,  serial  bonds  for,  article  8,  section  10,  and  new 
section  12,  (Int.  No.  713),  by  Cities  Committee.  .     431 
432,  504,  542,  546,  556,  601,  603,  620,  621,  630,     631 

district  attorneys,  terms,  etc.,  certain  counties,  article 
10,  section  1  (Int.  No.  227),  by  Mr.  Newburger 92 

election,  proposition  to  spend  money,  article  8,  section 
10)  Int.  No.  3,5,  by  Mr.  Mereness 37 

employees,  receiving  pensions,  article  10,  new  section 

10  (Int.  No.  618),  By  Mr.  Steinbrink 205 

franchise  grants,  perpetuity,  prohibited,  article  3,  new 
section  (Int.  No.  28),  By  Mr.  Low 36,  184,     218 

franchises,  indeterminate,  prohibiting,  article  3,  new 
section  30  (Int.  No.  548),  by  Mr.  Low 190 

funded  debts  of,  refund,  etc.,  article  12,  section  1 
(Int.  No.  272),  by  Mr.  Vanderlyn 105,  115,     247 

government  of,  form,  changing,  article  3,  sections  26, 
27;  article  10,  section2  (Int.  No.  721),  by  County, 
Town  and  Village  Committee 526,  612,  624,     634 

government  of,  optional  plans,  article  3,  sections  26,  27 

and  new  sections  (Int.  No.  462),  by  Mr.  Barrett.  .      160 

266,     525 

government  of,  optional  plan,  article  3,  new  section 
(Int.  No.  524),  by  Mr.  Coles 186,     525 

grade  changes,  damage,  compensation,  article  1,  new 
section  (Int.  No.  597),  by  Mr.  Tuck 197 

Hamilton,  legislature  may  not  abolish,  article  3,  sec- 
tion 5  (Int.  No.  317),  by  Mr.  Bunce 120 

health,  use  forest  lands,  etc.,  article  7,  section  7  (Int. 
No.  370),  by  Mr.  Dow 138,  232,     361 

health,  use  of  forest  preserve  for,  article  7,  section  7 

(Int.  No.  10),  by  Mr.  C.  H.  Young.  .28,  134,  140,     360 

health,  use  of  forest  preserve  lands  for,  article  7,  sec- 
tion 7,  7-a  (Int.  No.  71),  by  Mr.  C.  H.  Young. .  .       44 

134,   140,     360 

highway  debts,  contribution  to,  article  7,  section  12 

(Int.  No.  521),  by  Mr.  Lincoln 182 


806  INDEX 

Counties  —  Continued :  PAGE 

highways,  apportionment,  state  money,  article  7,  sec- 
tion 12  (Int.  No.  426),  by  Mr.  Wagner 157 

highways,  bonds,  apportionment,  article  7,  new  section 

13  (Int.  No.  478),  by  Mr.  Sanders 10U 

highways,  cost,   apportionment,   article  7,   sections  4, 

11,  12  (Int.  No.  469),  by  Mr.  R,.  B.  Smith 167 

highways,  state  moneys,  apportioning,  article  7,  sec- 
tion 13  (Int.  No.  356),  by  Mr.  Angell 130 

highways,  state  moneys  for,  apportionment,  article  7, 

section  13  (Int.  No.  31),  by  Mr.  Blauvelt 36,     377 

409,  537,  555,  557,561,     599 

home  rule,  article  3,  sections  26,  27,  and  new  section ; 
article  10,  section  2 ;  article  12,  sections  1,  2  (Int. 
No.  313),  by  Mr.  Low 120,  175,  417,     525 

hospitals,  forest  lands  for,  article  7,  section  7  (Int.  No. 

375),  by  Mr.  Baldwin 141,  361 

inferior  local  courts,  jurisdiction,  article  6,  section  18 

(Int.  No.  253),  by  Mr.  Dunmore 97 

inferior  local  courts,  jurisdiction,  article  6,  section  18 
(Int.  No.  301),  by  Mr.  E.  N.  Smith 117 

inferior  local  courts,  jurisdiction,  article  6,  section  18 

(Int.  No.  560),  by  Mr.  Wiggins 191 

inferior  local  courts,  jurisdiction,  regulating,  article 
6,  section  18  (Int.  No.  381),  by  Mr.  Angell 142 

judges,  removal,  article  6,  section  11  (Int.  No.  522), 
by  Mr.  Deyo 182 

jurors,  commissioner,  each  county,  article  10,  new  sec- 
tion (Int.  No.  585),  by  Mr.  Green 195 

labor,  public  work,  8  hour  day,  article  1,  new  section 

(Int.  No.  394),  by  Mr.  Curran 144 

lands  under  water,  grants,  article  3,  new  section  30 

(Int.  No.  549),  by  Mr.  Low 190,     249 

laws  affecting,  New  York  city,  mayor's  approval,  arti- 
cle 12,  section  2 (Int.  No.  373),  by  Mr.  Mann 141 

liquor,  damage,  fund  to  enforce  rights  article  1,  new 

section  (Int.  No.  390),  by  Mr.  Rhees 144 

local  legislative  power,  granting,  article  3   (Int.  No. 

696),  by  Legislative  Powers  Committee 285,     343 

423,  543,  613,  616,  624,  629,     635 

New  York  city,  single  county,  article  10,  section  1,  and 

new  section  3  (Int.  No.  449),  by  Mr.  Baldwin 164 


INDEX  807 

Counties  —  Continued :  PAGE 

officers,  election  not  provided  for,  article  10,  section 
2  (Int.  No.  319),  by  Mr.  L.  M.  Martin 121,     525 

officers,  nomination,  etc.,  article  2,  section  7  (Int.  No. 
361),  by  Mr.  Low 130 

officers,  pay  changing  during  term,  article  3,  section 
28  (Int.  No.  36),  by  Mr.  Mereness. 37,     140 

officials,  extra  compensation,  prohibited,  article  3,  sec- 
tion 28  (Int.  No.  289),  by  Mr.  R.  B.  Smith.  .  .110,     153 
221,  281,  287,  302,  452,  507,  511,     520 

officials,  extra  pay,   prohibited,   article  3,   section  28 

(Int.  No.    379),  by  Mr.  Mereness 142,     153 

officials,  extra  pay,  prohibited,  article  3,  sections  18, 
28;  article  5,  section  1;  article  6,  section  15;  article 
10,  section  9  (Int.  No.  380),  by  Mr.  Mereness.  142,     153 

officials,  removal,  certiorari  seview,  article  10,  section  1 

and  new  section  (Int.  No.  460),  by  Mr.  F.  Martin.  .  .166 

224 

officials,  with  pensions,  limit  salary,  article  10,  new  sec- 
tion (Int.  No.  505),  by  Mr.  F.  Martin 179 

optional  forms  of  government,  providing,  article  3, 
sections  26,  27,  repeal;  article  10,  sections  1,  2,  new 
sections  (Int.  No.  202),  by  Mr.  Barrett 82,     525 

payroll  laws,  mandatory,  prohibited,  article  3,  new  sec- 
tion (Int.  No.  451),  by  Mr.  Baldwin 165 

peace  justices,  masters  of  county  court,  article  6,  sec- 
tion 17  (Int.  No.  114),  by  Mr.  Kirby 55 

pensions,   actuarial  basis  for,   article  7,   new  section 

(Int.  No.  683).  by  Mr.  Low 237,     250 

property,  damage,  determine  in  county,  article  7,  new 

section  (Int.  No.  316),  by  Mr.  Ostrander 120 

public  defenders,  election,  etc.,   article  10,  section  1 

(Int.  No.  218),  by  Mr.  Shipman 86 

records,  superintendent  of,  article  10,  section  1   (Int. 

No.   444),   by  Mr.    Reeves 164 

securities,  commission  to  regulate,  article  8,  new  sec- 
tion (Int.  No.  455),  by  Mr.  Baldwin 165,  204,     229 

431,     525 

senate,  assembly,  districts,  article  10,  section  6;  arti- 
cle 3,  sections  1-5;  repeal  sections  7,  8  (Int.  No. 
722),  by  Legislative  Organization  Committee.  .556,     629 

638,  645,  647,  652,     653 


808  INDEX 

Counties  —  Continued  :  PAGE 

senate  districts,  boundaries,  article  3,  section  4  (Int. 
No.  228),  by  Mr.  Foley 92 

senate  districts,  number  in  any  county,  article  3,  sec- 
tion 4  (Int.  No.  680),  by  Legislative  Organization 
Committee 235,  255,     276 

senate  districts,  number  in  county,  article  3,  section  4 
Int.  No.  298),  by  Mr.  Bernstein 117 

senate  districts,  number  in  county,  article  3,  section  4 

(Int.  No.  673),  by  Mr.  M.  J.  O'Brien.  .  .231,  258,     262 

265,     267 

senators,  maximum  number  to  county,  article  3,  sec- 
tion 4  (Int.  No.  684),  by  Mr.  Haffen 237 

sheriffs,  may  succeed  themselves,  article  10,  section  1 

(Int.  No.  325),  by  Mr.  Dunmore 121 

sheriffs,  may  succeed  themselves,  article  10,  section  1 

(Int.  No.  57),  by  Mr.  Kirby 40,  42,  340,  447,     468 

stocks,   bonds,   gift   to   county,    article   8,    section   10 

(Int.  No.  108),  by  Mr.  Bockes 55 

supervisors,   as  county  officers,   article  3,   section  26 

(Int.  No.  12),  by  Mr.  C.  H.  Young 28,     525 

supervisors,  delegating  powers  to,  article  3,  section  27 

(Int.  No.  288),  by^Mr.  R  B.  Smith 110,     525 

supervisors,  number,  election,  article  3,  section  26 
(Int.  No.  523),  by  Mr.  Coles 186,     525 

supervisors,  powers,  city  comptrollers,  article  3,  sec- 
tion 26  (Int.  No.  634),  by  Mr.  Donnelly 208,     525 

supervisors,  powers;  county  comptrollers,  establishing, 
article  3,  section  26  (Int.  No.  115),  by  Mr.  Kirby.       55 

525 

Supreme  Court  Commissioners,  certain  counties,  arti- 
cle 6,  section  2  (Int.  No.  452),  by  Mr.  Baldwin. .      165 

surrogates,  abolishing,  article  6,  section  15   (Int.  No. 

572),  by  Mr.  Tierney 193 

surrogates,  age  limit  72  years,  article  6,  section  12 

(Int.  No.  481),  by  Mr.  Steinbrink 169 

surrogates,  court  in  other  counties,  article  6,  section  15 

(Int.  No.  347),  by  Mr.  Heaton 129 

taxation,  public  property,  exempt,  article  3,  new  sec- 
tion 24-a  (Int.  No.  619),  by  Mr.  Steinbrink 206 

taxes,  department  assessment  and  collection,  article  10, 

section  2  (Int.  No.  201),  by  Mr.  Barrett 82 


INDEX  809 

Counties  —  Continued :  PA6B 

tax  officials,  appointment,  election,  article  10,  section  2 

(Int.  No.  378),  by  Mr.  M.  Saxe 142,     152 

territory,   annexing,  referendum,  article  3,  section  5 

(Int.  No.  399),  by  Mr.  Coles 148 

treasurers,  statement  of  compensation  and  fees,  Comp- 
troller to  furnish 66,       87 

trial  justices  of  peace,  election,  article  6,  section  17 

(Int.  No.  563),  by  Mr.  Vanderlyn 192 

within  city,   assembly   districts,    article   3,    section   5 

(Int.  No.  335),  by  Mr.  Buxbaum 127 

Court  of  Appeals : 

abolish,  merge  appellate  division,  article  6,  section  7 

(Int.  No.  590),  by  Mr.  Mandeville 196 

appeals  to,  regulating,  article  6,  section  9  (Int.  No. 
160),  by  Mr.   Cobb 69 

apportionment,  by  legislature,  review,  article  3,  new 
section  5  (Int.  No.  355),  by  Mr.  A.  E.  Smith 130 

chief  judge,  chairman  court,  rules  commission,  article 
6,  section  2  (Int.  No.  359),  by  Mr.  Wickersham. .      136 

chief  judge,  convene  impeachment  court,  article  6,  sec- 
tion 13  (Int.  No.  695),  by  Legislative  Powers  Com- 
mittee      280 

chief  judge,  member  board  of  pardons,  article  4,  sec- 
tion 5  (Int.  No.  235),  by  Mr.  Bernstein 93,     162 

chief  judge,  veto  code  bill,  article  3,  new  section  (Int. 
No.   622),  by  Mr.   Baldwin 206 

clerk  of,  to  furnish  information  relative  to  all  cases 
argued  during  years  1913,  1914 49,  114,     131 

clerk  of,  to  furnish  information  relative  to  number  of 
cases  on  appeal 33,  34,  114,     131 

composition  of,  salaries,  etc.,  article  6,  section  7  (Int. 
No.  274),  by  Mr.  Fobes 105,     147 

constitutional  amendments,  vote,  review  of,  article  14, 

sections  1,  2,  3,  4  (Int.  No.  144),  by  Mr.  Marshall.       66 

continuing,  etc.,  article  6  (Int.  No.  308),  by  Mr. 
Reeves 119 

enlarging,  etc.,  article  6,  sections  1-3,  5-7,  9,  12,  14— 
23  (Int.  No.  611),  by  Mr.  Westwood 199 

enlarging,  include  appellate  division  judges,  article  6, 

sections  2,  7  (Int.  No.  445),  by  Mr.  Bayes 164 


810  INDEX 

Court  of  Appeals  —  Continued :  PAGE 

judges,  age  limit,  extra  pay,  etc.,  article  6,  section  12 

(Int.  No.  481),  by  Mr.  Steinbrink 169 

judges,  appointment,  regulating,  article  6,  new  sec- 
tion (Int.  No.  485),  by  Mr.  Adams 177 

judges,  as  official  referee,  article  0,  new  section  24  (Int. 
No.   189),  by  Mr.   Steinbrink 81 

judges,  designation  by  Supreme  Court,  article  6,  sec- 
tions 1,  2,  4,  7,  12,  repeal  section  8  (Int.  No.  229), 
by  Mr.  Kirk 92 

judges,  impeachment  of,  article  6,  section  13  (Int.  No. 

141),  by  Mr.  K.  B.  Smith 65 

judges,  members  impeachment  court,  article  6,  sec- 
tion 13  (Int.  No.  518),  by  Mr.  Johnson 182 

judges,  nomination  of,  article  6,  new  section  (Int.  No. 
20),  by  Mr.  Aiken 29 

judges  of,  appointed  by  Governor,  article  6,  sections  7, 
8  (Int.  No.  198),  by  Mr.  C.  Nicoll 82 

judges,  fix  court  practice,  rules,  article  6,  new  section 
(Int.  No.  690),  by  Mr.  K.  B.  Smith 238,     259 

judges,  Governor  to  nominate  candidates,  article  6,  sec- 
tion 10  (Int.  No.  607),  by  Mr.  Sears 198 

judges,  practice  of  law  by,  article  6,  section  20  (Int. 
No.  104),  by  Mr.  Tierney 54 

judges,  qualifications,  practice  law,  article  6,  section  20 

(Int.  No.  224),  by  Mr.  Buxbaum 91 

judges  of,  qualifications,  practice  law,  article  6,  sec- 
tion 20  (Int.  No.  273),  by  Mr.  Ostrander 105 

judges,  re-electing,  article  6,  section  10  (Int.  No.  309), 

by  Mr.  Brenner 119 

judges,  removal,  convene  legislature,   article  3    (Int. 
No.  696),  by  Legislative  Powers  Committee.  .285,     343 
423,  543,  613,  616,  624-629,     635 

judges,  removal,  etc.,  article  6,  section  11   (Int.  No. 

384),  by  Mr.  Cobb 143 

judges,  retired,  official  referees,  article  6,  new  section 
24  (Int.  No.  463),  by  Mr.  C.  H.  Young 166,     245 

judges,  separate  elections  for,  article  6,  new  section 

(Int.  No.  499),  by  Mr.  Parsons 179 

judges,  vacancies,  filling,  article  6,  section  8  (Int.No. 

502),  by  Mr.  Shipman 179 


INDEX  811 

Court  of  Appeals  —  Continued :  PAGE 

judges,  vacancies,  filling,  article  6,  section  8  (Int.  No. 

541),  by  Mr.  Stimson 189,     215 

jurisdiction,  appellate  division,  etc.,  article  6,  section  9 

(Int.  Xo.  446),  by  Mr.  Bayes 164 

jurisdiction,  questions  of  fact  and  law,  article  6,  sec- 
tion 9  (Int.  Xo.  428),  by  Mr.  Wiggins 157 

jury  duty,  exemptions,  rules,  article  3,  new  section  30 

(Int.  Xo.  310),  by  Mr.  Brenner 119 

laws,  constitutionality  of,  article  3,  new  section  (Int. 

Xo.  421),  by  Mr.  Curran 152 

laws,  constitutionality  of,  article  6,  section  9  (Int.  Xo. 

147),  by  Mr.   Shipman 67 

legislative  counsel,   appointing  board,   article  3,  new 

section  (Int.  Xo.  547),  by  Mr.  Low 190,     216 

merging  in  Supreme  Court,  article  6,  sections  1-13 

(Int.  Xo.  302),  by  Mr.  Gladding 117 

opinion,  matter  of  claim  of  Marie  Jensen,  printed  on 

document 293 

opinion  of,  requiring,  article  6,  new  section  (Int.  Xo. 

544),  by  Mr.  Parsons 189 

opinions  of,  for  Governor  and  Legislature,  new  section 

(Int.  Xo.  9),  by  Mr.  Donnelly 28 

reorganization  of,  article  6,  sections  2,  4,  7,  8  (Int.  Xo. 

26),  by  Mr.  Sheehan 30 

reorganizing  generally,  article  6   (Int.  Xo.  718),  by 

Judiciary  Committee.  .480,  523,  526,  532,  534,  536,  537 
539,  551,  590-594,  614,  618,  619 
special,    trial   terms,    designating  justices,    article   6, 

section  2  (Int.  Xo.  311),  by  Mr.  Sargent 119 

take  evidence,  etc.,   article  6,  new  section   9-a    (Int. 

Xo.  352),  by  Mr.  Kodenbeck 130 

Courts : 

claims,   clerk  of,   to  furnish   information,   relative  to 

courts  and  boards  of  claims 89,  112,     286 

claims  court,  abolishing,  article  6,  new  section   (Int. 

Xo.  349),  by  Mr.  Angell 129 

claims  court,  abolishing,  article  6,  section  1,  19,  and 

new  section  (Int.  Xo.  402),  by  Mr.  Latson 149     306 

claims  court,  constitutional  body,  article  6,  section  16 

(Int.  Xo.  466),  by  Mr.  Cobb 167 


812  INDEX 

Courts  —  Continued :  PAGB 

claims  court,   continue,   article   6,   section   15-a,  new 

(Int.  No.  515),  by  Mr.  Mandeville 181 

claims  court,  inferior  local  court,  judges  terms,  article 

6,  section  18  (Int.  No.  468)  by  Mr.  Cobb 167 

claims   court,   judges,   removal,   article  6,   section  11 

(Int.  No.  467),  by  Mr.  Cobb 167 

constitutionality  of  laws,  article  3,  new  section  (Int. 

No.  421),  by  Mr.  Curran. 152 

courts  of  record,  judges,  appointment,  article  6,  new 

section    (Int.    No.    485) 177 

county  courts,  jurisdiction,  article  6,  section  14  (Int. 

No.  476),  by  Mr.  Rodenbeck 168 

county  courts,  jurisdiction,  etc.,  article  6,  section  14 

(Int.  No.  414),  by  Mr.  R.  B.  Smith 151 

county  courts,   New  York  city,   judges,   jurisdiction, 

article  6,  section  14  (Int.  No.  410),  by  Mr.  C.  H. 

Young 150 

county,  general  sessions,  jurisdiction,  etc.,   article  6, 

section  14  (Int.  No.  251),  by  Mr.  C.  H.  Young. .  97 
county  judges,  surrogate,  law  practice,  article  6,  sec- 
tion (Int.  No.  514),  by  Mr.  Nye 181 

district  courts,   cities,   jurisdiction,   article   6,   section 

17  (Int.  No.  561),  by  Mr.  Wiggins 191 

district  courts,  justices,  jurisdiction,  article  6,  section 

17  (Int.  No.  252),  by  Mr.  Dunmore 97 

domestic  relations,  children,  article  6,  new  section  24 

(Int.  No.   564),  by  Mr.   Clearwater 192 

domestic  relations  courts,  first  class  cities,  article  6, 

new  section  15-a  (Int.  No.  443),  by  Mr.  Adams. . .  163 
general  sessions,  New  York  city,  abolishing,  article  6, 

section  5  (Int.  No.  7),  by  Mr.  Olcott 28 

general  sessions,  New  York  county,  continued,  article 

6,  new  section  (Int.  No.  170),  by  Mr.  Baldwin. . .  74 
impeachment,   convening,   article   6,   section  13    (Int. 

No.  695),  by  Legislative  Powers  Committee 280 

impeachment,  Governor,  Lieutenant-Governor,  article 

6,  section  13  (Int.  No.  137),  by  Mr.  Rosch 64 

impeachment,  members  of,  article  6,  section  13  (Int. 

No.  141),  by  Mr.  R.  B.  Smith 65 

Indian  courts,  abolish,  article  1,  section  15  (Int.  No. 

279),  by  Mr.  Lindsay 106,     249 


INDEX  813 

Courts  —  Continued :  PAGE 

Indians,  tribal  courts,  abolishing,  article  1,  section  15 

(Int.  No.  707),  by  Indian  Relations  Committee.  . .      347 

406,  443,  453,  507,  511,  520 

inferior,  established  by  legislature,  article  6,  section  18 

(Int.  No.  72),  by  Mr.  Barrett 45 

inferior,  local,  article  6,  section  18  (Int.  No.  208),  by 
Mr.  Bunce 83 

inferior,  local,  abolish,  article  6,  section  18  (Int.  No. 
457),  by  Mr.  Wagner 165 

inferior,  local,  children's,  domestic  relations,  county, 
surrogates,  article  6,  (Int.  No.  718),  by  Judiciary 

Committee 480,  523,  526,  532,  534,     536 

537,  539,  551,  570,  594,  614,  618,     619 

inferior,  local,  jurisdiction,  article  6,  section  18  (Int. 
No.  256),  by  Mr.  Cobb 97 

inferior,  local,  jurisdiction,  article  6,  section  18  (Int. 
No.  588),  by  Mr.  Mandeville 196 

inferior,  local,  jurisdiction,  article  6,  section  18  (Int. 
No.  106),  by  Mr.  E.  N.  Smith 54 

inferior,  local,  jurisdiction,  article  6,  section  18  (Int. 
No.  301),  by  Mr.  E.  N.  Smith 117 

inferior,  local,  jurisdiction,  regulating,  article  6,  sec- 
tion 18  (Int.  No.  381),  by  Mr.  Angell 142 

inferior,  local,  jurisdiction,  regulating,  article  6,  sec- 
tion 18  (Int.  No.  542),  by  Mr.  Stimson 189 

inferior,  local,  jurisdiction,  regulating,  article  6,  sec- 
tion 18  (Int.  No.  560),  by  Mr.  Wiggins 191 

inferior,  local,  judges,  removal,  article  6,  section  11 

(Int.  No.  384),  by  Mr.  Cobb 143 

inferior,  local,  judges,  removal,  article  6,  section  17 

(Int.  No.  307),  by  Mr.  Ryan 119 

inferior,  local,  jurisdiction  in  county,  article  6,  sec- 
tion 18  (Int.  No.  253),  by  Mr.  Dunmore 97 

inferior,  local,  special  sessions,  article  6,  sections  17, 

22,  23  (Int.  No.  163),  by  Mr.  Leggett 69 

inferior,  record  courts,  judges,  removal,  article  6,  sec- 
tion 11  (Int.  No.  522),  by  Mr.  Deyo 182 

inferior,  uniform,  merge  Supreme  Court,  article  6,  sec- 
tions 1-3,  5-7,  9-12,  14-23  (Int.  No.  611),  by  Mr. 
Westwood 199 


814  INDEX 

Courts  —  Continued :  PAGE 

judges,  election,  odd  numbered  years,  article  6,  sections 

4,  8;  article  10,  section  5  (Int.  No.  664),  by  Mr. 

Sears 213 

limited  jurisdiction,  cities,  establishing,  article  6,  sec- 
tion 18  (Int.  No.  367),  by  Mr.  Sears. 138 

local,  abolish,  article  6,  section  18  (Int.  No.  595),  by 

Mr.  Parmenter 196 

local,  territorial  jurisdiction,  article  6,  section  18  (Int. 

No.  107),  by  Mr.  Bockes 55 

magistrates,  local,  etc.,  regulating,  article  6,  sections 

17,  18  (Int.  No.  536),  by  Mr.  Brenner 188 

New  York  city,   merging,   article  6,  sections   14,   17 

(Int.  No.  215),  by  Mr.  Steinbrink 86 

New  York  city,  merging,  article  .6,  section  14   (Int. 

No.  377),  by  Mr.  Wickersham 142,     213 

New  York  city,  special  sessions,  continuing,  article  6, 

new  section  (Int.  No.  682),  by  Mr.  Wagner 237 

procedure,  revising,   article   6,  new  section  2-b   (Int. 

No.  185),  by  Mr.  Kodenbeck 76 

procedure,  revising,  article  3,  new  section,   (Int.  No. 

425),  by  Mr.  Sargent 157 

proceedure,    rules,    regulation,  article  6,  new  section 

(Int.  No.  690),  by  Mr.  E.  B.  Smith 238,     259 

rules,  adoption  of,  article  6,  new  section,    (Int.  No. 

22),  by  Mr.  Aiken 30 

rules,  adoption  of,  article  6,  new  section  2-a  (Int.  No. 

183),  by  Mr.  Kodenbeck.' 75 

rules,  commission  on,   chairman,   article  6,  section  2 

(Int.  No.  359),  by  Mr.  Wickersham 136 

rules,  publication ;  decisions,  index,  article  6,  section 

1  (Int.  No.  277),  by  Mr.  Kodenbeck 105 

special,  limited  jurisdiction,  eliminate,  article  6  (Int. 

No.  262),  by  'Mr.  Keeves 103 

special  session,  abolish,  article  6,  section  18  (Int.  No. 

447),  by  Mr.  Newburger 164 

special  sessions,  abolishing,  article  6,  section  23  (Int. 

No.  320),  by  Mr.  Dunmore 121 

special  sessions,  jurisdiction,  article  6,  section  23,  re- 
peal (Int.  No.  448),  by  Mr.  Newburger 164 

surrogates,  abolishing,  article  6,  section  15   (Int.  No. 

572),  by  Mr.  Tierney 193 


INDEX  815 

Courts  —  Continued :  PAGE 
surrogates'  powers,  etc.,  article  6,  section  15  (Int.  No. 

347),  by  Mr.  Heaton 129 

surrogates,   terms,   jurisdiction,   article   6,   section   15 

(Int.  No.  431),  by  Mr.  McKean 158 

Cox.  Hon.  Rosslyn  M.,  communication  from 379 

Cramer,  Charles  Francis,  communication  from 577 

Cravath,  Paul  D.,  communication  from 637 

Criminal  cases: 

appeal,  matter  of  right,  article  1,  section  4  (Int.  No. 

494),  by  Mr.  Harawitz 178 

appeals  by  people,  article  1,  section  6  (Int.  No.  636), 

by  Mr.  F.  Martin 208 

bribery,  article  13,  sections  2,  3,  4  (Int.  No.  473),  by 

Mr.  Leggett \     168 

capital  punishment,  abolish,  article  1,  section  7  (Int. 

No.  118),  by  Mr.  Bayes 58 

capital  punishment,  abolish,  article  1,  section  7  (Int. 

No.  661),  by  Mr.  Curran 212 

court  of  criminal  appeals,  establishing,  article  6,  sec- 
tion 6  (Int.  No.  21),  by  Mr.  Aiken 30 

crimes,  answering  for,  indictment,  article  1,  section  6 

(Int.  No.  333),  by  Mr.  Coles 127 

crimes,  answering  for,  procuring  rights,  article  1,  sec- 
tion 6  (Int.  No.  11),  by  Mr.  C.  H.  Young.  .  .  .28,     244 
crimes,  answering  for,  proceedings,  rights,  article  1, 

section  6  (Int.  No.  368),  by  Mr.  Sears 138 

crimes,    answering   for,    self -incriminating,    article    1, 

section  6  (Int.  No.  267),  by  Mr.  Mann 104,     244 

criminal  charge,  by  information,  article  1,  section  6 

(Int.  No.  461),  by  Mr.  F.  Martin 166,     204 

criminal  judicial  statistics,  article  6,  section  21   (Int. 

No.  454),  by  Mr.  Baldwin 165 

death,  judgment  of,  appeal  of  right,  article  6,  section 

9  (Int.  No.  160),  by  Mr.  Cobb 69 

death  penalty,   abolishing,   article  1,   section   5    (Int. 

No.  24),  by  Mr.  Betts 30 

delinquents,  etc.,  inferior  courts,  jurisdiction,  article 

6,  section  18  (Int.  No.  542),  by  Mr.  Stimson 189 

extradition,  habeas  corpus,   article  1,  section  4   (Int. 

No.  177),  by  Mr.  Dunmore 75 


816  INDEX 

Criminal  cases  —  Continued :  PAGE 

felony,  witness  without  state,  testimony  of,  article  1, 

section  6  (Int.  No.  354),  by  Mr.  Kirby .      130 

grand  jury,  right  to,  article  1,  section  6    (Int.  No. 

604),  by  Mr.  Franchot 198,     244 

guilty  plea,  judgment  by  magistrate,  article  1,  section 

6  (Int.  No.  305),  by^Mr.  Kirby 118 

inferior  local  courts,  jurisdiction,  article  6,  section  18 

(Int.  No.  560),  by  Mr.  Wiggins 191 

juries,  number,  waiving,  regulating,  article  1,  section 

2  (Int.  No.  292),  by  Mr.  Leggett Ill,     244 

juries,  to  fix  punishment,  article  1,  section  2  (Int.  No. 

238),  by  Mr.  Griffin 93 

juries,  trial  by,  waiving,  article  1,  section  2  (Int.  No. 

369),  by  Mr.   Sears 138 

juries,  trial  by,  waiving,  article  1,  section  2  (Int.  No. 

217),   by  Mr.   Wickersham 86 

juries,  waiving,  except  capital  cases,  article  1,  section 

2  (Int.  No.  268),  by  Mr.  Mann 104 

juries,  waiving,  verdict,  etc.,  article  1,  section  2  (Int. 

No.  233),  by  Mr.  J.  G.  Saxe 93 

jury,  6  or  more,  article  1,  section  2    (Int.  No.  45), 

by  Mr.  Bayes 38 

jury  trial,  defendant  may  waive,  article  1,  section  2 

(Int.  No.  116),  by  Mr.  Westwood 56,  148,     244 

jury  trial,  right  to,  etc.,  article  1,  section  2  (Int.  No. 

391),  by  Mr.  Curran 144 

jury  trial,  waiving,  etc.,  article  1,  section  2  (Int.  No. 

188),  by  Mr.  Pelletreau 80 

justice  of  peace,   district  courts,  jurisdiction,   article 

6,  section  17  (Int.  No.  561),  by  Mr.  Wiggins 191 

juvenile  delinquents,  laws  for,  article  6,  new  section 

24  (Int.  No.  538),  by  Mr.  Ahearn 188 

libel,  article  1,  section  8  (Int.  No.  599),  by  Mr.  Dahn     197 

240 
military   tribunals,   jurisdiction,   article   1,   section   4 

(Int.  No.  423),  by  Mr.   Curran 152,     627 

offenses,    answer   for,    method,    regulating,    article    1, 

section  6,  (Int.  No.  239),  by  Mr.  Austin 93 

procedure,  commission  to  revise,  article  3,  new  section 

(Int.  No.  425),  by  Mr.  Sargent 157 


INDEX  817 

Criminal  cases  —  Continued :  PAGE 

sentences,  Appellate  Division  may  modify,  article  6, 

section  2  (Int.  No.  336),  by  Mr.  Steinbrink 127 

verdict,  to  fix  penalty;  waive  jury  trial,  article  1,  sec- 
tions 6,  7  (Int.  No.  720),  by  Bill  of  Rights  Com- 
mittee  514,  600,  641,  654,  657,  658,     659 

witness  against  self,  article  1,  section  6  (Int.  No.  76), 

by  Mr.   Quigg 45 

witnesses  against  self  not  compulsory,  article  1,  sec- 
tion 6  (Int.  No.  5),  by  Mr.  Parsons 28 

Cumming,  Mary  E.,  leave  of  absence 278 

Cunningham,  W.  D.,  elected  secretary 8 

Cunningham,  W.  D.,  oath  of  office  administered  to,  by  Mr. 

President 8 

D 
Death,  actions  to  recover  damages  for,  limitation,  article  1, 

section  18  (Int.  No.  18),  by  Mr.  Aiken 29 

Death,  judgment  of,  appeals,  article  6,  section  9  (Int.  No. 

446),  by  Mr.  Bayes 164 

Death  penalty,  abolishing,  article  1,  section  5  (Int.  No.  24), 

by  Mr.  Betts 30 

Debates,  limitation,  special  rules,  etc.  (see  Resolutions). 
Debt  limit,  cities,  water  excluded,  article  8,  section  10  (Int. 

No.  665),  by  Mr.  Sanders 213,     431 

Debts,  cities,  counties,  villages,  article  8,  section  10,  and  new 

section  12  (Int.  No.  713),  by  Cities  Committee 431 

432,  504,  542,  546,  556,  601,  603,  620,  621,  630,     631 
Debts,  city,  county,  sinking  fund,  article  8,  section  10  (Int. 

No.  411),  by  Mr.  Wiggins 150,     431 

Debts,  for  public  improvement,  instalments,  article  7,  sec- 
tion 4  (Int.  No.  477),  by  Mr.  Lincoln 168 

Debts,  funded,  maturing,  article  8,  new  section  (Int.  No. 

470),  by  Mr.  R.  B.  Smith 167,     230 

Debts,  funded,  municipal,  regulating,  article  12,  section  1 

(Int.  No.  272),  by  Mr.  Vanderlyn 105,  115,     247 

Debts,  state,  by  contract,  accrual,  article  7,  section  6  (Int. 

No.  339),  by  Mr.  A.  E.  Smith 127 

Debts,  state,  contracting,  regulating,  article  7,  sections  2, 

4,  5,  11   (Int.  No.  692),  by  Finance  Committee.  .250,     287 
Debts,  state,  laws  creating,  article  7,  section  4  (Int.  No. 

577),  by  Mr.  Cullinan 194 


818  IKDEX 


PAGE 


Debts,  state,  pay,  animal  instalments,  article  7,  section  11 

(Int.  Xo.  520),  by  Mr.  Lincoln 182 

Debts,  state,  pay,  anticipate  taxes,  article  7,  section  2  (Int. 

No.  362),  by  Mr.  Austin    137 

Debts,  state,  serial  bonds,  etc.,  article  7,  section  4  (Int.  No. 

509),  by  Mr.  Austin 180,     245 

Debts,  state,  serial  bonds,  article  7,  sections  2,  4,  5,  11,  12 

(Int.  Xo.  705),  by  Finance  Committee.  .  .315,  330,  342,     376 

382,  423,  424,  510,  518 
Debts,  state,  serial  bonds,  article  7,  new  section  4  (Int.  Xo. 

649),  by  Mr.  E.  X.  Smith 210 

Debts,  state,  serial  bonds,  article  7,  sections  4,  11,  12  (Int. 

Xo.  469),  by  Mr.  R.  B.  Smith 167 

Debts,  state  sinking  funds  for,  article  7,  section  4   (Int. 

Xo.  100),  by  Mr.  Wagner 54 

Debts,   state,   sinking  fund,    surplus,    article   7,   section   5 

(Int.  Xo.  029),  by  Mr.  Parsons 207 

Decker,  Mr.  George  P.,  communication  from 56 

Delegates,  certified  list  of 3,  4,  5,  6 

Delinquents,   courts  for,   article   6,   new   section   24    (Int. 

Xo.  564),  by  Mr.  Clearwater 192 

Delinquents,   courts   for,    article    6,    section    18    (Int.    Xo. 

542),  by  Mr.  Stimson    189 

Denning,    Macey   F.,    Communication   from 85 

Dennison,  Charles  M.,  communication  from 256 

Department  for  drafting  proposed  Constitutional  amend- 
ments, rule  providing  for 40 

Deyo,  appointed  on  Committee  to  Wait  Upon  the  Gov- 
ernor   14,  16 

Directors,  cumulative  voting  for,  article  8,  section  3  (Int. 

Xo.  648),  by  Mr.  E.  1ST.  Smith 210,     345 

Directors,  stock  corporations,  cumulative  voting,  article  8, 

section  3  (Int.  Xo.  122),  by  Mr.  Marshall.  ...  58,  344,  356 
District  attorney,  appointed  by  sheriff,  article  10,  sections 

1,  2  (Int.  Xo.  178),  by  Mr.   L.   M.   Martin 75,     525 

District   attorneys,   certain   comities,   article   10,   section   1 

(Int.  Xo.  227),  by  Mr.  Xewbnrger 92 

District   attorney,   information,   criminal   cases,    article    1, 

section  6  (Int.  Xo.  461),  by  Mr.  F.  Martin 166,     204 


IXDEX  819 


District   attorneys,   terms,   removal,   Xew  York  city,   etc., 

article   10,   section    1    (Int.    Xo.    435),   by   Mr.    R.   B. 

Smith . , .  .159,  203,     468 

Document  room,  no  person  admitted  except  superintendent 

and  assistants 98 

Domestic  relations,  court,  etc.,  article  6,  new  section  15a 

(Int.  Xo.  443),  by  Mr.  Adams 163 

Domestic  Relations,  courts  of,  article  6  (Int.  Xo.  718),  by 

Judiciary  Committee 480,  523,  526,  532,  534,     536 

537,  539,  551,  590-594,  614,  618,  619 
Dower,  inchoate,  abolish,  etc.,  article  1,  section  12    (Int. 

No.  296),  by  Mr.  Brenner    116 

Draining,  swamps,  agricultural  lands,  etc.,  article  3,  section 

18  (Int.  Xo.  54),  by  Mr.  R.  B.  Smith 39 

Draining,  swamps,  agricultural  lands,  property  for,  article 

1,  section  7,  and  new  section  (Int.  Xo.  55),  by  Mr.  R.  B. 

Smith .  .  .40,  146,     147 

Drainage,  swamps,  local  bills,  article  3,  section  18  (Int.  Xo. 

624),  by  Mr.  Wickersham.  .206,  217,  284,  287,  290,  314,  335 
Dulin,  Mrs.  Frances,  excused  on  account  of  death  in  family     287 

Dunkirk   common   council,   resolutions  from 445 

Dykman,  appointed  on  Committee  to  Wait  Upon  the  Gov- 
ernor          14 

E 

Education : 

cities,    education   boards,    appointing,    article    9,   new 

section  (Int.  Xo.  471),  by  Mr.  R.  B.  Smith 168 

cities,  education  boards,  state  system,  article  9,  section 

1  (Int.  Xo.  403),  by  Mr.  Latson 149 

cities,   education  boards,   powers,   etc.,   article  9,   new 

section  (Int.  Xo.  704),  by  Education  Committee.  .      328 

330,     357 
commissioner  of,  conservation  advisory  board,  article 

5,  new  section  (Int.  Xo.  569),  by  Mr.  Angell.  .193,     361 
common  school,  literature,  II.  S.  deposit  funds,  article 

9,  section  3  (Int.  Xo.  40),  by  Mr.  Austin 37 

common   school   system,    free,    legislature   to   privide, 

article  9,  section  1    (Int.   Xo.   103),  by  Mr.   Van- 

dcrlyn 54 


820  INDEX 

Education  —  Continued :  PAGB 

denominational  schools,  state  aid,  article  9,  section  4, 

repeal  (Int.  No.  537),  by  Mr.  A.  E.  Smith 188 

department  of,  counsel,  article  5,  section  1  (Int.  No. 

179),  by  Mr.  L.  M.  Martin 75 

education  of  children,  state  function,  article  9,  section 

1  (Int.  No.  67),  by  Mr.  Linde 44,     303 

education  of  children,  state  function,  article  9,  section 

1   (Int.  No.  513),  by  Mr.  Schurman 181,     303 

education  of  children,  state  function,  article  9,  section 

1  (Int.  No.  698),  by  Education  Committee.  .303,     338 

357,  381,  453,  480,  507,  515,  524,  535,  585 
publications  by  legislature,  distribution,  article  3,  new 

section  (Int.  No.  525),  by  Mr.  Coles 186 

schools  bonds,  maturity,  article  8,  new  section   (Int. 

No.  646),  by  Mr.  Van  Ness 210 

schools,  English  text-books  only,  article  9,  section  4, 

(Int.  No.  666),  by  Mr.  Nixon 213 

State  College  and  University,  free,  article  9,  section 

2  (Int.  No.  102),  by  Mr.  Unger 54 

State  University,  forest,  regulating,  article  7,  section 

7  (Int.  No.  219),  by  Mr.  Bunce 86,  232,     360 

taxes,  school  districts,  state  property,  exempt,  article 

8,  new  section  (Int.  No.  496),  by  Mr.  T.  F.  Smith.      178 
tax  exemptions,  school  property,  prohibited,  article  3, 

new  section  (Int.  No.  92),  by  Mr.  Nixon 47 

university,   state,   change  name,    article   9,   section  2 

(Int.  No.  506),  by  Mr.  F.  L.  Young 180 

vaccination,    compulsory,    prohibiting,    article   9,   new 

section  (Int.  No.  490),  by  Mr.  Bayes 177 

voters,  able  to  read  and  write  English,  article  2,  sec- 
tion 1  (Int.  No.  171),  by  Mr.  Bell 74 

Efficiency,  consolidating  departments,  etc.,  article  5,  new 

section  10  (Int.  No.  186),  by  Mr.  Lincoln 76,     456 

Eighth  senatorial  district,  memorial  from 426 

Eighteenth  senatorial  district,  memorial  from 444 

Elections : 

absent  electors,  registration,  vote,  article  2,  new  sec- 
tion (Int.  No.  285),  by  Mr.  Mann 110,  294,       336 

340 
absent    electors,    registration,    article    2,    new   section 

(Int.  No.  91),  by  Mr.  Nixon 47,  294,  336,     340 


INDEX  821 

Elections  ■ —  Continued :  rAGE 

absent  electors,  summer  resorts,  regulating,  article  2, 
sections  1,  4,  6 ;  article  12,  section  1  (Int.  No.  678), 
by  Mr.  Dunmore 231,  282,     525 

absent  railroad  employees,  voting,  article  2,  new  sec- 
tion (Int.  No.  247),  by  Mr.  A.  E.  Smith.  .96,  294,     336 

340 

ballots,  paper  only,  straight  voting,  article  2,  section 
5  (Int.  No.  212),  by  Mr.  R.  B.  Smith 84,     273 

bi-partisan  elections  boards,  regulating,  article  2,  sec- 
tion 6  (Int.  No.  38),  by  Mr.  R.  B.  Smith 37 

compulsory  voting,  article  2,  section  1  (Int.  No.  225), 

by  Mr.  Sargent 91 

constitutional  amendments,  initiate  by  petition,  article 

14,  new  section  2  (Int.  No.  539),  by  Mr.  Foley.  . .      188 

constitutional  amendments,  not  submitted  regular  elec- 
tion, article  14,  section  1  (Int.  No.  213),  by  Mr. 
Ahearn 84 

constitutional  amendments,  ratification,  article  14, 
sections  1,  2  (Int.  No.  257),  by  Mr.  Cobb 97 

constitutional  amendments,  submitted  by  legislature, 
article  14,  sections  1,  2  (Int.  No.  234),  by  Mr.  Low       93 

constitutional  amendments,  vote;  woman  suffrage 
(Int.  No.   144) 66 

constitutional  convention,  delegates,  article  14,  sec- 
tion 2  (Int.  No.  395),  by  Mr.  Curran 144 

constitutional  convention,  referendum,  vote,  article  14, 
section  2;  repeal  sections  1,  2,  3  (Int.  No.  412), 
by  Mr.   Barnes 151 

corrupt  practice  clause,  official  oath,  abolish,  article 
13,  section  1  (Int.  No.  88),  by  Mr.  Leggett.  .46,     284 

337 

county  officers,  election,  in  cities,  article  12,  sections 
2,  3  (Int.  No.  689),  by  Mr  Fobes 238,     417 

county  officers,  regulating,  article  10,  section  1  (Int. 
No.  594),  by  Mr.  Parmenter 196 

county  officers,  regulating,  article  10,  section  1,  (Int. 
No.  606),  by  Mr.   Sears 198 

cumulative  voting  for  assemblymen,  article  3,  new 
section  (Int.  No.  586),  by  Mr.  Green 195 

domicile,  6  months,  registration,  etc.,  article  2,  sec- 
tions 1,  4,  6  (Int.  No.  286),  by  Mr.  Parsons.  .110,     115 


822  INDEX 

Elections  —  Continued :  PAGE 

election  boards,   officers,   appointment,   etc.,   article   2, 

section  6  (Int.  No.  22ti),  by  Mr.  Xewberger 91 

election  frauds,  laws,  regulating,  article  2,  section  2 

(Int.  No.  (yo2),  by  Mr.  Cobb 211 

election   laws,   enacted   by   two-thirds   vote,   article   2, 

section  4  (Int.  No.  165),  by  Mr.  Lincoln 69 

election   officers,   competitive   examinations,    article   2, 

section  6  (Int.  No.  236),  by  Mr.  Bernstein 93 

Indians,  certain,  not  to  vote,  article  1,  section  15  (Int. 

Xo.  439),  by  Mr.  Lindsay 160,     249 

initiative   and   referendum,   article  3,   new  section   1 

(Int.  No.  486),  by  Mr.  Dahm 177 

initiative,  referendum,  article  3,  new  section  30  (Int. 

No.  556),  by  Mr.  Eisner 191 

initiative,  referendum,  providing  for,  article  3,  section 

1   (Int.  No.  660),  by  Mr.  Dahm 212 

judges,  Court  of  Appeals,  article  6,  sections  2,  4,  7,  8 

(Int.  No.  26),  by  Mr.  Sheehan 30 

judges,   Governor   to  nominate  candidates,   article   6, 

section  10  (Int.  No.  607),  by  Mr.  Sears 198 

judges,   Governor  to  nominate  candidates,   article   6, 

new  section  (Int.  No.  541),  by  Mr.  Stimson.  .189,  215 
judges,  nominating,   Court  of  Appeals  and  Supreme 

Court,  article  6,  new  section  (Int.  No.  20),  by  Mr. 

Aiken    29 

judges,   odd  number  years,   article   6,    sections  4,   8; 

article  10,  section  5  (Int.  No.  664),  by  Mr.  Sears.  213 
judges,  re-electing,  article  6,  section  10  (Int.  No.  309), 

by  Mr.  Brenner 119 

judges,  running  for  other  office,  article  6,  section  10 

(Int.  No.  8),  by  Mr.  Unger 28 

judges,    separate   elections  for,    article   2,    section   5 ; 

article  6,  new  section;  article  6,  sections  4,  8,  14, 

17,  18;  article  10,  section  2;  article  12,  section  3 

(Int.  No.  398),  by  Mr.  Curran 145 

judges,  separate  elections  for,  article  6,  new  section 

(Int.  No.  499),  by  Mr.  Parsons 179 

laws,    uniform    application,    bipartisan    boards,    etc., 

article   2,   sections  4,    6    (Int.    No.    497),   by  Mr. 

T.  F.  Smith 178 


INDEX  823 

Elections  —  Continued :  rAGE 

legislative  acts,  constitutionality,  vote  on,  new  article 

(Int.  No.  558),  by  Mr.  Eisner 191,     215 

legislative  body,  1st  class  cities,  article  3,  new  section 
4  (Int.  No.  495),  by  Mr.  Foley 178 

local,  propositions  to  spend  money,  article  8,  section  10, 

(Int.  No.  35),  by  Mr.  Mereness 37 

municipal   officers,    nominations,    article   2,    section    7 

(Int.  No.  361),  by  Mr.  Low 136 

New  York  city,  Assemblymen,  district,  article  3,  new 
section  (Int.  No.  587),  by  Mr.  Green 195 

New  York  city,  four  months'  residence  in  city,  article 
2,  section  1  (Int.  No.  372),  by  Mr.  Danm." 141 

New  York  city,  Senate,  Assembly  districts,  maximum, 
article  3,  section  4  (Int.  No.  680),  by  Legislative 
Organization  Committee   235,  255,     276 

New  York  city,  Senators,  maximum  number,  article  3, 
section  4  (Int.  No.  673),  by  Mr.  M.  J.  O'Brien.  .     231 

258,  262,  265,     267 

nominations,  elections,  regulating,  article  3,  new  sec- 
tion (Int.  No.  315),  by  Mr.  Barnes.  .120,  126,  135,     278 

301,  310,     383 

nominations,  laws  not  to  favor  parties,  article  3,  new 
section  (Int.  No.  699),  by  Legislative  Powers  Com- 
mittee   . 309,     378 

nominations,  state  convention;  registration,  article  2, 

section  (Int.  No.  4),  by  Mr.  J.  G.  Saxe..27,  72,  162,     243 

272, 294,     303 

officers,  county,  town,  village,  etc.,  article  10,  section 
2  (Int.  No.  319),  by  Mr.  L.  M.  Martin 121,     525 

paper  ballot  only,  article  2,  section  5  (Int.  No.  113), 
by  Mr.  R.  B."  Smith 55 

party   conventions,   nominations,   article   2,   section   4 

(Int.  No.  105),  by  Mr.  Tierney 54,     295 

proportional  representation,  preferential  voting,  article 

2,  new  section  (Int.  No.  135),  by  Mr.  Low 64 

public  employees,  vote  for  local  officials,  article  2,  sec- 
tion 1  (Int.  No.  654),  by  Mr.  Green 211 

Public  Service  Commissioners,  Superintendent  of 
Banks,  Insurance,  etc.,  article  5,  section  1  (Int.  No. 
332),  by  Mr.  O'Connor 123 


824  INDEX 

Elections  —  Continued :  •      PAGE 

reapportionment,  regulating,  article  3,  sections  2-5,  8 ; 

repeal  section  7;  article  10,  section  6  (Int.  No.  722), 

by  Legislative  Organization  Committee.  .556,  629,     638 

645,  647,  652,  653 
recall,  elective  officials,  article  13,  new  section  7  (Int. 

No.  557),  by  Mr.  Eisner 191 

registration,  absent  electors,  article  2,  new  section  (Int. 

No.  127),  by  Mr.  Wiggins 59,  294,  336,     340 

registration,  absent  electors,  providing  for,  article  2, 

section  4  (Int.  No.  711),  by  Suffrage  Committee.  .  409 
444,  455,  466,  505,  506,  575,  577,  599,  605,  606 
registration,  etc.,  absent  voters,  article  2,  new  section 

(Int.  No.  42),  by  Mr.  Steinbrink.38,  293,  294,  336,  340 
registration,  personal,  eliminate  rural  districts,  article 

2,  section  4  (Int.  No.  651),  by  Mr.  Cobb 211 

registration,  voting,  qualification,  uniform,   article  2, 

section  4  (Int.  No.  456),  by  Mr.  T.  F.  Smith 165 

short  ballot  bill,  etc.,  article  5,  sections  1,  2,  5  repeal 

sections  3,  4  (Int.  No.  172),  by  Mr.  Bernstein..  74 
short  ballot  bill,  etc.,  article  5,  section  1  (Int.  No.  125), 

by  Mr.  C.  Nicoll 58,     456 

short  ballot  bill,  state  officers,  article  5,  section  2  (Int. 

No.  415),  by  Mr.  Wadsworth 151 

short  ballot  bill,    state   officers,    article   5,    section    1 

(Int.  No.  418),  by  Mr.  Wadsworth 151,     456 

short  ballot,  state  officers,  article  5,  section  1  (Int.  No. 

635),  by  Mr.  Donnelly 208,     456 

short  ballot,  state  officers,  articles  4,  5,  8,  10,  11  (Int. 

No.  472),  by  Mr.  Deyo 168,  227,     456 

short 'ballot,  state  officers,  article  5,  sections  1-4  (Int. 

No.  555),  by  Mr.  Eisner 191,     223 

short  ballot,  state  officers,  article  5,  sections  1-4;  6-7 

repeal;  new  article  5  (Int.  No.  716),  by  Governor 

and  Other  State  Officers  Committee.  .456,  548,  562,  563 
571,  572,  573,  587,  615,  623,  629,  633 
short  ballot,  state  officers,  article  5,  section  1  (Int.  No. 

222),  by  Mr.  Pelletreau 91,     456 

state  officers,  certain,  appointing,  article  4  new ;  article 

5  new  (Int.  No.  498),  by  Mr.  J.  G.  Saxe 179,     199 

218,  384,     456 


INDEX  825 

Elections  —  Continued :  PAGE 

state  officers,  certain,  appointing,  article  4  new ;  article 

5  new  (Int.  No.  540),  by  Mr.  J.  G.  Saxe 189,     204 

227,  384,  456 
state  officers,  election  or  appointment,  article  5,  section 

1-3,  new  section  10  (Int.  No.  246),  by  Mr.  Berri .  96,  107 
supervision  of,   by  department  of  records,   article  5, 

section  2  (Int.  No.  86),  by  Mr.  E.  N.  Smith.  .46,     223 

227 
supervisors,  number,  election,  etc.,  article  3,  section  26 

(Int.  No.  523),  by  Mr.  Coles 186,     525 

vacancies,  court  of  appeals,  article  6,  section  8  (Int. 

No.  502),  by  Mr.  Shipman 179 

vote    cast    on    Constitutional    Amendments,    for    and 

against,  Secretary  of  State  to  furnish 65,  6Qy     111 

voters,  must  be  citizens  5  years,  article  2,  section  1 

(Int.  No.  287),  by  Mr.  Meigs 110 

voters,  must  read  and  write  English,  article  2,  section  1 

(Int.  No.  171),  by  Mr.  Bell 74 

voters,  must  read  or  write  English,  article  2,  new  sec- 
tion (Int.  686),  by  Mr.  C.  H.  Young.. 237,  254,     311 

380,  542,  545,  553,  554 
voters,  qualifications,  article  2,  sections  1,  2  (Int.  No. 

596),  by  Mr.  Leggett ,     197 

voters,  residence,  article  2,  section  1  (Int.  No.  383), 

by  Mr.  Cobb   143 

voters,  30  days'  residence  in  county,  article  2,  section 

1  (Int.  No.  51),  by  Mr.  Wiggins 39,     526 

voting,  compulsory,  article  2,  new  section   (Int.  No. 

271),  by  Mr.  Donovan  . 105 

woman  suffrage,  article  14,  sections  1,  2,  3,  and  new 

section  (Int.  No.  551),  by  Mr.  Eisner 190 

woman  suffrage,  article  2,  section  1  (Int.  No.  663),  by 

Mr.  Franchot 212 

womans  suffrage,  article  14,  sections  1,  2,  3,  and  new 

section    (Int.    No.    715),   by   Future  Amendments 

Committee 451,  558,  560,  574,  608,  609,     610 

624,  632 
woman  suffrage  amendment,  submitted  by  legislature, 

article  14,  section  3    (Int.  No.  703),  by  Suffrage 

Committee 311,     335 


826  INDEX 

Elections  —  Continued :  PAGE 

woman  suffrage,  granting,  article  2,  section  1  (Int.  No. 

353),  by  Mr.  Franchot 130 

woman  suffrage,  women's  sentiment  upon,   article  2, 

new  section  (Int.  No.  382),  by  Mr.  Dunmore 143 

woman  suffrage,  women  to  vote  on  question,  article  2, 
new  section  7  (Int.  No.  140),  by  Mr.  Dunmore.  ...        65 
Elevator,  Capitol,  to  run  until  10  o'clock,  each  evening.  ...      11 6 
Elevator  men   and   other  employees   of  Capitol   building, 

thanks  of  convention,  tendered  to 759 

Empire  State  Campaign  Committee,  communication  from.      139 
Engineer   and   surveyor,   appointing,   article   5,   section   2, 

(Int.  No.  415),  by  Mr.  Wadsworth 151 

Engineer  and  surveyor,  appointing,  article  5,  section  1  (Int. 

No.  418),  by  Mr.  Wadsworth 151,     450 

Engineer  and  surveyor,  4  year  term,  article  5,  section  1 

(Int.  No.  109),  by  Mr.  Bockes 55 

Engineer  and  surveyor,  4  year  term,  article  5?  section  1 

(Int.  No.  134),  by  Mr.  Dooling.  .  . 64,     161 

Engineer  and  surveyor,  term,  repeal,  section  2,  article  5 

(Int.  No.  110),  by  Mr.  Bockes 55,     456 

Engineer,  appointed  by  Governor,  article  5,  section  1  (Int. 

No.  635),  by  Mr.  Donnelly 208,     456 

Engineer,  appointed  by  Governor,  article  5,  section  1  (Int. 

No.  179),  by  Mr.  L.  M.  Martin 75,     456 

Engineer,  Governor  to  appoint,  article  5,  sections  1-4  (Int. 

No.  555),  by  Mr.  Eisner 191,     223 

Engineer,  State,  appointed  by  Governor,  articles  4,  5,  8, 

10,  11  (Int.  No.  472),  by  Mr.  Deyo 168,  227,     456 

Engineer,  State,  appointed  by  Governor,  article  5,  section 

1  (Int.  No.  222),  by  Mr.'  Pelletreau 91,     45G 

Engineer,  State,  canal  employees,  article  5,  section  3  (Int. 

No.  '364),  by  Mr.   Austin    137,     232 

Engineer,  State,  duties,  Superintendent  Public  Works,  art- 
icle 5,  section  3  (Int.  No.  434),  by  Mr.  R.  B.  Smith 159 

Engineer,    State,   election,   appointment,   article  5,   section 

1-3,  and  new  section  10  (Int.  No.  246),  by  Mr.  Berri.96,     107 

Engineer,  State,  member  Governor's  council,  article  4,  sec- 
tion 4   (Int.  No.  221),  by  Mr.  Pelletreau 91,   156,     383 

Engineer,  State,  seat  in  Legislature,  article  5,  new  section 

2  (Int.  No.  223),  by  Mr.  Pelletreau 91,     125 


IXDEX  827 

PAGE 

Engineer,  State,  to  furnish  statement,  where  surplus  waters 

of  canals  are  used 124,  240,     266 

Engineers,  Committee  of,  petition  from 57 fi 

Engineers  Society  of,  Eastern  Xew  York,  communication 

from   . 114 

Engineering,  department  of,  article  5,  new  section  5  (Int. 

No.  645),  by  Mr.  Landreth : 210,     232 

Engineering,    State    Department    of,    article    5,    section    3 

(Int.   No.   404),   by  Mr.   Latson 149,     456 

Equality  before  law,  article  1,  section  6  (Int.  Xo.  16),  by 

Mr.  Brackett 29 

Erie  county,  residents,  memorial  from    408 

Excise  Department,  constitutional  office,  article  5,  new  sec- 
tion (Int.  No.  610),  by  Mr.  Whipple 199 

Executive  branch,   state  government,   reorganizing,   article 

5,   sections  1-4;    6-7   repeal;   new  article   5    (Int.   Xo. 

716),  by  Governor  and  Other  State  Officers  Committee  456 
548,  562,  563,  571,  572,  573,  587,  615,  623,  629,  633 
Executive  branch,   state  government,   reorganizing,   article 

4  new;  article  5  new  (Int.  Xo.  498),  by  Mr.  J.  G.  Saxe     179 

199,  218,  384,  456 
Executive  branch,   state  government,   reorganizing,   article 

4  new;  article  5  new  (Int.  Xo.  540),  by  Mr.  J.  G.  Saxe     189 

204,  227,  384,  456 
Executive  branch,   state  government,   reorganizing,   article 

5,  section  1  (Int.  Xo.  694),  by  Mr.  J.  G.  Saxe 272,     456 

Extradition,  habeas  corpus,  article  1  section  4   (Int.  Xo. 

177),  by  Mr.  Dunmore 75 

E 

Federation  of  Labor,  memorial  from 214,    246,     269 

Fifth  Senatorial  District,  residents,  memorial  from 408 

Fights,  boxing  exhibits,  forbidden,  article  1,  section  9  (Int. 

Xo.  139),  by  Mr.  Quigg 65 

Finance,  State  Department  of,  establish  (Int.  Xo.  86),  by 

Mr.  E.  X.  Smith 46 

Finley,  John  H.,  Commissioner  of  Education,  thanks  ten- 
dered to,  courtesy  and  kindness  to  delegates 758 

Firemen,  volunteer,  civil  service  preference,  article  4,  sec- 
tion 9  (Int.  Xo.  77),  by  Mr.  S.  K.  Phillips 45,     580 


828  INDEX 


PAGE 


Firemen,  volunteer,  civil  service  preference,  article  5,  sec- 
tion 9  (Int.  No.  351),  by  Mr.  Wood 129,     580 

Fiscal  year,  state,  fixing,  article  3,  section  21  (Int.  No. 
158),   by  Mr.   E.   N.   Smith 68,     383 

Forest,  control,  conservation  commissioner,  article  5,  sec- 
tions 10,  11,  new  (Int.  No.  220),  by  Mr.  Bunce 86 

Forest,  control,  conservation  board,  article  7,  new  section 
7  (Int.  No.  433),  by  Mr.  Meigs 158,     361 

Forest  preserve,  camp  sites,  roads,  forest  at  ion,  article  7,  sec- 
tion 7  (Int.  No.  37),  by  Mr.  R.  B.  Smith 37,     360 

Forest  preserve,  camp  sites,  timber,  etc.,  article  7,  section 
7  (Int.  No.  10),  by  Mr.  C.  H.  Young 28,  134,     360 

Forest  preserve  lands,  timber,  sale  of,  article  7,  section  7 

(Int.  No.  128),  by  Mr.  Austin 59,  89,     360 

Forest  preserve,  trespass,  penalties,  article  7,  new  section  7-a 
(Int.  No.  631),  by  Mr.  Leary   207,     361 

Forests  and  Water  Commission,  3  members,  establishing, 
article  7,  section  7  (Int.  No.  480),  by  Mr.  Dow 169,     361 

Forests,  commissioner;  camp  sites,  timber,  etc.,  article  7, 
section  7  (Int.  No.  25),  by  Mr.  Whipple.  .30,  134,  140,     360 

Forests,  condemnation  of,  etc.,  article  7,  new  section  (Int. 

No.   542),  by  Mr.  Parsons   189 

Forests,  land  division,  conservation  department,  article  7, 
new  section  7  (Int.  No.  438),  by  Mr.  Green 159,     361 

Forests,  leasing,  water  supply,  etc.,  article  7,  section  7  (Int. 
No.  219),  by  Mr.  Bunce 86,  232,     360 

Forests,  regulating,  article  7,  section  7  (Int.  No.  570),  by 
Mr.  Angell 193,     361 

Forests,  3  commissioners  of,  timber,  camp  sites,  article  7, 
section  7  (Int.  No.  154),  by  Mr.  Dunlap.  .68,  134,  140,     360 

Forests,  timber,  sale,  etc.,  article  7,  section  7  (Int.  No.  84), 
by  Mr.  E.  N.  Smith 46,     360 

Forests,  use  of,  dead  timber,  etc.,  article  7,  sections  7,  7-a 
Int.  No.  71),  by  Mr.  C.  IL  Young 44,  134,  140,     360 

Fort  Grange  Court,  Guardians  of  Liberty,  resolutions  from     256 

Fourteenth   Senatorial  District,   residents,  memorial  from     505 

Fortieth  Senatorial  District,  residents,  memorial  from ....      430 

Forty-fifth  and  Forty-sixth  Senatorial  Districts,  memorial 
from 430 

Forty-first  Senatorial  District,  residents,  memorial  from.  .      444 

Forty-seventh  Senatorial  District,  residents,  memorial  from     430 


INDEX  829 


PAGE 


Foster,  H.  F.,  communication  from 256 

Franchises,  cities,  condemnation,  article  1,  new  section  20 
(Int.  No.  674),  by  Mr.  M.  Saxe 231 

Franchises,  grant  in  perpetuity,  prohibit,  article  3,  new  sec- 
tion —  (Int.  No.  28),  by  Mr.  Low 36,  184,     218 

Franchises,  indeterminate,  prohibiting,  article  3,  new  sec- 
tion 30  (Int.  No.  548),  by  Mr.  Low 190 

Franchises,   private,   local  bills  for,   article  3,   section   18 

(Int.  No.  624),  by  Mr.  Wickersham. . .  .206,  217,  284,     287 

290,  314,     335 

Fraud,  enactments,  etc.,  obtained  by,  void,  article  13  new 
sections  5,  6,  7  (Int.  No.  63),  by  Mr.  Buxbaum 43 

Fredonia  residents  memorial  from   214 

Free  speech,  article  1,  section  8  (Int.  No.  599),  by  Mr. 
Dahm 197,     240 

G 

Gambling,   constitutionality,  prohibited,   article  1,   section 

9   (Int.  No.  643),  by  Mr.  Brackett 209 

Gambling,  prohibited,  article  1,  section  9  (Int.  No.  644), 

by  Mr.  Brackett 210 

Genesee  Yearly  Meeting  of  Friends,  memorial  from 290 

Glens  Falls,  Chamber  of  Commerce,  resolutions  from. . .  .      301 
Glens  Falls,  Society  of  Friends,  memorial  from 226 

Governor : 

Adjutant-General,  chief  of  staff,  appointment,  article 
11,  section  4  (Int.  No.  531),  by  Mr.  Latson.  .  .187,     329 

443,  451,     516 

Appellate  Division  Justices,  designating,  article  6,  sec- 
tion 2  (Int.  No.  336),  by  Mr.  Steinbrink 127 

appointments,  Civil  Service,  exemption,  article  5,  sec- 
tion 9   (Int.  No.   138),  by  Mr.   Quigg 64     580 

appointments,  Senate's  consent  eliminated,  article  4, 
new  section  (Int.  No.  293),  by  Mr.  Leggett.  .111,     456 

appropriation  bills,  budget,  submit  to  legislature, 
article  3,  sections  21,  22;  article  4,  section  4  (Int. 
No.  458),  by  Mr.  J.  G.  Saxe 166,  204,     384 

appropriation  bills,  veto,  article  4,  section  9  (Int.  No. 
157),  by  Mr.  E.  N.  Smith 68 

appropriation  bills,  veto,  reduce  items,  article  4,  sec- 
tion 9  (Int.  No.  343),  by  Mr.  Tanner 128 


830  INDEX 

Governor  —  Continued :  PAGE 

appropriation,  recommending,  transmit  to  legislature, 
article  5,  new  section  (Ind.  No.  341),  by  Mr.  A*  E. 
Smith 128,  224,     383 

attend  legislature,  introduce  bills,  article  4,  section  10 

(Int.  No.  19),  by  Mr.  Aiken 29,  42,     383 

Auditor-General,  elected  by  legislature,  article  5,  new 

section  (Int.  No.  675),  by  Mr.  Franchot 231 

bills,  legislative,  time  of  signing,  article  4,  section  9 

(Int.  No.  304)   by  Mr.  Betts !      118 

bills,  legislative,  time  of  signing,  article  4,  section  9' 

(Int.  No.  360),  by  Mr.   Tanner 136,     291 

bills  message  for  introduction,   article   3,   section   13 

(Int.  No.  192),  by  Mr.  Bayes 81 

budget,  transmit  to  legislature,   article  3,  section  21 

(Int.  No.  709)  by  Finance  Committee.  .384,  445,     446 

454,  455,  501,     510 

budget,  transmit  to  legislature,  article  3,  new  section 

(Int.    No.    432),   by  Mr.    Meigs 158,     384 

charitable  institutions,  managers,  appointment,  article 
8,  sections  11,  12,  13,  15  (Int.  No.  327),  by  Mr. 
Wadsworth 122^  163,     409 

charitable  institutions  managers,  appointment,  article 
8,  sections  11,  12,  13,  15  (Int.  No.  647),  by  Mr. 
Waterman 2101,     224 

charities  and  corrections  departments,  appointments, 
article  8,  section  11,  12  (Int.  No.  593),  by  Mr.  Par- 
menter 196,  224,     239 

Charities,  State  Board,  appointing,  etc.,  article  8,  sec- 
tions 11,  13,  15 ;  article  8,  section  12  and  article  5, 
section  4,  repealed  (Int.  No.  366),  by  Mr.  Mande- 
ville 137 

civil  service,  appointments,  article  5,  section  9    (Int. 

No.   508),  by  Mr.   Qnigg 180,     580 

Civil  Service  Commission,  appointment,  new  section 

(Int.  No.  237),  by  Mr.  Donovan 93,     580 

Civil  Service  Commission,  bi-partisan,  appointment, 
article  4,  section  9  (Int.  No.  136),  by  Mr.  lin- 
ger .  . 64,  126,  277,     580 

Civil  Service  Commissioners,  appointment,  article  5, 
section  9  (Int.  No.  658),  by' Mr.  Rhees.  .212,  216,     580 


INDEX  831 

Governor  —  Continued :  PAGE 

Commander-in-chief,  military  forces,  article  4,  sec- 
tions 4,  (>,  and  new  section  (Int.  No.  397),  by 
Mr.    Curran    145 

Commerce  and   Navigation   Commissioner,   article   5, 

section  3  (Int.  No.  578),  by  Mr.  Cullman 194 

Committee  from  the  Convention,  informing  him  the 
Convention  is  now  organized  and  in  session 14 

communication  from,  rel.  to  increase  of  Governor's 
salary    639 

Conservation  Advisory  Board,  appointing,  article  5, 
new  section  (Int.  No.  569),  by  Mr.  Angell.  .  .193,     361 

Conservation    Commissioner,    appointing,    article    5, 

section  10  (Int.  No.  129),  by  Mr.  Austin 59,     134 

140,     360 

Conservation  Commissioner,  appointment,  article  5, 
new  section  (Int.  No.  571),  Mr.  Angell 193,     361 

Conservation  Commissioner,  appointment,  etc.,  article 

7,  section  7  (Int.  No.  375),  by  Mr.  Baldwin.  .  .141,     361 

Conservation  Commissioner,  appointment,  etc.,  article 

7,  new  section  7  (Int.  No.  438),  by  Mr.  Green 159 

361 

Conservation  Commissioner,  Water  Commissioner, 
appointment,  article  5,  sections  10,  11,  new  (Int.  No. 
220),  by  Mr.  Bmiee 86 

Conservation  Commissioners,  9,  appointing,  new  arti- 
cle; repeal  article  7,  section  7  (Int.  No.  708),  by 
Conservation  Committee.  .360,  376,  -124,  427,  429,     432 
442,  524,  535,  552,  588,  589,  613,  616     618 

constitutionality,   referendum,   new  article   (Int.    No. 

558),  by  Mr.  Eisner 191,     215 

county  officers,  removal,  article  10,  section  1  (Int. 
No.  717),  by  County,.  Town  and  Village  Officers 
Committee     468 

county  officers,  removal,  article  10,  section  1  (Int.  No. 
435),  by  Mr.  It.  B.  Smith 159,  203,     468 

Court  of  Appeals,  additional  justice,  designation,  arti- 
cle 6,  section  7  (Int.  No.  274),  by  Mr.  Fobes.  .105,     147 

Court  of  Appeals,  judges,  appointing,  article  6,  sections 
7,  8  (Int.  No.  198),  by  Mr.  C.  Nicoll .        82 

Court  of  Appeals,  opinions,  requiring,  new  section 
(Int.  No.  9),  by  Mr.  Donnelly 28 


832  INDEX 

Governor  —  Continued :  PAGE 

Court  of  Appeals,  vacancies,  filing,  article  6,  section  8 

(Int.  No.  502),  by  Mr.  Shipman 179 

Court  of  Claims,  judges,  appointment,  article  6,  new 

section  15-a  (Int.  No.  515),  by  Mr.  Mandeville. . .      181 
Court  of  Claims,  judges,  removal,  article  6,  section  11 

(Int.  No.  467),  by  Mr.  Cobb 167 

court  rules,  annul,  article  6,  new  section  2-a  (Int.  No. 

183),  by  Mr.  Kodenbeck 75 

eligibility,  10  years  residence  in  State,  article  4,  sec- 
tion 2  (Int.  No.  74),  by  Mr.  Wiggins 45,  63 

emergency  message,    abolishing,    article   3    (Int.    No. 
696),  by  Legislative  Powers  Committee.  .285,  343,     423 

543,  613,  616,  624,  629     635 
emergency  message  for  appropriation  bill,  prohibited, 
article  3,  sections  15,  20,  21,  24   (Int.  No.  338), 

by  Mr.  A.  E.  Smith 127,  232     233 

emergency  message  for  bills,  article  3,  section  15  (Int. 

No.   601),  by  Mr.  O'Connor 197,     216 

emergency  message  to  introduce  bills,  article  3,  new  sec- 
tion 11  (Int.  No.  69),  by  Mr.  Griffin 44 

emergency  message  to  pass  bills,  abolish,  article  3,  sec- 
tion 15  (Int.  No.  78),  by  Mr.  Austin.  .45,  125,  135,     222 

288,  302,  451,  515 
Excise  Commissioner,  appointment,  article  5,  new  sec- 
tion (Int.  No.  610),  by  Mr.  Whipple 199 

Executive  Branch,    State  Government,   reorganizing, 
article  4,  new;  article  5,  new  (Int.  No.  540),  by  Mr. 

J.  G.  Saxe 189,  204,  227 

384,  456 
Eexcutive  Branch,  State  Government,  reorganization, 
article  4,  new;  article  5,  new  (Int.  No.  498),  by  Mr. 

J.  G.  Saxe 179,  199,  218 

384,  456 
Executive  Branch,  State  Government,  reorganization, 
article  5,  section  1   (Int.  No.  694),  by  Mr.  J.  G. 

Saxe  . 272,  456 

extra  session,  recommendations,  Legislature,  article  4, 
section  4;  article  3,  new  section  (Int.  No.  291),  by 

Mr.  B,  B.  Smith 111.  279,  303,  358,  452,     50S 

511,  521,  535,'  584,     5S5 


INDEX  833 

Governor  —  Continued :  PAGE 

fish  and  game  commissioners,  appointing,  article  7,  new 
section  7-a  (Int.  No.  121),  by  Mr.  Baldwin 58 

forest  commissioner,  appointment,  10  years,  article  7, 

section  7,  7-a  (Int.  No.  71),  by  Mr.  C.  H.  Young. 44,     134 

140,     360 

forest  preserve,  regulating,  article  7,  section  7  (Int.  No. 

219),  by  Mr.  Bunce 86,  232,     360 

forests,  commissioners  of,  appointment,  article  7,  sec- 
tion 7  (Int.  No.  154),  by  Mr.  Dunlap 68,     134 

140,     360 

forests,  commissioner  of,  appointment,  article  7,  sec- 
tion 7  (Int.  No.  207),  by  Mr.  McKean..83,  135,     140 

360 

forests,    water   commission,    three   members,    appoint-  . 
ment,  article  7,  section  7   (Int.  No.  480),  by  Mr. 
Dow 169,     361 

governor's  council,  State  budget,  governor's  salary, 
article  4,  section  4  (Int.  No.  221),  by  Mr.  Pel- 
letreau ...  .91,  156,     383 

impeachment,  conviction,  powers,  article  4,  section  6 

(Int.  No.  516),  by  Mr.  Johnson 181 

impeachment  of,  court  of,  composition,  article  6,  sec- 
tion 13  (Int.  No.  137),  by  Mr.  Rosch 64 

impeachment  of,  powers  pending  conviction,  article  6, 

section  12  (Int.  No.  518),  by  Mr.  Johnson 182 

impeachment  of,  powers  pending  trial,  article  6,  sec- 
tion 13  (Int.  No.  241),  by  Mr.  E.  N.  Smith 94 

impeachment,  suspend  powers,  article  4,  section  6  (Int. 
No.  242),  by  Mr.  E.  N.  Smith 94 

industrial  board,  members,  appointment,  article  5,  new 
section  (Int.  No.  270),  by  Mr.  Parsons 105,     236 

industrial  council,  appointment,  article  5,  new  section 
(Int.  No.  545),  by  Mr.  Parsons 189 

initiative,  referendum,  veto  power,  article  3,  section  1 

(Int.  No.  660),  by  Mr.  Dahm 212 

invited  to  visit  and  address  the  delegates 72 

judges,   nominating   candidate,    article   6,    section    10 

(Int.  No.  607),  by  Mr.  Sears 198 

jurors,  State  commissioner  of,  appointment,  article  5, 
new  section   (Int.  No.   656),  by  Mr.  Green.. 211,     215 
27 


834  INDEX 

Governor  —  Continued :  PAGE 

legislative  counsel,  appointing,  article  3,  new  section 

(Int.  No.  547),  by  Mr.  Low 190,     216 

legislative  counsel,   appointing,   article  3,   section   15 

(Int.  No.  184),  by  Mr.  Eodenbeck 76,     125 

Legislature,  extra  sessions,  annual  budget,   article  4, 

section  4  (Int.  No.  156),  by  Mr.  E.  N.  Smith.  . .        68 
Legislature,  session  after  30  day  period,  article  4,  sec- 
tion 9  (Int.  No.  615),  by  Mr.  Buxbaum 205 

Legislature,  session  after  30  day  period,  article  4,  sec- 
tion 9  (Int.  No.  616),  by  Mr.  Buxbaum 205 

member  of  board  of  pardons,  article  4,  section  5  (Int. 

No.  235),  by  Mr.  Bernstein 93,     162 

not  to  designate  justices  of  appellate  division,  article  6, 

section  2  (Int.  No.  148),  by  Mr.  Bernstein 67 

official  referees,  designating  as  Supreme  Court  justice, 

article  6,  new  section  24  (Int.  No.  463),  by  Mr.  C. 

H.  Young 166,     245 

pardons,  approve,  article  8,  sections  11,  12;  article  4, 

repeal  section  5  (Int.  No.  269),  by  Mr.  Marshall.      104 

162,     344 
pardons,  State  board,  appointment,  article  8,  section 

11;  article  4  repeal  section  5   (Int.  No.  627),  by 

Mr.  Bell 207,  252,     259 

prison,  superintendent,  appointment,  abolish,  article  5 

repeal  section  4    (Int.   No.   436),   by   Mr.    E.   B. 

Smith 159,     456 

prisons,  commission  on,  appointment,   article  8,  new 

section  17  (Int.  No.  329),  by  Mr.  Wadsworth 122 

Public   Service   Commission,   appointment,   article   5, 

new  section  (Int.  No.  688),  by  Mr.  Landreth.  .238,     339 
Public  Service  Commissioners,  appointing,  new  article 

(Int.  No.   639),  by  Mr.   Hinman 209,  216,     339 

Public  Service  Commissioners,  appointment,  article  5, 

new  section  (Int.  No.  482),  by  Mr.  Coles 176,     339 

Public  Service  Commissioners,  appointment,  article  5, 

now  section  (Int.  No.  98),  by  Mr.  Foley 54,     162 

247,     339 
Public  Service  Commissioners,  appointment,  removal, 

article    5,    new    section    (Int.    No.    161),    by   Mr. 

Schurman 69,  162,     339 


INDEX  835 

Governor  —  Continued :  PAGE 

Public  Service  Commissioners,  removal,  recommend- 
ing, article  5,  new  section  (Int.  No.  706),  by  Public 

Utilities  Committee 339,  507,  508,  509,  512,     523 

533,  547,  556,  607,  624,  640 
Public  Utilities  Commissioners,  appointment,  new  ar- 
ticle (Int.  No.  249),  by  Mr.  Olcott,  96,  162,  253,  339 
public  works,  superintendent,  to  be  elected,  article  5, 

section  3  (Int.  No.  330),  by  Mr.  Curran 122 

requested  to  report,  number  of  prisoners,  applications 

for  pardons,  etc 102,     112 

salary,  increase  to  $15,000,  article  4,  section  4  (Int. 

No.  50),  by  Mr.  Griffin 39 

salary,  increase  to  $20,000;  introduce  bills,  article  4, 

section  4  (Int.  No.  182),  by  Mr.  Deyo 75 

securities,  municipal,  commission  to  regulate,  article  8, 

new  section  (Int.  No.  455),  by  Mr.  Baldwin.  .165,     204 

229,  431,  525 
State  budget,  submitting,  article  5,  new  section  (Int. 

No.  630),  by  Mr.  Parsons 207,     384 

State  department  heads,  appointing,  article  5,  section  2 

(Int.  No.  86),  by  Mr.  E.  N.  Smith 46,  223,  227 

State  lands,  grants,  approval,  article  7,  section  7  (Int. 

No.  370),  by  Mr.  Dow 138,  232,     361 

State  Lunacy  Commission,  appointment,  article  8,  new 

section  16  (Int.  No.  328),  by  Mr.  Wadsworth 122 

State  officers,  appointing,  article  5,  section  1  (Int.  No. 

635),  by  Mr.  Donnelly 208,     456 

State  officers,  appointing,  article  5,  sections  1-4  (Int. 

No.   555),  by  Mr.  Eisner    191,     223 

State  officers,  appointing,  article  5,  sections  1-4;  6-7 

repeal;  new  article  5  (Int.  No.  716),  by  Governor 

and  Other  State  Officers  Committee.. 456,  548,  562,  563 
571,  572,  573,  587,  615,  623,  629,  633 
State  officers,  appointing,  article  5,  section  1  (Int.  No. 

85),  by  Mr.  E.  N.  Smith 46,  217,  227,     456 

State  officers,  appointing,  article  5,  section  2  (Int.  No. 

415),  by  Mr.  Wadsworth 151 

State  officers,  appointing,  article  5,  section  1  (Int.  No. 

418),  by  Mr.  Wadsworth 151,     456 


836  INDEX 

Governor  —  Continued :  PAGE 

State  officers,  appointing,  short  ballot,  article  5,  sections 

1,  2,  5.  repeal  sections  3,  4  (Int.  No.  172),  by  Mr. 

Bernstein 74,  227,  232,     456 

State  officers,  appointing,  short  ballot,  article  5,  section 

1  (Int.  No.  125),  by  Mr.  C.  Nicoll 58,     456 

State  officers,  appointing,  term,  article  10,  section  3 

(Int.  No.   Ill),  by  Mr.  li.  B.  Smith 55,     456 

State  officers,  appointment,  article  5,  sections  1-3,  new 

section  10  (Int.  No.  246),  by  Mr.  Berri 96,     107 

State  officers,  appointment,  articles  4,  5,  8,  10,  11  (Int. 

No.  472),  by  Mr.  Deyo 168,  227,     456 

State  officers,  appointment  of,  article  5,  section  1  (Int. 

No.  179),  by  Mr.  L.  M.  Martin 75,     456 

State  officials,  removal,  article  4,  section  4  (Int.  No. 

552),  by  Mr.   Eisner 190,     456 

State  officers,  removal,  article  4,  section  10  (Int.  No. 

623),  by  Mr.  Tanner 206 

successor  to  office  of,  regulating,  article  3,  new  section 

(Int.  No.  386),  by  Mr.  R  B.  Smith 143 

Supreme  Court  justices,  appointing,  article  6,  section 

1  (Int.  No.  123),  by  Mr.  C.  Nicoll 58 

Supreme  Court  justices,  designation  for  second  term, 

article  6,  section  4  (Int.  No.  64),  by  Mr.  Steinbrink.  44 
Supreme  Court  justices,  vacancies,  filling,  article  6,  sec- 
tion 4  (Int.  No.  124),  by  Mr.  C.  Nicoll 58 

Supreme  Court,  terms,  designating  justices,  article  6, 

section  12  (Int.  No.  164),  by  Mr.  Tuck 69,     185 

Supreme  Court,  vacancies,  filling,  article  6,  section  4 

(Int.  No.  503),  by  Mr.  Shipman 179 

tax  commissioners,  appointing,  etc.,  article  3,  section  24 

(Int.  No.  620),  by  Mr.  Steinbrink 206 

tax  commissioners,  three,  appointment,  article  5,  new 

section  (Int.  No.  612),  by  Taxation  'Committee 202 

taxes,  direct,  partial  veto,  article  4,  section  9,  (Int.  No. 

209),  by  Mr.  Deyo .83,  125,     126 

taxes,  direct,  partial  veto,  article  4,  new  section  (Int. 

No.  211),  by  R.  B.  Smith 83,     155 

term  of,  four  years,  article  4,  section  1  (Int.  No.  49), 

by  Mr.  Griffin 39 

term  of,  four  years,  article  4,  section  1  (Int.  No.  87), 

by  E.  N.  Smith   46 


INDEX  837 

Governor  —  Continued :  PAGE 

term,  four  years,  article  4,  section  1  (Int.  No.  419), 

by  Mr.  Wadsworth 152 

term,  salary,  doubling,  article  4,  section  1  (Int.  No. 
702),  by  Governor  and  Other  State  Officers  Com- 
mittee   310,  617,  623,  641,  643,     652 

vacancies,  absence,  impeachment,  etc.,  article  4,  sections 
6,  7  (Int.  No.  385),  by  Mr.  R.  B.  Smith.  .143,  295,     406 

579,  600,     605 
vacancy,  acting  Governor,  article  4,  section  7  (Int.  No. 

517),  by  Mr.  Johnson   182 

vessels,    pressure,    regulation,    article   5,   new   section 

(Int.  No.  488),  by  Mr.  Fogarty 177,     342 

Workmen's  Compensation  Commission,  labor  commis- 
sioner, article  5,  new  section  (Int.  No.  602),  by  Mr. 

O'Connor 197 

Grade  change,  damage,  article  1,  section  7  (Int.  No.  633^, 

by  Mr.  Donnelly 208 

Grade  change,  damage,  compensation,  article  1,  new  section 

(Int.  No.   597),  by  Mr.   Tuck    197 

Grade  changes,  damage,  article  1,  sections  6,  7  (Int.  No. 

720),  by  Bill  of  Rights  Committee 514,  600,  641,     654 

657,  658,     659 
Grand  Army  of  Republic,  appropriate  expression  of  Con- 
vention   246,     250 

Grants,  state  lands,  prohibited,  article  7,  section  7  (Int.  No. 

370),  by  Mr.  Dow 138,  232,     361 

Grants,  water  power,  etc.,  limiting,  article  7,  section  7  (Int. 

No.  219),  by  Mr.  Bunce 86,  232,     360 

Grants,  water,  power  sites,  limitation,  article  1,  section  6 

(Int.  No.  348),  by  Mr.  Bunce 129,     146 

Grants,  water  rights,  limiting,  article  5,  sections  10,  11,  new 

(Int.  No.  220),  by  Mr.  Bunce   86 

Gray,  John  Clinton,  adjourn  out  of  respect  to  memory  of .  .      264 
Great  Bear  Spring  Water  Company,  relating  to  contract 

for  supply  of  drinking  water    26,     220 

Great  Charter,  anniversary  exercises,  President  invited  to 

address  Convention 101 

Great  Charter,   seven  hundredth  anniversary,   appropriate 

exercises  on  June  15th.  .14,  101,  114,  123,  174,  183,  230,     265 
Grinnell,  Frank  W.,  communication  from 293 


838  INDEX 


PAGE 


Guarantee  corporations,  stockholders,  liability,  article  8, 
section  7  (Int.  No.  143),  by  Mr.  Doughty 66,     344 

H 

Habeas  corpus,  detention  for  extradition,  article  1,  section 
4  (Int.  No.  177),  by  Mr.  Dunmore 75 

Habeas  corpus,  right  to,  suspend,  article  1,  section  4  (Int. 
No.  423),  by  Mr.   Curran   152,     627 

Haffen,  Louis  F.,  communication  from 56 

Hagan,  Ellen  M.  B.,  assigned  to  position  of  acting  chief 
telephone  operator 305,     312 

Haines,  Harry  W.,  elected  sergeant-at-arms 8 

Hamilton  county  judge,  surrogate,  qualifications,  article  6, 
section  20  (Int.  No.  255),  by  Mr.  R.  B.  Smith 97 

Hamilton  county,  Legislature  may  not  abolish,  article  3, 
sections  3-5 ;  article  6,  section  1 ;  article  12,  section  2 
(Int.  No.  389),  by  Mr.  Betts 144 

Hamilton  county,  Legislature  may  not  abolish,  article  3, 
section  5  (Int.  No.  317),  by  Mr.  Bunce 120 

Hamilton  county,  Legislature  may  not  abolish,  article  3, 
section  5  (Int.  No.  413),  by  Mr.  Dunlap 151 

Hammond,  Fred  W.,  assistant  secretary,  designated  to  re- 
vise and  index  the  Record,  Journal  and  documents.  .  .  .      762 

Hammond,  Fred  W.,  designated  to  sign  official  papers  and 
certifications 49 

Health : 

Commissioner  of,  term,  etc.,  article  5,  sections  1,  2,  5, 
repeal  sections  3,  4  (Int.  No.  172),  by  Mr.  Bern- 
stein          74 

contagious  diseases,  laws  regulating,  article  1,  new  sec- 
tion (Int.  No.  681),  by  Mr.  Donovan 237 

department  of,  Legislature  to  maintain,  article  8,  new 
section  16  (Int.  No.  300),  by  Mr.  Dunlap 117,     456 

department  of,  maintenance,  direct  tax  for,  article  8, 
new  section  16  (Int.  No.  668),  by  Mr.  Brackett .  219,     456 

dwellings,   manufacturing  in,    article   3,   new  section 

(Int.  No.  407),  by  Mr.  Parsons 150,  333,  346,     628 

635,  645,     646 

emergencies,   extra   session   of   Legislature,   article  4, 

section  4  (Int.  No.  156),  by  Mr.  E.  N.  Smith 68 


INDEX  839 

Health  — Continued:  PAGE 

employees,  laws  for,   etc.,   article  1,  .section  19,   and 

new  section  (Int.  No.  422),  by  Mr.  Cur  ran 152 

employees,  laws  for,  protection,  article  1,  section  19, 

and  new  section  (Int.  No.  405),  by  Mr.  Parsons.  .      149 

248,  440,  442 
forests,  lease  for  health  purposes,  article  7,  section  7 

(Int.  No.  370),  by  Mr.  Dow 138,  232,     361 

forest  preserve  lands,  use,  health  purposes,  article  7, 

sections  7,  7-a  (Int.  No.  71),  by  Mr.  C.  H.  Young.  44 
forests,  use  for  health  purposes,   article  7,  section  7 

(Int.  No.  10),  by  Mr.  C.  H.  Young 28 

franchises,  dangerous  to,  condemnation,  article  1,  new 

section  20  (Int.  No.  674),  by  Mr.  M.  Saxe 231 

hospitals,  forest  lands  for,  article  7,  section  7  (Int.  No. 

375),  by  Mr.  Baldwin    141,     361 

occupational  diseases,  article  1,  sections  18,  19   (Int. 

No.    714),    by   Industrial   Interests    Committee.  .  .      432 

628,  635,  647 
occupational  diseases,  laws,  article  1,  section  19  (Int. 

No.  376),  by  Mr.  Foley 142,     432 

occupational  diseases,  laws,  article  1,  new  section  19 

(Int.  No.  554),  by  Mr.  Eisner 190,  248,     432 

occupational  diseases,  laws,  article  1,  section  18  (Int. 

No.  406),  by  Mr.   Parsons    150 

old  age,  sickness,  insurance,  article  1,  section  19  (Int. 

No.   408),   by  Mr.   Parsons 150,     248 

physicians,  services,  public  institutions,  pay,  article  3, 

new  section  (Int.  672),  by  Mr.  Leitner 225 

public  health,  supervision,  by  interior  department,  ar- 
ticle 5,  section  2  (Int.  No.  86),  by  Mr.  E.  N.  Smith  46 
unsanitary  areas,  condemn  buildings,  article  1,  section 

6,  7  (Int.  No.  500),  by  Mr.  Parsons .  .179,     218 

vaccination,  schools,  article  9,  new  section   (Int.  No. 

490),  by  Mr.  Bayes 177 

water,  regulating  for  health  purposes,  article  1,  section 

7  (Int.  No.  687),  by  Mr.  Landreth 237 

waters,  pollution,  prohibited,  article  7,  section  7  (Int. 

No.   295),  by  Mr.  Bannister 116,     360 

workmen,  sickness,  State  insurance,  article  3,  new  sec- 
tion (Int.  No.  393),  by  Mr.  Curran 144 


840  INDEX 

PAGE 

Hearings,  committee,  consolidated  calendar  of,  posted  on 

bulletin  board   85,  100 

Hemstreet,  William,  communication  from 260 

Herkimer  county,  board  of  supervisors,  communication  and 

resolutions  from 155 

Higgins,  Charles  M.,  communication  from 203,  215 

Highways : 

appropriations  for,  regulating,  article  3,  section  20 
(Int.  No.  719),  by  Finance  Committee.  .513,  547,     557 

607,     631 

Commissioner,  abolishing,  jurisdiction  engineering  de- 
partment, article  5,  section  3  (Int.  No.  404),  by  Mr. 
Latson 149,     456 

Commissioner  of,  apportionment  of,  etc.,  article  5,  sec- 
tions 1,  2,  5,  repeal  sections  3,  4  (Int.  No.  172),  by 
Mr.  Bernstein 74 

Commissioner  of,  to  report  as  to  amount  of  money  ob- 
tained by  and  allotted  to  each  county 43,     203 

condemnation  for,  regulating,  article  1,  sections  6,  7 

(Int.  No.  500),  by  Mr.  Parsons 179,     218 

control,  engineering  department,  article  5,  new  section 

(Int.  No.  645),  by  Mr.  Landreth 210,     232 

costs,  apportioning,  towns,  cities,  villages,  article  7, 
new  section  13  (Int.  No.  479),  by  Mr.  Westwood.  .      169 

509 

county,  town,  powers,  article  3,  sections  26,  27 ;  article 
10,  section  2  (Int.  No.  721),  by  County,  Town  and 
Village  Committee 526,  612,  624,     634 

grade  change,  damage,  article  1,  section  7  (Int.  No. 

633),  by  Mr.  Donnelly 208 

highway  bonds,  apportionment,  article  7,  new  section 
13  (Int.  No.  478),  by  Mr.  Sanders 169 

highway  bonds,  excess,  apportioning,  article  7,  section 
13  (Int.  No.  356),  by  Mr.  Angell 130 

highway  bonds,  excess,  apportioning,  article  7,  new  sec- 
tion 13  (Int.  No.  31),  by  Mr.  Blanvelt.  .36,  377,     409 

537,  555,  557,  561,     599 

highway  commissioner,  first  election  of,  article  5,  sec- 
tion 2  (Int.  No.  75),  by  Mr.  Wiggins 45 

highway  commissioner,  to  be  elected  by  people,  article 

5,  section  1  (Int.  No.  73),  by  Mr.  Wiggins 45 


INDEX  841 

Highways  —  Continued :  l'Ar,E 

highway  debts,  contribution  article  7,  section  12  (Int. 

No.  521),  by  Mr.  Lincoln 182 

highway  debt,  sinking  fund,  article  7,  section  12  (Int. 

No.  99),  by  Mr.  Wagner 54 

highway   moneys,   apportioning,   article  7,   section  12 

(Int.  No.  426),  by  Mr.  Wagner 157 

roads,  open,  grade,  necessity,  damages,  article  1,  section 

7  (Int.  No.  322),  by  Mr.  Ryan 121 

State  debts  for,  authorizing,  article  7,  section  12  (Int. 

No.  430),  by  Mr.  Heaton 158 

State  highway  department,  maximum,  article  7,  sec- 
tions 4,  11,  12  (Int.  No.  469),  Mr.  R.  B.  Smith.  . .      167 
Home  rule,  buildings,  height,  etc.,  article  3,  new  section 

(Int.  No.   669),  by  Mr.  Bannister 225,     579 

Home  rule,  buildings,  zones,  regulating,  article  3,  new  sec- 
tion (Int.  No.  670),  by  Mr.  Bannister 225,     579 

Home  rule,  cities,  article  12,  sections  2,  3  (Int.  No.  689), 

by  Mr.  Fobes 238,     417 

Home  rule,  cities,  article  12,  section  1  (Int.  No.  374),  by 

Mr.  Mann   141,     417 

Home  rule,  cities,  article  12,  section  1  (Int.  No.  511),  by 

Mr.  E.  N.  Smith 181,  261,  417,     525 

Home  rule,  cities,  granting,  article  12   (Int.   No.  712),  by 
Cities  Committee.  .417,  498,  501,  502,  527,  540,  541,     552 

556,  596-598,  613,  619,     620 
Home  rule,  cities,  optional  system,  article  12,  sections  1-3, 

new  sections  4-6  (Int.  No.  662),  by  Mr.  Franchot.  .212,     417 

448 
Home  rule,   cities,   providing,   article   12,   section   13   Int. 

No.  613),  by  Mr.  Weed 205,     417 

Home  rule,  cities,  villages,  article  12,  sections  1-3,  new  sec- 
tions 4,  6  (Int.  No.  650).  by  Mr.  Cobb. 211,  233.  417,     525 
Home  rule,  cities,  villages,  article  12  new  (Int.  No.  553), 

by  Mr.  Eisner 190,  417,     525 

Home  rule,  cities,  villages,  article  12   (Int.  No.  331),  by 

Mr.  Franchot 123,     417 

Home  rule,  cities,  villages,   article  12,  section  1,  2    (Int. 

No.  655),  by  Mr.  Green 211,  223,  417,     525 

Home  rule,  cities,  villages,  article  12,  section  1,  3,  article  1, 
new  section  (Int.  No.  68),  by  Mr.  Wagner 44,  257,     417 


842  INDEX 

PAGE 

Home  rule,  cities,  villages,  charter,  article  3,  new  section 
(Int.  No.  700),  by  Legislative  Powers  Committee. .  309,     617 

Home  rule,  cities,  villages,  etc.,  article  3,  sections  26,  27 
and  new  section ;  article  10,  section  2 ;  article  12,  sections 

1,  2  (Int.  No.  313),  by  Mr.  Low 120,  175,     525 

Home  rule  cities,  villages,  guaranteeing,  article  12    (Int. 

No.  280),  by  Mr.  J.  L.  O'Brian 106,  156,     417 

Home  rule  cities,  villages,  securing,  article  12,  sections*!, 

2,  3  (Int.  No.  187),  by  Mr.  Sanders 76,     417 

Home  rule,   counties,   article   3,   new    section     (Int.   No. 

524),  by  Mr.  Coles 186,     525 

Home  rule,  counties,  optional  plan,  article  3,  sections  26, 
27  and  new  section  (Int.  No.  462),  by  Mr.  Barrett.166,     266 

525 

Home  rule,  counties,  towns,  article  10,  sections  1,  2  (Int. 
No.  178),  by  Mr.  L.  M.  Martin 75,     525 

Home  rule,  mandatory  pay-roll  laws,  article  12,  section  2 

(Int.  No.  676),  by  Mr.  Berri 231,     417 

Home  rule,  mandatory  pay-roll  laws,  prohibited,  article  3> 
new  section  (Int.  No.  451),  by  Mr.  Baldwin 165 

Home  rule,  property  dangerous,  taking,  article  1,  new  sec- 
tion (Int.  No.  671),  by  Mr.  Bannister 226,     579 

Hospital  Commission,  State,  regulating,  article  8,  section 
11  (Int.  No.  344),  by  Mr.  Shipman 128 

Hospital  Commission,  State,  statement  of  number  of 
patients  admitted  by  reason,  use  of  cigarettes 73 

Hugo,  Hon.  Francis  M.,  Secretary  of  State,  called  the  Con- 
vention to  order    3 

Hugo,  Hon.  Francis  M.,  thanks  of  Convention,  extended 
to,  for  valuable  services  rendered 78,  79 

Hullar,  Minnie  C,  leave  of  absence,  account  of  illness. 282,     291 

I 

Impeachment,  convene  Assembly  for,  article  3    (Int.  No. 

696),  by  Legislative  Powers  Committee 285,  343,     423 

543,  613,  616,  624,  629,  635 
Impeachment  Court,  convening,  article  6,  section  13  (Int. 

No.  695),  by  Legislative  Powers  Committee 280 

Impeachment,  Court  of,  compensation,  article  6,  section  13 

(Int.  No.  39),  by  Mr.  Lincoln 37 


INDEX  843 


PAGE 


Impeachment,  Court  of,  members  of,  article  6,  section  13 

(Int.  No.  141),  by  Mr.  R.  B.  Smith 65 

Impeachment,  extra  session  for,  article  4,  section  4,  new 

section  (Int.  No.  291),  by  Mr.  R.  B.  Smith.  .  .  . Ill,  279,  303 
358,  452,  508,  511,  521,  535,  584,  585 
Impeachment,  Governor,  etc.,  power  pending  trial  article 

6,  section  13  (Int.  No.  241),  by  Mr.  E.  N.  Smith 94 

Impeachment,    Governor,    Lieutenant-Governor,    court    of, 

article  6,  section  13  (Int.  No.  137),  by  Mr.  Rosch 64 

Impeachment,  Governor,  powers,  article  4,  section  6     (Int. 

No.  516),  by  Mr.  Johnson 181 

Impeachment,  Governor,  suspend  powers,  article  4,  section 

6  (Int.  No.  242),  by  Mr.  E.  N.  Smith 94 

Impeachment,  public  officers,  regulating,  article  6,  section 

13  (Int.  No.  518),  by  Mr.  Johnson 182 

Impeachment,  surrender  office  pending  trial,  article  6,  sec- 
tion 13  (Int.  No.  155),  by  Mr.  Bunce 68 

Imprisonment,  civil  cases,  prohibiting,  article  1,  section  6 

(Int.  No.  117),  by  Mr.  Latson 57,     248 

Improvements,  inheritance  tax  moneys  for,  article  7,  new 

sec  (Int.  No.  526),  by  Mr.  Bannister 186 

Indiana,  Game  Bird  Society,  communication  from 226 

Indians,  courts  of,  abolish,  article  1,  section  15  (Int.  No. 

279),  by  Mr.  Lindsay   106,     249 

Indians,  tribal  courts,  abolishing,  etc.,  article  1,  section  15 

(Int.  No.  707),  by  Indian  Relations  Committee 347,     406 

443,  453,  507,  511,  520 
Indians,  tribal  courts,  abolishing,  etc.,  article  1,  section  15 

(Int.   No.   439),  by  Mr.   Lindsay 160,     249 

Indictment,  waiving,  article  1,  sections  6,  7  (Int.  No.  720), 

by  Bill  of  Rights  Committee 514,  600,  641,  654,     657 

658,  659 
Industrial  board,  appointment,  etc.,  article  5,  new  section 

(Int.  No.  270),  by  Mr.  Parsons 105,     236 

Industrial   council,    establishment,    article   5,   new   section 

(Int.  No.  545),  by  Mr.  Parsons 189 

Inspection,  department  of,  article  5,  new  section  (Int.  No. 

545),  by  Mr.  Parsons    189 

Inter-City  Civic  League,  communication  from 253 

Interdenominational    Committee   on   Religious   Education, 

communication  from 215 


844  INDEX 

PAGE 

Interior,  department,  establishment,  article  5,  section  2 
(Int.  No.  86),  by  Mr.  E.  N.  Smith 40 

Irrigation,  conservation  department,  article  7,  new  section 
7  (Int.  No.  438),  by  Mr.  Green.' 159,     361 

Insane: 

commissioner  of,  state  hospital,  council,  article  8,  sec- 
tions 11,  12  (Int.  No.  593),  by  Mr.  Parmenter.  .  .      196 

224,     239 

hospitals  for,  jurisdiction,  state  charities,  board,  article 
8,  sections  11,  13,  15;  article  8,  section  12,  and 
article  5,  section  4,  repealed  (Int.  No.  366),  by  Mr. 
Mandeville , 137 

state  hospital  commission,  regulating,  article  8,  section 

11  (Int.  No.  344),  by  Mr.  Shipman 128 

state  hospitals,  control,  article  8,  sections  11,  13,  15, 
and  repeal  section  12;  article  5,  section  4  (Int.  No. 
637),  by  Mr.  Hinman 208 

state  lunacy  commission,  creating,  article  8,  new  sec- 
tion 16  (Int.  No.  328),  by  Mr.  Wadsworth 122 

state  lunacy  commission,  powers,  etc.,  article  8,  section 

11    (Ink  No.  371),  by  Mr.   Steinbrink 141,     410 

540,   552,     596 
Insurance : 

commissioner  of,  appointment,  etc.,  article  5,  sections 
1,  2,  5,  repeal  sections  3,  4  (Int.  No.  172),  by  Mr. 
Bernstein 74,  227,  232,     456 

stockholders,  insurance  corporations,  liability,  article 
8,  section  7  (Int.  No.  143),  by  Mr.  Doughty 66,     344 

stocks,  etc.,  exchange,  regulating,  article  3,  new  section 
(Int.  No.  581),  by  Mr.  E.  B.  Smith 195,     345 

superintendent  of,  elected  by  the  people,  article  5,  new 
section  (Int.  No.  80),  by  Mr.  Brackett 46 

superintendent  of,  election,  article  5,  section  1  (Int. 
No.  332),  by  Mr.  O'Connor   123 

supervision  of  state  finance  department,  article  5,  sec- 
tion 2  (Int.  No.  86),  by  Mr.  E.  N.  Smith 46 

workmen's  compensation,   laws,   article   1,   section   19 

(Int.  No.  408),  by  Mr.  Parsons 150,     248 

workmen's  compensation,  old  age,  etc.,  article  3,  new 
section  (Int.  No.  393),  by  Mr.  Curran 144 


INDEX  845 

Insurance  —  Continued :  PAGE 
workmen's   compensation,   state  fund,    article    1,    sec- 
tion 19  (Int.  No.  603),  by  Mr.  O'Connor 197 

workmen's  compensation,  state  insurance,  etc.,  article 

1,  new  section  19  (Int.  No.  554),  by  Mr.  Eisner 190 

248,     432 

J 

Jamestown,  common  council,  memorial  from 226 

Javatt,  Vincent,  communication  from 445 

Johnstown,  common  council,   resolutions  from 445 

Journal,  reading  of,  dispensed  with,  amendments  made  on 

legislative  day  following 57 

Judges,   candidates  for  other  office,   article  6,   section   10 

(Int.  No.  8),  by  Mr.  linger 28 

Judges,  practice  of  law  by,  article  6,  section  20  (Int.  No. 

104),  by  Mr.   Tierney    54 

Judiciary : 

appeals,  to  Court  of  Appeals,  regulating,  article  6,  sec- 
tion 9  (Int.  No.  160),  by  Mr.  Cobb 69 

Appellate  Courts,  take  evidence,  etc.,  article  6,  new  sec- 
tion 9-a,  (Int.  No.  352),  by  Mr.  Rodenbeck 130 

Appellate  Division,  abolish,  etc.,  article  6,  section  2,  7 

(Int.  No.  445),  by  Mr.  Bayes 164 

Appellate  Division,  departments,  judges,  appeals,  ar- 
ticle 6,  section  2  (Int.  No.  591),  by  Mr.  Mandeville.      196 

Appellate  Division,  justices,  powers,  article  6,  section  2 

(Int.  No.  336),  by  Mr.  Steinbrink 127 

board  of  judicial  appointment  and  control,  article  6, 
new  section  (Int.  No.  485),  by  Mr.  Adams 177 

bribery,  article  13,  sections  2,  3,  4,  repeal  (Int.  No. 
473),  by  Mr.   Leggett 168 

budget  for,  article  3,  section  21   (Int.  No.  709),  by 

Finance   Committee    384,  445,  446,     454 

455,  501,  510,     519 

children's  courts,  domestic  relations  courts,  article  6, 
new  section  24  (Int.  No.  564),  by  Mr.  Clearwater.     192 

civil  code  bills,  veto,  Appellate  Division,  article  3,  new 
section  (Int.  No.  622),  by  Mr.  Baldwin 206 

condemnation,  judge  of,  creating,  article  11  section  7 

(Int.  No.  169),  by  Mr.  Brenner 74 


846  INDEX 

Judiciary  —  Continued :  PAGE 

constitutionality,  Court  of  Appeals  opinion,  article  6, 

new  section  (Int.  No.  544),  by  Mr.  Parsons 189 

constitutionality,  determining,  new  article   (Int.   No. 

558),  by  Mr.  Eisner 191,     215 

constitutionality  of  laws,  article  3,  new  section  (Int. 

No.  421),  by  Mr.  Curran 152 

constitutionality  of  laws,  article  6,  section  3  (Int.  No. 

306),  by  Mr.  McKinney 119 

constitutionality  of  laws,  article  6,  section  9  (Int.  No. 

147),  by  Mr.  Shipman 67 

county  courts,  jurisdiction,  article  6,  section  14  (Int. 

No.  608),  by  Mr.  Lincoln 198,  217,  345,     345 

county  courts,  jurisdiction,  article  6,  section  14  (Int. 

No"  476),  by  Mr.  Eodenbeck 168 

county  courts,  jurisdiction,  etc.,  article  6,  section  14 

(Int.  No.  414),  by  Mr.  K.  B.  Smith.  . . 151 

county  courts,  New  York  city  court,  general  sessions, 

etc.,  article  6,  section  14  (Int.  No.  152),  by  Mr.  C. 

H.  Young 67 

county  courts,  New  York  city  courts,  general  sessions, 

article  6,  section  14  (Int.  No.  251),  by  Mr.  C.  H. 

Young 97 

county  courts,  New  York  City  Court,  judges,  jurisdic- 
tion, article  6,  section  14  (Int.  No.  410),  by  Mr.  C. 

H.  Young 150 

county  judges,  Legislature  may  increase,  article  6,  sec- 
tion 14,  (Int.  No.  61),  by  Mr.  Frank 43 

county  judges,  number,  terms,  etc.,  article  6,  section 

14  (Int.  No.  14),  by  Mr.  C.  H.  Young 29 

county  judge,  surrogate,  pay,  change  during  term,  ar- 
ticle 6,  section  15  (Int.  No.  151),  by  Mr.  Burkan.  .  67 
county  judges,  surrogate,  salary,  article  6,  section  15 

(Int.  No.  562),  by  Mr.  Rosch 192 

Court,  General  Sessions,  New  York  county,  abolishing, 

article  6,  section  6  (Int.  No.  7),  by  Mr.  Olcott 28 

Court,  General  Sessions,  New  York  county,  continued, 

article    6,    new   section    (Int.    No.    170),    by   Mr. 

Baldwin 74 

Court  of  Appeals,  abolishing,  article  6,  section  7  (Int. 

No.  590),  by  Mr.  Mandeville 196 


INDEX  .  847 

Judiciary  —  Continued :  PAGE 

Court  of  Appeals,  composition,  etc.,  article  6,  section 
7  (Int.  No.  274),  by  Mr.  Fobes 105,     147 

Court  of  Appeals,  judges,  appointed  by  Governor,  ar- 
ticle 6,  section  7,  8  (Int.  No.  198),  by  Mr.  C.  Nicoll.       82 

Court  of  Appeals,  jurisdiction,  article  6,  section  9  (Int. 
No.  428),by  Mr.  Wiggins 157 

Court  of  Appeals,  jurisdiction,  Appellate  Division 
Courts,  etc.,  article  6,  section  9  (Int.  No.  44(3),  by 
Mr.  Bayes 164 

Court  of  Appeals,  merging  in  Supreme  Court,  article 
6,  sections  1-13  (Int.  No.  302),  by  Mr.  Gladding.  .      117 

Court  of  Appeals  opinions,  for  Governor  and  Legisla- 
ture, new  section  (Int.  No.  9)   28 

Court  of  Appeals,  reorganization,  Appellate  Division, 
justices,  article  6,  sections  2,  4,  7,  8  (Int.  No.  26), 
by  Mr.  Sheehan 30 

Court  of  Appeals,  vacancies,  filling,  article  6,  section  8 
(Int.  No.  502),  by  Mr.  Shipman 179 

Court  of  Claims,  abolishing,  article  6,  sections  1,  19 
and  new  section  (Int.  No.  402),  by  Mr.  Latson.  149,     306 

Court  of  Claims,  composition,  pay,  etc.,  article  6,  new 

section  (Int.  No.  56),  by  Mr.  E.  B.  Smith 40 

Court  of  Claims,  constitutional  body,  article  6,  section 
16  (Int.  No.  466),  by  Mr.  Cobb"! 167 

Court  of  Claims  constitutional  body,  article  6,  new  sec- 
tion 15-a  (Int.  No.  515),  by  Mr.  Mandeville 181 

Court  of  Claims,  judges,  removal,  article  section  11 
(Int.  No.  467),  by  Mr.  Cobb 167 

Court  of  Claims,  judges,  terms,  inferior  local  courts,  ar- 
ticle 6,  section  18  (Int.  No.  468),  by  Mr.  Cobb 167 

Court  of  Criminal  Appeals,  establishing,  article  6,  sec- 
tion 6  (Int.  No.  21),  by  Mr.  Aiken 30 

court  procedure,  fixing,  article  6,  new  section  (Int.  No. 
690),  by  Mr.  E.  B.  Smith 238,     259 

court  procedure,  revising,  article  3,  new  section  (Int. 

No.  425),  by  Mr.  Sargent 157 

court  procedure,  rules,  adoption,  article  6,  new  section 
2-a  (Int.  No.  183),  by  Mr.  Eodenbeck 75 

court  rules,  commission  on,  chairman,  article  6,  section 
2  (Int.  No.  359),  by  Mr.  Wickersham 136 


848  INDEX 

Judiciary  —  Continued :  rAGE 

court  rules,  publication,  decisions,  index,  etc.  (Int.  No. 

277),  by  Mr.  Rodenbeck 105 

courts,   limited  jurisdiction,   cities,   article  6,   section 

18  (Int.  No.  367),  by  Mr.  Sears 138 

courts,  reorganizing  generally,  article  6,  sections  1-3, 

5-7-9,  12,  14-23  (Int.  No*.  611),  by  Mr.  Westwood.  199 
courts,  special,  eliminate,  etc.,  article  6  (Int.  No.  262), 

by  Mr.  Reeves 103 

courts,  special  sessions,  article  6,  sections  17,  22,  23 

(Int.  No.  163),  by  Mr.  Leggett 69 

courts,  State,  reorganize,  article  6  (Int.  No.  308),  by 

Mr.  Reeves 119 

district  courts,  limited  jurisdiction,  uniform,  article  6, 

section  18  (Int.  No.  595),  by  Mr.  Parmenter 196 

domestic  relations  courts,  first  class  cities,  article  6,  new 

section  15-a  (Int.  No.  443),  by  Mr.  Adams 163 

first  judicial  department,  New  York,  Bronx,  article  6, 

section  11  (Int.  No.  409),  by  Mr.  F.  Martin 150 

Indian  courts,  certain,   abolish,   article   1,  section  15 

(Int.  No.  279),  by  Mr.  Lindsay 106,     249 

Indian  tribal  courts,  abolishing,  article  1,  section  15 

(Int.  No.  707),  by  Indian  Relations  Committee...  .      347 

406,  443,  453,  507,  511,  520 
impeachment  court,  composition,  etc.,  article  6,  section 

13  (Int.  No.  518),  by  Mr.  Johnson 182 

impeachment  court,  composition  of,  article  6,  section 

13  (Int.  No.  39),  by  Mr.  Lincoln 37 

impeachment  court,   convening,   article   6,   section   13 

(Int.  No.  695),  by  Legislative  Powers  Committee.  .  280 
impeachment,  surrender  office  until  acquitted,  article  6, 

section  13  (Int.  No.  155),  by  Mr.  Bunce 68 

inferior  local  courts,  article  666,  section  18  (Int.  No. 

208),  by  Mr.  Bunce 83 

inferior  local  courts,  cities,  article  6,  section  17  (Int. 

No.  252),  by  Mr.  Dunmore 97 

inferior  local  courts,  jurisdiction,  article  6,  section  18 

(Int.  No.  381),  by  Mr.  Angell 142 

inferior  local  courts,  jurisdiction,  article  6,  section  18 

(Int.  No.  256),  by  Mr.  Cobb.  . . 97 

inferior  local  courts,  jurisdiction,  article  3,  section  15 

(Int.  No.  589),  by  Mr.  Mandeville 196 


INDEX  849 

Judiciary  —  Continued :  PAGE 

inferior  local  courts,  jurisdiction,  article  6,  section  18 
(Int.  No.  301),  by  Mr.  E.  N.  Smith 117 

inferior  local  courts,  jurisdiction,  article  6,  section  18 
(Int.  No.  542),  by  Mr.  Stimson 189 

inferior  local  courts,  jurisdiction,  article  6,  section  18 
(Int.  No.  560),  by  Mr.  Wiggins 191 

inferior  local  courts,  jurisdiction,  acquiring,  article  6, 

section  18  (Int.  No.  106),  by  Mr.  E.  N.  Smith 54 

inferior  local  courts,  jurisdiction  in  county,  article  6, 

section  18  (Int.  No.  253),  by  Mr.  Dunmore 97 

inferior  local  courts,  territorial  jurisdiction,  article  6, 
section  18  (Int.  No.  72),  by  Mr.  Barrett 45 

inferior  local  courts,  territorial  jurisdiction,  art.  6,  sec- 
tion 18  (Int.  No.  107),  by  Mr.  Bockes 55 

judges,  Court  of  Appeals,  Supreme  Court,  re-election, 
article  6,  section  10  (Int.  No.  309),  by  Mr.  Brenner.     119 

judges,  candidates  for  other  offices,  article  6,  section  10 

(Int.  No.  8),  by  Mr.  Unger 28 

judges,  Chief  Justice  Court  of  Appeals  to  nominate,  ar- 
ticle 6,  new  section  (Int.  No.  20),  by  Mr.  Aiken.  ...        29 

judges,  election,  odd  numbered  years,  article  6,  sections 
4,  8;  article  10,  section  5  (Int.  No.  664),  by  Mr. 
Sears 213 

judges,  etc.,, removal,  article  6,  section  11  (Int.  No. 
522),  by  Mr.  Deyo 182 

judges.  Governor  to  nominate  candidates,  article  6,  sec- 
tion 10  (Int.  No.  607),  by  Mr.  Sears 198 

judges,  Governor  to  recommend  candidates,  article  6, 
new  section  (Int.  No.  541),  by  Mr.  Stimson.  .189,     215 

judges,  qualifications,  practice  law,  etc.,  article  6,  sec- 
tion 20  (Int.  No.  224),  by  Mr.  Buxbaum 91 

judges,  removal,  convene  Legislature,  article  3   (Int. 
No.  696),  by  Legislative  Powers  Committee.  .285,     343 
423,  543,  613,  616,  624,  629,     635 

judges,  separate  election  for,  article  2,  section  5 ;  ar- 
ticle 6;  new  section  — ;  article  6,  sections  4,  8,  14, 
17,  18;  article  10,  section  2;  Article  12,  section  3 
(Int.  No.  398),  by  Mr.  Curran   145 

judges,  separate  elections  for,  article  6,  new  section 

(Int.  No.  499),  by  Mr.  Parsons 179 


850  INDEX 

Judiciary  —  Continued :  PAGE 

judges,  surrogates,  age  limit  72  years,  article  6,  section 

12  (Int.  No.  481),  by  Mr.  Steinbrink 169 

judicial  decisions,  free  for  publication,  article  6,  sec- 
tion 21  (Int.  No.  323),  by  Mr.  Dunmore 121 

judicial  departments,  Court  of  Appeals,  article  6,  sec- 
tions 1,  2,  4,  7,  12,  repeal  section  8  (Int.  No.  229), 
by  Mr.  Kirk 92 

judicial  departments,  examination  by  auditor-general, 
article  5,  new  section  (Int.  No.  675),  by  Mr.  Fran- 
chot 231 

judicial  officers,  laws  abolishing,  article  6,  section  22 

(Int.  No.  400),  by  Mr.  Adams 149 

judicial   officers,    qualifications,    article   6,   section   20 

(Int.  No.  273),  by  Mr.  Ostrander 105 

judicial  officials,   qualifications,   article   6,   section  20 

(Int.  No.  255),  by  Mr.  E,  B.  Smith 97 

judicial  officers,   removal,   etc.,   article   6,   section   11 

(Int.  No.   384),  by  Mr.   Cobb 143 

judicial  officers,  removal,  regulating,  article  6,  section 
18  (Int.  No.  457),  by  Mr.  Wagner 165 

judicial  statistics,  article  6,  section  21  (Int.  No.  454), 
by  Mr.  Baldwin 165 

judiciary  counsel,  court  procedure,  article  6,  new  sec- 
tion 2-b  (Int.  No.  185),  by  Mr.  Kodenbeck 76 

jurisdiction  over  claims  against  state,  article  6,  new 
section  (Int.  No.  349),  by  Mr.  Angell 129 

justice  of  peace,  district  courts,  jurisdiction,  article  6, 

section  17  (Int.  No.  561),  by  Mr.  Wiggins 191 

justice  of  peace,  number,  regulating,  article  6,  section 
17  (Int.  No.  175),  by  Mr.  Bunce 74 

justice,  second  term  by  designation  of  Governor,  article 

6,  section  4  (Int.  No.  64),  by  Mr.  Steinbrink 44 

justices,  increase  by  Legislature,  abolish,  article  6,  sec- 
tion 1  (Int.  No.  65),  by  Mr.  Steinbrink 44 

justices  of  peace,  as  masters  County  Court,  article  6, 
section  17  (Int.  No.  114),  by  Mr.  Kirby 55 

justices  of  peace,  fees,  etc.,  article  6,  section  20  (Int. 
No.  334),  by  Mr.  Coles 127 

justices  of  peace,  number,  etc.,  article  6,  section  17 

(Int.  No.  365),  by  Mr.  Bunce 137 


INDEX  851 

Judiciary  —  Continued :  PAGE 

justices  of  peace,  qualifications,  article  6,  section  17 

(Int.  No.  260),  by  Mr.  Coles 103 

justices  of  peace,  reorganizing,   article  6,   section  17 

(Int.  No.  563),  by  Mr.  Vanderlyn 192 

juvenile  delinquents,  child  welfare  commission,  article 

6,  new  section  24  (Int.  No.  538),  by  Mr.  Ahearn.  .      188 

Kings  County  Court,  merge  in  Supreme  Court,  article 

6,  section  14  (Int.  No.  62),  by  Mr.  Adams 43 

land  registration  court,  establishing,  article  6,  new  sec- 
tion 24  (Int.  No.  119),  by  Mr.  Newburger 58 

libel,  judgment,  reparative  publicity,  article  1,  section 
8  (Int.  No.  677),  by  Mr.  Quigg 231 

magistrates,  justices  of  peace,  removal,  article  6,  sec- 
tion 17  (Int.  No.  307),  by  Mr.  Eyan 119 

magistrates,  local  courts,  etc.,  regulations,  article  6,  sec- 
tions 17,  18  (Int.  No.  536),  by  Mr.  Brenner 188 

New  York  City  Court,  merge  in  Supreme  Court,  article 

6,  section  5  (Int.  No.  149),  by  Mr.  Burkan 67 

New  York  city,  courts,  reorganize,  article  6,  section 
14  (Int.  No.  377),  by  Mr.  Wickersham 142,     213 

New  York  city,  municipal,  county,  city  courts,  merg- 
ing, article  6,  sections  14,  17  (Int.  No.  215),  by 
Mr.  Steinbrink 86 

New  York  city,  municipal  court  ,continuing,  etc.,  ar- 
ticle 6,  section  17   (Int.  No.   621),  by  Mr.  Stein-., 
brink 206 

New  York  city,  special  sessions  courts,  continuing,  ar- 
ticle 6,  new  section  (Int.  No.  682),  by  Mr.  Wagner     237 

official  referees,  restricting,  article  6,  new  section  24 
Int.  No.  189),  by  Mr.  Steinbrink 81 

referees,  retired  judges,  Supreme  Court,  Court  of  Ap- 
peals, article  6,  new  section  24  (Int.  No.  463),  by 
Mr.  C.  H.  Young 166,     245 

revising  generally,  article  6  (Int.  No.  718),  by  Judi- 
ciary Committee    ..480,  523,  526,  532,  534,  536,     537 
539,  551,  590-594,  614,  618,     619 

rules,  court  practice,  adoption  of,  article  6,  new  section 

(Int.  No.   22),  by  Mr.  Aiken 30 

Special  Sessions  Courts,  abolish,  article  6,  section  18 

(Int.  No.  447),  by  Mr.  Newburger 164 


852  INDEX 

Judiciary  —  Continued :  PAGE 

Special  Sessions  Courts,  abolishing,  article  6,  section 
23  (Int.  No.  320),  by  Mr.  Dunmore 121 

Special  Sessions  Courts,  jurisdiction,  article  6,  repeal 
section  23  (Int.  No.  448),  by  Mr.  Newburger 164 

special,  trial  terms,  designating  justices,  article  6,  sec- 
tion 2  (Int.  No.  311),  by  Mr.  Sargent 119 

special,  trial  terms,  designating  justices,  article  6,  sec- 
tion 12  (Int.  No.  164),  by  Mr.  Tuck 69,     185 

Supreme  Court,  Appellate  Division,  justices  of,  desig- 
nating, article  6,  section  2  (Int.  No.  148),  by  Mr. 
Bernstein 67 

Supreme   Court,   commissioners,   article   6,   section   2 

(Int.  No.  452),  by  Mr.  Baldwin 165 

Supreme  Court  judges,  ten-year  terms,  article  6,  sec- 
tion 4  (Int.  No.  491),  by  Mr.  Bayes 171 

Supreme  Court,  judges,  vacancies,  filling,  article  6, 
section  4  (Int.  No.  503),  by  Mr.  Shipman 179 

Supreme  Court,  jurisdiction  over  claims  against  state, 
article  6,  section  1  (Int.  No.  15),  by  Mr. 
Brackett 29,     306 

Supreme  Court  justices,  appointment  by  Governor, 
article  6,  section  1  (Int.  No.  123),  by  Mr.  C.  Nicoll       58 

Supreme  Court  justices,  compensation,  article  6,  sec- 
tion 12  (Int.  No.  66),  by  Mr.  Steinbrink 44 

Supreme  Court  justices,  salary,  article  6,  section  12 

(Int.  No.  240),  by  Mr.  Clearwater 93,  94 

Supreme  Court  justices,  terms,   vacancies,   article   6, 

section  4  (Int.  No.  124),  by  Mr.  C.  Nicoll 58 

Supreme  Court,  land  division,  authorizing,  article  6, 
new  section  (Int.  No.  527),  by  Mr.  Reeves 187 

Supreme  Court,  sitting  in  banc,  article  6,  section  3 
(Int.  No.  592),  by  Mr.  Mandeville 196 

Surrogates,  county  judges,  law  practice,  article  6,  sec- 
tion 20  (Int.  No.  514),  by  Mr.  Nye 181 

Surrogates  Courts,  powers,  etc.,  article  6,  section  15 
(Int.  No.   347),  by  Mr.   Heaton 129 

Surrogates,  merging,  county  courts,  article  6,  section 
15  (Int.  No.  572),  by  Mr.  Tierney 193 

Surrogates,  powers,  jurisdiction,  article  6,  section  15 
(Int.  No.  487),  by  Mr.  Reeves 177 

Surrogate,  terms,  jurisdiction,  article  6,  section  15 
(Int.  No.  431),  by  Mr.  McKean 158 


INDEX  853 

Juries : 

civil  cases,  6  instead  of  12,  article  1,  section  2  (Int. 

No.  43),  by  Mr.  Brenner 38,     244 

civil  cases,  waiving,  article  1,  section  2  (Int.  No.  197), 

by  Mr.  Baldwin 81,     244 

commissioner  of  appointment,  etc.,  article  3,  section 

18  (Int.  No.  44),  by  Mr.  Brenner 38 

composition  of,  6  or  more,  all  cases,  article  1,  section 
2  (Int.  No.  45),  by  Mr.  Bayes 38 

eliminating,  certain  cases,  article  1,  section  2  (Int.  No. 

278),  by  Mr.  Rodenbeck 106 

eliminating,  misdemeanors,  etc.,  article  6,  section  18 
(Int.  No.  542),  by  Mr.  Stimson 189 

exemptions  from  jury  duty,   abolish,    article   3,   new 
section  30  (Int.  No.  310),  by  Mr.  Brenner 119 

exemptions  from  jury  duty,  prohibited,  article  3,  sec- 
tion 30  (Int.  No.  216),  by  Mr.  Wickersham 86 

exemptions,  limiting,  commissioners,  establishing,  arti- 
cle 6  (Int.  No.  718),  by  Judiciary  Committee.  . .  .     480 
523,  526,  532,  534,  536,  537,  539,  551,  590-594,     614 

618,     619 

felonies,  to  fix  punishment,  article  1,  section  2   (Int. 
No.  238),  by  Mr.  Griffin 93 

Grand  jury,  eliminate,  certain  cases,  article  1,  section 
6  (Int.  No.  461),  by  Mr.  F.  Martin 166,     204 

Grand  jury,  eliminate,  guilty  plea,  article  1,  section  6 

(Int.  No.  305),  by  Mr.  Kirby 118 

Grand  jury,  indictment,  criminal  cases,  article  1,  sec- 
tion 6  (Int.  No.  333),  by  Mr.  Coles 127 

Grand  jury,  indictment,  criminal  cases,  article  1,  sec- 
tion 6  (Int.  No.  267),  by  Mr.  Mann 104,     244 

Grand  jury,  indictment,  criminal  cases,  article  1,  sec- 
tion 6  (Int.  No.  368),  by  Mr.  Sears 138 

Grand  jury,  indictment,  criminal  cases,  article  1,  sec- 
tion 6  (Int.  No.  11),  by  Mr.  C.  H.  Young 28,     244 

Grand  jury,  minutes,  defendant  inspecting,  article  1 
section  6  (Int.  No.  16),  by  Mr.  Brackett 29 

Grand  jury  system,  regulation  by  legislature,  article  1, 
section  6  (Int.  No.  239),  by  Mr.  Austin 93 

Grand  jury,  waiving,  article  1,  section  6   (Int.  No. 
604),  by  Mr.  Franchot 198,     244 

jurors  commissioner,  each  county,  article  10,  new  sec- 
tion (Int.  No.  585),  by  Mr.  Green 195 


854  INDEX 

Juries  —  Continued : 

number,  verdict,  waiving,  etc.,  article  1,  section  2  (Int. 

No.  233),  by  Mr.  J.  G.  Saxe - 93 

number,  waiving,  regulation,  by  legislature,  article  1, 

section  2    (Int.   No.  292),  by  Mr.   Leggett.  .  .111,     244 
religious  beliefs,  asking,  article  1,  section  3  (Int.  No. 

173),  by  Mr.  Slevin 74 

six  members,  waiving  jury,  etc.,  article  1,  section  2 

(Int.  No.  188),  by  Mr.  Pelletreau 80 

State  Commissioners  of  Jury  Duty,  regulating,  article 

5,  new  section  (Int.  No.  656),  by  Mr.  Green.  .211,     215 
Surrogates  courts,  article  6,  section  15  (Int.  No.  347), 

by  Mr.  Heaton 129 

Surrogates  courts,  jury  trials  in,  article  6,  section  15 

(Int.  No.  431),  by  Mr.  McKean 158 

trial  by,  criminal  cases,  article  1,  section  2  (Int.  No. 

391),  by  Mr.  Curran 144 

trial  by,  limitation  by  legislature,  article  1,  section  2 

(Int.  No.  132),  by  Mr.  Weed 64 

trial  by,  waiving,  criminal  cases,  article  1,  section  2 

(Int.  No.  369),  by  Mr.  Sears 138 

trial  by,  waiving,  fix  penalty,  article  1,  sections  6,  7 

(Int.  No.  720),  by  Bill  of  Rights  Committee.  .514,     600 

641,  654,  657,  658,     659 
trial  by,  waiving,  verdict,  etc.,  article  1,  section  2  (Int. 

No.  217),  by  Mr.  Wickersham 80 

vacancy,  during  trial,  additional  jurors,  article  1,  sec- 
tion 2  (Int.  No.  346),  by  Mr.  Wiggins 129 

verdict  by  five-sixths,  civil  cases,  article  1,  section  2 

(Int.  No.   206),  by  Mr.   Vanderlyn 83,     244 

verdict  by  five-sixths,  civil  cases,  waive  jury  criminal 

cases,  article  1,  section  2   (Int.  No.  116),  by  Mr. 

Westwood   56,  148,     244 

verdict,  by  three-fourths,  civil  cases,  article  1,  section  2 

(Int.  No.  350),  by  Mr.  Angell 129 

verdict,  by  three-fourths  of  jury,  article  1,  section  2 

(Int.  No.  17),  by  Mr.  Aiken 29,     244 

waiving,  except  capital  cases,  article  1,  section  2  (Int. 

No.  268),  by  Mr.  Mann 104 

Justices  of  peace,  as  masters  of  county  court,  article  6,  sec- 
tion 17  (Int.  No.  114),  by  Mr.  "Kirby 55 


INDEX  855 


PAGE 


Justices  of  peace,  election,  article  6,  section  17  (Int.  No. 

252),  by  Mr.  Dunmore 97 

Justices  of  peace,  fees,  etc.,  article  6,  section  20  (Int.  No. 

334),  by  Mr.  Coles 127 

Justices  of  peace,   fees,   prohibited,   article   6,   section   20 

(Int.  No.  273),  by  Mr.  Ostrander 105 

Justices  of  peace,  jurisdiction,  article  6,  section  18   (Int. 

No.  447),  by  Mr.  Newburger 164 

Justices  of  peace,  jurisdiction,  article  6,  section  17    (Int. 

No.  561),  by  Mr.  Wiggins 191 

Justices  of  peace,  laws  abolished,  article  6,  section  22  (Int. 

No.  400),  by  Mr.  Adams 149 

Justices  of  peace,  number,  etc.,  article  6,  section  17  (Int. 

No.  365)),  by  Mr.  Bunce   137 

Justices  of  peace,  qualifications,  article  6,  section  17  (Int. 

No.  260),  by  Mr.  Coles 103 

Justices  of  peace,  qualifications,  article  6,  section  20  (Int. 

No.  255),  by  Mr.  E.  B.  Smith 97 

Justices  of  peace,  regulating  number  of,  article  6,  section  17 

(Int.  No.  175),  by  Mr.  Bunce 74 

Justices  of  peace,  reorganizing,  article  6,  section  17  (Int. 

No.  563),  by  Mr.  Vanderlyn 192 

Justices  of  peace,  removal,  etc.,  article  6,  sections  17,  18 

(Int.  No.  536),  by  Mr.  Brenner 188 

Justices  of  peace,  removal,  etc.,  article  6,  section  11   (Int. 

No.  384),  by  Mr.  Cobb 143 

Justices  of  peace,  removal,  article  6,  section  11  (Int.  No. 

522),  by  Mr.  Deyo 182 

Justices  of  peace,  removal,  article  6,  section  17  (Int.  No. 

307),  by  Mr.  Byan 119 

Justices  of  peace,  special  sessions,  jurisdiction,  article  6, 

section  23  (Int.  No.  320),  by  Mr.  Dunmore 121 

Justices  of  peace,  terms,  etc.,  article  six,  sections  17,  22,  23 

(Int.  No.  163),  by  Mr.  Leggett 69 


Kings  county,  commissioner  of  public  records,  to  furnish  in- 
formation,   relative    to    employees,    salaries,    expenses, 

etc 247,     274 

Klaber,   Leonard,  communication  from    203 

Knauber,  Jacob,  adjourn  out  of  respect  to  memory  of .  .  154,     155 


856  INDEX 

L 

Labor: 

building  zones,  article  3,  new  section  (Int.  No.  724), 

by  Cities  Committee 579 

commissioner  of,  appointment,  etc.,  article  5,  sections 

1,  2,  5,  repeal  sections  3,  4  (Int.  No.  172),  by  Mr. 

Bernstein 74,  227,     232 

commissioner  of,  elected  by  people,  article  5,  section  1 

(Int.  No.  134),  by  Mr.*Dooling 64,     161 

commissioners  of,  election,  appointment,  article  5,  sec- 
tions 1-3,  new  section  10  (Int.  No.  246),  by  Mr. 

Berri 96,     107 

conspiracies,  acts  singly,  in  concert,  article  1,  new  sec- 
tion (Int.  No.  598),*  by  Mr.  Dahm 197,     240 

contractors,  public  work,  employees,  article  3,  sections 

26,  27  and  new  section ;  article  10,  section  2 ;  article 

12,  sections  1,  2  (Int.  No.  313),  by  Mr.  Low 120 

175,  417,     525 
Department  of,  article  5,  new  section  (Int.  No.  545), 

by  Mr.  Parsons 189 

eight-hour  day,  public  work,  article  1,  new  section  (Int. 

No.   394),  by  Mr.   Curran 144 

employees,  protection,  laws  for,  article  1,  section  19, 

and  new  section  (Int.  No.  405),  by  Mr.  Parsons.  .  .      149 

248,  440,     442 
employees,  protection,  laws  for,  article  3,  new  section 

(Int.  No.  194),  by  Mr.  A.  E.  Smith.  .81,  223,  331,     346 
employees,  protection,  laws  for,  article  1,  section  19, 

and  new  section  (Int  No.  196),  by  Mr.  A.  E.  Smith .        81 

248 
industry,  State  department  of,  establish,  article  5,  new 

section  (Int.  No.  270),  by  Mr.  Parsons 105,     236 

labor  disputes,  armed  forces,  article  4,  sections  4,  6,  and 

new  section  (Int.  No.  397),  by  Mr.  Curran 145 

labor  not  a  commodity,  article  1,  section  6  (Int.  No. 

358),  by  Mr.  Wagner 136 

labor  unions,  formation  of,  article  8,  new  section  15 

(Int  No.  181 ),  by  Mr.  L.  M.  Martin 75 

manufacturing  in  dwellings,  article  3,  new  section  (Int. 

No.  407),  by  Mr.  Parsons 150,  333,  346,  628,     635 

645,     646 


INDEX  857 

Labor  —  Continued :  PAGE 

manufacturing,  in  dwellings,  regulating,  article  3,  new 

section  (Int.  No.  195),  by  Mr.  A.  E.  Smith 81,     333 

manufacturing,  unreasonable  laws,  article  3,  new  sec- 
tion (Int.  No.  573),  by  Mr.  Dunmore 193,  273,     284 

306,     307 
minimum  wage  laws,  prohibited,  article  3,  new  section 

(Int.  No.  701),  by  Legislative  Powers  Committee.      309 
377,  428,  478,  479,  480,  499,  500,  504,     508 
minimum  wage  laws,  article  3,  new  section  (Int.  No. 

193),  by  Mr.  A.  E.  Smith 81,  162,  435,  657,     658 

minimum  wage  laws,  prohibited,  article  3,  new  section 

(Int.  No.  315),  by  Mr.  Barnes 120,  126,  135,     278 

301,  310,     383 
occupational  diseases,  article  1,  sections  18,  19   (Int. 

No.   714),  by  Industrial  Interests  Committee....     432 

628,  635,     647 
pressure,  steam,  gas,  etc.,  regulating,  article  3,  new  sec- 
tion (Int.  No.  488),  by  Mr.  Fogarty 177,     342 

products,  of  prison  labor,  sale,  article  3,  section  29  (Int. 

No.  465),  by  Mr.  Tierney 167,     341 

public  works,  labor  on,  regulating,  article  12,  section 

13;  article  1,  new  section    (Int.  No.   68),  by  Mr. 

Wagner 44^,  257,     417 

stockholders'  liability  for,  article  8,  new  section  (Int. 

No.  337),  by  Mr/Bayes 126,  127,     345 

strikes,  lockouts,  regulation,  article  1,  section  9   (Int. 

No.  203),  by  Mr.  Eosch 82,  94 

supervision,  commerce  and  labor  department,  article  5, 

section  2  (Int.  No.  86),  by  Mr.  E.  N.  Smith 46 

unemployed,  relief  of,  article  8,  new  section  (Int.  No. 

392),  by  Mr.  Curran 144 

workmen's  compensation  commission,  labor  department, 

separate,  article  5,  new  section  (Int.  No.  602),  by 

Mr.   O'Connor    197 

women's  compensation,  labor,  laws  for,  article  1,  new 

section  19  (Int.  No.  554),  by  Mr.  Eisner.  .  190,  248,     432 
workmen's  compensation,  labor,  legislature  to  regulate, 

article  12,  section  1,  2  (Int.  No.  655),  by  Mr.  Green     211 

223,  417,     525 


858  INDEX 

Labor— Continued:  PAGE 

workmen's  compensation  laws,  etc.,  article  1,  section  19, 

and  new  section  (Int.  No.  422),  by  Mr.  Curran.  ..  .  .      152 
workmen's  compensation  laws,  article  1,  section  18  (Int. 

No.  406),  by  Mr.  Parsons 150 

workmen's  compensation  laws,  enactment,  article  1,  sec- 
tion 19  (Int.  No.  376),  by  Mr.  Foley 142,     432 

workmen's  compensation,   State  insurance,   article  3, 

new  section  (Int.  No.  393),  by  Mr.  Curran 144 

workmen's  compensation,   State  insurance,   article   1, 

section  19  (Int.  No.  603),  by  Mr.  O'Connor 197 

workmen's  compensation,  unemployed,  laws  article  1, 

section  18  (Int.  No.  408),  by  Mr.  Parsons 150,     248 

Land  division,  Supreme  Court,  establishing,  article  6  (Int. 

No.  2),  by  Mr.  Reeves 27 

Land  division,  Supreme  Court,  establishing,  article  6,  new 

section  (Int.  No.  527),  by  Mr.  Reeves 187 

Land  office  commissioners,  article  5,  repeal  section  5 ;  new 
section   (Int.  No.  725),  by  Governor  and  Other  State 

Officers  Committee 615,  641,  642,     648 

Land  office,  commissioners,  canal  board,  article  5,  section  5 

(Int.  No.  363),  by  Mr.  Austin 137,  329,     378 

Land  office,  commissioners  of,  establishing,  etc.,  article  5. 

section  3  (Int.  No.  404),  by  Mr.  Latson 149,     456 

Lands   division,   conservation   department,    article   7,   new 

section  7  (Int.  No.  438),  by  Mr.  Green 159,     361 

Lands,   State,   control   engineering   department,   article   5, 

new  section  (Int.  No.  645),  by  Mr.  Landreth 210,     232 

Lands,  State,  keep  as  forest  lands,  article  7,  new  section  7 

(Int.  No.  433),  by  Mr.  Meigs 158,     361 

Lands  under  water,   grants,   article   1,  new  section   (Int. 

No.  546),  by  Mr.  Low 189,     249 

Lands  under  water,  grants  indeterminate,   article  3,  new 

section  30  (Int.  No.  549),  by  Mr.  Low 190,     249 

Law,  admission  to  practice,  oath,  article  13,  section  1  (Int. 

No.  153),  by  Mr.  Clearwater 68 

Law,  practice  of  city  judge,  surrogate,  article  6,  section  20 

(Int.  No.  514),  by  Mr.  Nye 181 

Law,  practice  by  judges,  prohibited,  article  6,  section  20 

(Int.  No.  224),  by  Mr.  Buxbaum 91 

Law,  practice  by  judges,  prohibited,  article  6,  section  20 
(Int.  No.  255),  by  Mr.  R.  B.  Smith 97 


INDEX 


859 


Labor  —  Continued :  PAGE 

Law,  practice,  county  judges,  surrogates,  article  6  (Int.  No. 

718),  by  Judiciary  Committee.  .480,  523,  526,  532,  534,  536 
537,  539,  551,  590-594,  614,  618,  619 
Law,  State  department  of,  establishing,  article  5,  section  2 

(Int.  No.  86),  by  Mr.  E.  N.  Smith 46,  223,     227 

Laws,  affecting  counties  in  New  York  city,  article  12,  sec- 
tion 2   (Int.  No.  373),  by  Mr.  Mann 141 

Laws,  classification,  index,  etc.,  article  6,  section  1   (Int. 

No.  277),  by  Mr.  Eodenbeck 105 

Laws,  complete  in  themselves,  article  3,  section  17   (Int. 

No.  275),  by  Mr.  K.  B.  Smith 105,  239,  278,     302 

Laws,  constitutionality,  article  6,  section  2  (Int.  No.  591), 

by  Mr.  Mandeville 196 

Laws,  constitutionality,  article  3,  section  16  (Int.  No.  579), 

by  Mr.  K.  B.  Smith 194,     295 

Laws,  constitutionality  of,  article  3,  new  section  (Int.  No. 

421),  by  Mr.  Curran 152 

Laws,  constitutionality  of,  article  6,  section  3    (Int.  No. 

306),  by  Mr.  McKinney 119 

Laws,  constitutionality  of,  determining,  article  6,  section  9 

(Int.  No.  147),  by  Mr.  Shipman 67 

Laws,  constitutionality,  referendum,  new  article  (Int.  No. 

558),  by  Mr.  Eisner 191,     215 

Laws,  equal  protection  for  all,  article  1,  section  6  (Int.  No. 

16),  by  Mr.  Brackett 29 

Laws,  for  county  in  a  city,  article  3,  section  26 ;  article  12, 

section  2  (Int.  No.  314),  by  Mr.  Wiggins 120,     525 

Laws,  proposed,  Court  of  Atppeals,  opinion,  article  6,  new 

section  (Int.  No.  544),  by  Mr.  Parsons 189 

Laws,  referendum  to  voters,  article  3,  new  section  30'  (Int. 

No.  556),  by  Mr.  Eisner 191 

Laws,  revision,  commission  for,  article  3,  new  section  (Int. 

No.  584),  by  Mr.  R  B.  Smith 195 

Laws,  sale  of,  Legislature  to  provide  for,  article  6,  section  21 

(Int.  No.  323),  by  Mr.  Dunmore 121 

Laws,  time  of  taking  effect,  article  3,  section  17  (Int.  No. 

324),  by  Mr.  Dunmore 121 

Leave  of  absence,  granted  to: 

Mr.  Allen,  Y.  M 95 

Mr.  Austin,  H.  Le  Eoy 71 


860  INDEX 

Leave  of  absence,  granted  to  —  Continued :  PAGE 

Mr.  Barnes 33,  49 

Mr.  Berri 183,  299 

Mr.  Betts 183 

Mr.  Blauvelt 357 

Mr.  Buxbaum 558 

Mr.  Clinton 33 

Mr.  Cole 357 

Mr.  Cullinan 95 

Mr.  Curran 558,  563 

Mr.  Deyo 62,  328,  501 

Mr.  Dick 536 

Mr.  Dunmore 536 

Mr.  Eisner 558 

Mr.  Fancher 588 

Mr.  Griffin 576 

Mr.  Hinman 33,  62 

Mr.  Johnson 576 

Mr.  Kirby 246 

Mr.  Landreth 107 

Mr.  Leggett 377 

Mr.  Lewis,  E.  E 141 

Mr.  Lindsay 114,  260 

Mr.  Low 222 

Mr.  McKinney 71 

Mr.  Mulry.  .  . 336,  357 

Mr.  Nicoll,  Delancey   33 

Mr.  O'Brian,  J.  L.  .' 77,  124,  536 

Mr.  O'Brien,  M.  J 33,  88 

Mr.  Phillips 536 

Mr.  Potter 341 

Mr.  Quigg 107 

Mr.  Reeves • 357 

Mr.  Rhees 114 

Mr.  Sherrill,  K".  B 145 

Mr.  Shipman,  A.  J 33,  536 

Mr.  Stanchfield 95 

Mr.  Tuck 95?  124 

Mr.  Unger 558 

Mr.  Vanderlyn 536,  558 

Mr.  Wadsworth 328 


INDEX  861 

Leave  of  absence,  granted  to  —  Continued :  PAGE 

Mr.  Wafer 33 

Mr.  Waterman 328 

Mr.  Weed 379 

Mr.  Whipple 95 

Mr.   Wickersham 88 

Mr.  Williams 37 

Mr.  Wood 107,  538 

Legislative  counsel,  providing  for,  article  3,  section  15  (Int. 

No.  184),  by  Mr.  Rodenbeck 76,  125 

Legislative    Index    Publishing    Company,    communication 

from   146,  201 

Legislative  librarian   and  assistant,   thanks  of  convention 

tendered  to,  for  efficient  services 760 

Legislative  power,  in  Senate  of  60,  article  3,  section  1  (Int. 

No.  41),  by  Mr.  McKinney 38,  200 

Legislature : 

acts  of,  constitutionality,  determining,  article  6,  sec- 
tion 3  (Int.  No.  306),  by  Mr.  McKinney 119 

adjournment,  either  House,  period  of,  article  3,  sec- 
tion 11  (Int.  No.  191),  by  Mr.  Bayes 81 

adjournment,  fixing,  sessions,  etc.,  article  10,  sec- 
tion 6  (Int.  No.  190),  by  Mr.  Bayes 81 

appropriation  required,  statement  transmitted,  article 
5,  new  section  (Int.  No.  341),  by  Mr.  A.  E.  Smith.      128 

224,     383 

appropriation,  to  meet  public  improvement  bonds, 
article  7,  new  section  (Int.  No.  340),  by  Mr.  A.  E. 
Smith 128 

appropriations,  increase  over  budget,  article  4,  sec- 
tion 9  (Int.  No.  157),  by  Mr.  E.  N.  Smith 68 

appropriations,  limit  to  income,  article  5,  new  section 

(Int.  No.  416),  by  Mr.  Wadsworth 151,     383 

appropriations,  private,  local,  regulating,  article  3,  sec- 
tion 20  (Int.  No.  719),  by  Finance  Committee. .  513,     547 

557,  607,     631 

appropriations,  State  Board  of  Estimate,  article  4,  new 
section  10  (Int.  No.  19),  by  Mr.  Aiken 29,  42,     383 

appropriations,  State  Budget  Commission,  article  4, 
new  section  10  (Int.  No.  13),  by  Mr.  C.  H.  Young.       29' 

155,     383 


862  INDEX 

Legislature  —  Continued :  PAGE 

appropriations,  State  budget,  etc.,  article  5,  new  sec- 
tion (Int.  No.  630),  by  Mr.  Parsons 207,     384 

approbations,  State  budget,  etc.,  article  4,  section  4 
(Int.  No.  221),  by  Mr.  Pelletreau 91,  156,     383 

appropriations,  State  budget  for,  article  3,  section  21 

(Int.  No.  709),  by  Finance  Committee 384,     445 

446,  454,  455,  501,  510,     519 

appropriations,  State  budget,  limit,  article  3,  new  sec- 
tion (Int.  No.  432),  by  Mr.  Meigs 158,     384 

assemblymen,  two-year  terms,  article  3,  section  2  (Int. 
No.  32),  by  Mr.  Wiggins 36 

Legislature,  bills: 

appropriation  bills,  introducing,  time,  article  3,  sec- 
tions 21,  22;  article  4,  section  4  (Int.  No.  458),  by 
Mr.  J.  G.  Saxe 166,  204,  384 

appropriation  bills,  must  state  purpose,  etc.,  article  3, 

section  21  (Int.  No.  326),  by  Mr.  K.  B.  Smith 122 

153,     215 

appropriation  bills,  passage,  regulating,  article  3,  sec- 
tions 15,  20,  21,  24  (Int.  No.  338),  by  Mr.  A.  E. 
Smith 127,  232,     233 

appropriation  bills,  veto  part,  article  4,  section  9  (Int. 
No.  343),  by  Mr.  Tanner 128 

appropriation,  originating  in  Assembly,  article  3,  sec- 
tion 13  (Int.  No.  168),  by  Mr.  Pelletreau 73 

approval  by  Governor,  time,  article  4,  section  9  (Int. 
No.  304),  by  Mr.  Betts 118 

approval  by  Governor,  time,  article  4,  section  9  (Int. 
No.  360),  by  Mr.  Tanner 136,     291 

approval  by  legislative  counsel,  etc.,  article  3,  section 

15  (Int.  No.  184),  by  Mr.  Eodenbeck 76,     125 

city  bills,   return  from  mayor,   article   12,   section  2 

(Int.  No.  568),  by  Mr.  Ostrander 193 

civil  code  bills,  veto,  Appellate  Division,  Court  of  Ap- 
peals, article  3,  new  section  (Int.  No.  622),  by  Mr. 
Baldwin 206 

counties  in  New  York  city,  mayor's  approval,  article 
12,  section  2  (Int.  No.  373),  by  Mr.  Mann 141 

direct  tax  bills,  amount,  object,  article  3,  section  24 
(Int.  No.  303) ,  by  Mr.  R.  B.  Smith 117,     235 


INDEX  863 

Legislature  —  bills  —  Continued :  PAGE 

emergency  message,  eliminating,  article  3,  section  15 

(Int.  No.  601),  by  Mr.  O'Connor 197,     216 

final  passage,  call  members'  names,  article  3,  section  15 

(Int.  No.  628),  by  Mr.  Parsons 207 

final  passage,  quorum  vote,   art.   3,   section  15    (Int. 

No.  112),  by  Mr.  E.  B.  Smith 55 

introduction,  after  January  15,  prohibited,  article  3, 

section  13  (Int.  No.  192),  by  Mr.  Bayes 81 

introduction  by  Governor,  etc.,  article  4,  section  4  (Int. 

No.  182),  by  Mr.  Deyo , 75 

introduction,  period  of ;  legislative  term,  article  3,  new 

section  11  (Int.  No.  69),  by  Mr.  Griffin 44 

local,  private,  more  than  one  subject,  article  3,  sec- 
tion 16  (Int.  No.  579),  by  Mr.  R  B.  Smith. .  .194,  295 
passage,  limit  to  fifty  a  week,  article  3,  section  13  (Int. 

No.  667),  by  Mr.  Westwood 213,  290,     291 

passage,   regulating,    article   3,   section   15    (Int.    No. 

589),  by  Mr.  Mandeville 196 

passage  under  emergency  message,  abolish,  article  3, 

section  15  (Int.  No.  78),  by  Mr.  Austin.  .  .45,  125,     135 

222,  288,  302,  451,  515 
printing  books,  etc.,  providing  for,  article  3,  new  sec- 
tion (Int.  No.  525),  by  Mr.  Coles 186 

private,  local,  etc.,  article  3,  section  18  (Int.  No.  567), 

by  Mr.  Barnes 192 

private,  local,  franchise,  regulating,  article  3,  section 

18  (Int.  No.  624),  by  Mr.  Wickersham.  .206,  217,     284 

287,  290,  314,  335 
revising,  legislative  counsel,  article  3,  new  section  (Int. 

No.  584),  by  Mr.  K.  B.  Smith 195 

tax  bills,  direct,   partial  veto,   article  4,  new  section 

(Int.  No.  211),  by  Mr.  R  B.  Smith 83,     155 

taxes,  direct,  partial  veto,  article  4,  section  9  (Int.  No. 

209),  by  Mr.  Deyo 83,  125,     126 

Legislature : 

composed  of  two  houses,  no  increase  in  membership, 

annual  sessions 102,  169,  171,     199 

constitutional  amendments,  on  desks  five  days,  article 

14,  section  1  (Int.  No.  33),  by  Mr.  Austin 36 

corrupt  practices  laws,  article  13,  new  sections  5,  6,  7 

(Int.  No.  63),  by  Mr.  Buxbaum 43 


864  INDEX 

Legislature  —  Continued :  PAGE 

Court   of  Appeals,    opinions,    requiring,   new   section 

(Int.  No.  9),  by  Mr.  Donnelly 28 

election  of,  by  proportional    representation,    article    2 

new  section  (Int.  No.  135),  by  Mr.  Low 64 

elections,  registration,  absent  voters,  article  2,  new  sec- 
tion (Int.  No.  127),  by  Mr.  Wiggins. .  59,  294,  336,  340 
elections,  registration,  voting,  article    2,    new    section 

(Int.  No.  42),  by  Mr.  Steinbrink 38,  293,  294,     336 

340 
eligibility,  municipal  office  holder,  article  3,  section  8 

(Int.  No.  3),  by  J.  J.  White 27 

jurors,  commissioner  of,  appointment,  etc.,  article  3, 

section  18  (Int.  No.  44),  by  Mr.  Brenner 38 

jury,  of  six  or  more,  providing  for,  article  1,  section  2, 

(Int.  No.  45),  by  Mr.  Bayes 38 

legislative  branch  of  government,  cost  of,  years  1901 

to  1915 62,     112 

Legislature,  members: 

act  as  notaries  during  term,  article  3,  section  7  (Int. 

No.  205),  by  Mr.  Wiggins 83 

acting  as  attorney,  before  State  officials,  article  3,  new 

section  (Int.  No.  653),  by  Mr.  Cobb 211 

assemblymen,  districts,  New  York  City,  article  3,  sec- 
tion 5  (Int.  No.  335),  by  Mr.  Buxbaum 127 

assemblymen,  increase  number;  Senate  abolished,  arti- 
cle 3,  sections  1,  6-12,  14,  15,  16,  20,  25,  repeal 
sections  3,  4,  14  (Int  No.  230),  by  Mr.  Kirk. .  .92,     200 
assemblymen,  number,  districts,  etc.,  article  3,  new  sec- 
tion 5  (Int.  No.  355),  by  Mr.  A.  E.  Smith 130 

assemblymen,  number  of,  article  3,  section  5  (Int.  No. 

317),  by  Mr.  Bunce 120 

assemblymen,  number  of,  increasing,  article  3,  section 

5  (Int.  No.  174),  by  Mr.  Haffen 74 

civil  appointment,  U.  S.   Senate,  article  3,  section  7 

(Int.  No.  501),  by  Mr.  Parsons 179 

districts,  reapportion,  article  3,  sections  3-5 ;  article  6, 
section  1;  article  12,  section  2  (Int.  No.  389),  by 

Mr.  Betts 144 

districts,  reapportion,  article  3,  section    4    (Int.  No. 

559),  by  Mr.  Griffin 191 


INDEX  865 

Legislature,  members  —  Continued :  PAGE 

districts,  reapportioning,  article  3,  section  4  (Int.  No. 

680),  by  Legislative  Organization  Committee.  .235,     255 

276 
districts,  reapportioning,  article  10,  section  6 ;  article  3, 

sections  2-5,  8;  repeal  section  7  (Int.  No.  722),  by 

Legislative  Organization  Committee 556,  629,     638 

645,  647,  652,  653 
districts,  reapportioning,  by  legislature,  article  3,  sec- 
tion 4  (Int.  No.  684),  by  Mr.  Haffen 237 

law  delay,  State  commission,  memorial  from 256 

legislative  counsel,  drafting  bureau,  article  3,  new  sec- 
tion (Int.  No.  547),  by  Mr.  Low 190,     216 

number,  terms,  districts,  article  3,  sections  2-4  (Int. 

No.  693),  by  Mr.  Haffen 257 

number,  terms,  fixing,  article   3,    section  2  (Int.  No. 

626),  by  Mr.  C.  Nicoll 207 

other  appointments,  eligibility,  etc.,  article  3,  section 

7,  8  (Int.  No.  130),  by  It.  B.  Smith 59 

private  business,  engage  in,  article  5,  new  section  (Int. 

No.  150),  by  Mr.  Burkan 67 

salary,  increasing,  article  3,  section  6  (Int.  No.  697), 

by  Legislative  Organization  Committee.  .296,  406,     407 

510,  518,  555,  561,  585,  586 
salary,  increasing,  article  3,  section  6  (Int.  No.  294), 

by  Mr.  Tuck Ill 

salary  of,  article  3,  section  6  (Int.  No.  133),  by  Mr. 

Harawitz 64 

salary,  $3,000,  article  3,  section  6  (Int.  No.  396),  by 

Mr.  Curran 145 

senators,  number,  districts,  etc.,  article    3,    section    4 

(Int.  No.  228),  by  Mr.  Foley 92 

senators,  number,  term,  etc.,  article  3,  sections  1-4; 

article  14,  section  1  (Int.  No.  276),  by  Mr.  Schur- 

man 105,  200,  255,     276 

senators,  one  year  term,  article  3,  section  2 ;  article  14, 

section  1  (Int  No.  600),  by  Mr.  Dahm 197 

senators  100 ;  assembly  abolished,  article  3,  sections  1, 

2  (Int.  No.  299),  by  Mr.  Bernstein 117,     201 

term,  senators  4  years,  assemblymen  2  years,  article  3, 

section  2  (Int.  No.  47),  by  Mr.  Griffin 39 

28 


S66  INDEX 

Legislature,  members  —  Continued :  PAGE 

terms,  doubling,  article  3,  section  2  (Int.  No.  166),  by 

Mr.  Pelletreau 73 

terms,  doubling,  article  3,  section  2  (Int.  No.  459),  by 

Mr.  Tanner 166 

terms,  doubling,  article  3,  section  2  (Int.  No.  417),  by 

Mr.  Wadsworth 151,     215 

Legislature,  powers  of: 

absent  electors,  summer  resorts,  regulating,  article  2, 

sections  1,  4,  6;  article  12,  section  1  (Int.  No.  678), 

by  Mr.   Dunmore .231,     282 

actions  against  State,  regulating,  article  1,  section  1 

(Int.  No.  95),  by  Mr.  Westwood 47,  248,     306 

acts  of,  constitutionality,  new  section  (Int.  No.  558), 

by  Mr.  Eisner 191,     215 

adjutant-general,  major-general,  aides,  etc.,  article  11, 

section  4  (Int.  No.  531),  by  Mr.  Latson.  .187,  329,     443 

451,     516 
appropriation,  as  sinking  fund,  article  7,  section  11 

(Int.  No.  520),  by  Mr.  Lincoln 182 

appropriations,  private,  local,  prohibited,  article  3,  sec- 
tion 20  (Int.  No.  266),  by  Mr.  Mann 104 

appropriations,  reviving,  article  3,  section  21  (Int.  No. 

79),  by  Mr.  Austin . .  .  \ 45 

auditor-general,  election  of,  article  5,  new  section  (Int. 

No.  675),  by  Mr.  Francbot 231 

building  zones,  municipalities,  article  3,  new  section 

(Int.  No.  724),  by  Cities  Committee 579 

buildings,  height,  etc.,  regulating,  article  3,  new  sec- 
tion (Int.  No.  669),  by  Mr.  Bannister 225,     579 

.     buildings,  zones,  etc.,  regulating,  article  3,  new  section 

(Int.  No.  670),  by  Mr.  Bannister 225,     579 

canal  lands,  abandoned,  sale  of,  article  7,  section  8 

(Int.  No.  159),  by  Mr.  Cobb 69,  85,     218 

canals,  tolls,  regulating,  article  7,  section  9  (Int.  No. 

345),  by  Mr.  Wiggins , 129 

charities  and  correction,  department,  regulating,  article 

8,  sections  11,  12  (Int.  No.  593),  by  Mr.  Parmenter.     196 

224,     239 
children's  courts,  domestic  relations  courts,  article  6, 

new  section  24  (Int.  No.  564),  by  Mr.  Clearwater. .      192 


INDEX  867 


PA(iE 


Legislature,  powers  of  —  Continued : 

cities,  home  rule,  powers,  article  12,  section  1   (Int. 

No.  374),  by  Mr.  Mann 141,     417 

cities,  lands,  use,  restricting,  article  1,. section  7  (Int. 
No.  .282),  by  Mr.  Mann 109 

cities,  laws  affecting,  general,  article  12,  sections  2,  3, 

(Int.  No.  689),  by  Mr.  Fobes 238,     417 

cities,  moneys,  expending,  laws  for,  article  12,  section 

2  (Int.  No.  676),  by  Mr.  Berri 231,     417 

cities,  villages,   creation,  government,   article  12,   sec- 
tion 1  (Int.  No.  254),  by  Mr.  K.  B.  Smith 97,     259 

359,  417,     447 

cities,  villages,  government,  regulating,  article  12,  sec- 
tions 1,  2  (Int.  No.  655),  by  Mr.  Green 211,     223 

417,     525 

civil  service  appointments,  regulating,  article  5,  section 

9  (Int.  No.  508),  by  Mr.  Quigg 180,     580 

civil  service,   charges,   tribunals,   article  5,   section  9 

(Int.  No.  284),  by  Mr.  Mann 110,     580 

civil  service  commission,   constitutional  body,   article 
5,  section  9  (Int.  No.  657),  by  Mr.  Rhees.  .212,  216     580 

civil  service  commissions,  municipal,  abolish,  article  5, 
section  9  (Int.  No.  658),  by  Mr.  Rhees.  .  .212,  216,     580 

civil  service,  employees,  organizations,  article  5,  section 

9  (Int.  No.  281),  by  Mr.  Adams 109,     580 

civil  service  employees,  pensions,  article  5,  section  9 

(Int.  No.  297),  by  Mr.  M.  Saxe.  .  .' 116 

claims  against  state,  determine,  article  7,  new  section 

(Int.  No.  316),  by  Mr.  Ostrander 120 

claims  against  state,  regulating  actions,  article  6,  sec- 
tion 1  (Int.  No.  15),  by  Mr.  Brackett.  .  I 29,     306 

claims,  approval,  delegating  powers,  article  3,  section 

18  (Int.  No.  214),  by  Mr.  J.  G.  Saxe.  .84,  221,  286,     289 

335,     615 

claims,  private,  local  bills  for,  article  3,  section  19, 

(Int.  No.  550),  by  Mr.  Tanner.  .  .  .190,  279,  335,     615 

common  school  system,  free,  providing,  article  9,  sec- 
tion 1  (Int.  No.  103),  by  Mr.  Vanderlyn 54 

condemnation,    cities,    excess,    prohibiting,    article    1, 
section  7  (Int.  No.  321),  by  Mr.  Dunmore 121 


868  INDEX 

Legislature,  powers  of  —  Continued:  rAGE 
condemnation,  excess,  etc.,  regulating,  article  1,  sec- 
tions 6,  7  (Int.  No.  500),  by  Mr.  Parsons 179,     218 

condemnation,  local  assessments,  etc.,  article  1,  sections 
6,  7  (Int.  No.  720),  by  Bill  of  Rights  Committee.  .      514 

600,  641,  654,  657,  658,     659 
condemnation,  power  of,  delegating,  article  1,  section 

6  (Int.  No.  442),  by  Mr.  Frank 163 

conservation  advisory  board,  regulating,  article  5,  new 

section  (Int.  No.  569),  by  Mr.  Angell 193,     361 

conservation  board,  establishing,  article  7,  new  section 

7  (Int.  No.  433),  by  Mr.  Meigs 158,     361 

constitutional  amendments,  passage,  article  14,  sections 

1,  2  (Int.  No.  234),  by  Mr.  Low 93 

constitutional  amendments,  passing,  article  14,  new  sec- 
tion 2  (Int.  No.  539),  by  Mr.  Foley 188 

constitutional  amendments,  passing,  article  14,  sections 
1,  2,  3,  and  new  section  (Int.  No.  715),  by  Future 
Amendment  Committee.  .  .451,  558,  560,  574,  608,     609 

610,  624,     632 
constitutional  amendments,  publish,  article  14,  section 

1  (Int.  No.  213),  by  Mr.  Ahearn 84 

constitutional    amendments,    submitting,    convention, 

article  14,  sections  1,  2  (Int.  No.  257),  by  Mr.  Cobb.  97 
constitutional  convention,  delegates,  article  14,  section 

2;  repeal  sections  1,  2,  3   (Int.  No.  412),  by  Mr. 

Barnes 151 

constitutional  convention,  delegates,  article  14,  section 

2  (Int.  No.  395),  by  Mr.  -Curran 144 

contagious  diseases,  laws  regulating,  article  1,  new  sec- 
tion (Int.  No.  681),  by  Mr.  Donovan 237 

counties,  annexing  territory,  article  3,  section  5  (Int. 
No.  399),  by  Mr.  Coles/. •    14S 

counties,  government,  optional  plan,  article  3,  new  sec- 
tion (Int.  No.  524),  by  Mr.  Coles 186,     525 

counties,  optional  forms  of  government,  article  10,  sec- 
tions 1,2,  and  two  new  sections ;  repeal  article  3,  sec- 
tions 26,  27  (Int.  No.  202),  by  Mr.  Barrett 82,     525 

county  courts,  transfer  of  actions,  article  6,  section  14 

(Int.  No.  476),  by  Mr.  Rodenbeck. 168 


INDEX  869 

Legislature,  powers  of  —  Continued :  PAGE 

county  government,  forms  of,  changing,  article  3,  sec- 
tions 20,  27;  article  10,  section  2  (Int.  No.  721),  by 
County,  Town  and  Village  Committee.  .526,  612,  624,     634 
county  government,  optional  plans,  article  3,  sections 

26,  27,  and  new  section   (Int.  No.   462),  by  Mr. 

Barrett 166,  266,     525 

county  judges,  courts  of  sessions,  regulating,  article  6, 

section  14  (Int.  No.  14),  by  Mr.  C.  H.  Young 29 

county  judges,  increasing  number,  article  6,  section  14 

(Int.  No.  61),  by  Mr.  Frank 43 

county  judges,  surrogate,  salary,  article  6,  section  15 

(Int.  JSTo.  562),  by  Mr.  Rosen 192 

county   officers,   election,   terms,   article  10,   section   1 

(Int.  No.  594),  by  Mr.  Parmenter 196 

county,  town,  village,  officers,  article  10,  section  2  (Int. 

No.  319),  by  Mr.  L.  M.  Martin 121,     525 

Court  of  Appeals,  etc.,  jurisdiction,  article  6,  sections 

1-13  (Int.  No.  302),  by  Mr.  Gladding 117 

Court  of  Appeals,  opinion,  article  6,  new  section  (Int. 

No.  544),  by  Mr.  Parsons 189 

court  procedure,  regulating,  article  6,  new  section  2-a 

(Int.  No.  183),  by  Mr.  Rodenbeck 75 

court  procedure,   revise,   article  3,  new  section   (Int. 

No.  425),  by  Mr.  Sargent 157 

court  procedure,  rules,  fixing,  article  6,  new  section 

(Int.  No.  690),  by  Mr.  R.  B.  Smith 238,     259 

courts,   inferior  local,   jurisdiction,   article   6,   section 

18  (Int.  No.  542),  by  Mr.  Stimson 189 

courts,  local,  court  of  claims,  judges,  terms,  article  6, 

section  18  (Int.  No.  468),  by  Mr.  Cobb 167 

courts,  local,  justice  of  peace,  article  6,  sections  17, 

22,  23  (Int.  No.  163),  by  Mr.  Leggett '69 

courts,  magistrates,  local,  cities,  regulation,  article  6, 

sections  17,  18  (Int.  No.  536),  by  Mr.  Brenner.  .      188 
criminal  offenses,    answer   for,    regulating,    article    1, 

section  6   (Int.  No.  239),  by  Mr.  Austin 93 

death,  actions  for,  damages,  limiting,  article  1,  section 

18   (Int.  No.  18),  by  Mr.  Aiken 29 

debts,  State,  creating,  etc.,  article  7,  sections  2,  4,  5, 

11  (Int.  No.  692),  by  Finance  Committee 250,     287 


870  INDEX 

Legislature,  powers  of  —  Continued :  PAGE 

debts,  State,  laws  creating,  article  7,  section  4  (Int. 

No.   577),  by  Mr.   Cullinan 194 

debts,  State,  regulating,  article  7,  sections  2,  4,  5,  11, 

12    (Int.   No.   705),  by  Finance  Committee.  .315,     330 
342,  376,  382,  423,  424,  510,     518 

debts,  State,  serial  bonds,  appropriation  for,  article 
7,  section  4   (Int.  No.  509),  by  Mr.  Austin..  180,     245 

delegating,  prohibited,  except  to  municipal  corpora- 
tion, article  3,  new  section  19  (Int.  No.  58),  by 
Mr.   Buxbaum 40 

delegation,    powers,    prohibited,    article    3,    section    1 

(Int.  No.  250),  by  Mr.  Griffin. 96 

directors,  election,  cumulating  voting,  article  8,  sec- 
tion 3  (Int.  No.  648),  by  Mr.  E.  N.  Smith.  .210,     345 

documents,  production  of,  regulating,  article  1,  section 

6  (Int.  No.  11),  by  Mr.  C.  H.  Young 28,     244 

domestic  relations  courts,  first  class  cities,  article  6, 
new  section  15-a  (Int.  No.  443),  by  Mr.  Adams.  .      163 

district  courts,  limited  jurisdiction,  uniform,  article 
6,  section  18  (Int.  No.  595),  by  Mr.  Parmenter.  .      196 

education  boards,  cities,  appointing,  regulating,  article 
9,  new  section  (Int.  No.  471),  by  Mr.  R.  B.  Smith     168 

education  boards,  cities,  'State  system,  article  9,  sec- 
tion 1  (Int.  No.  403),  by  Mr.  Latson 149 

education  of  children,   State  function,  article  9,   sec- 
tion 1   (Int.  No.  698),  by  Education  Committee.  .      303 
357,  381,  453,  480,  507,  515,  524,  535,     585 

election  boards,  officers,  etc.,  regulating,  article  2,  sec- 
tion 6  (Int.  No.  22Q),  by  Mr.  Newburger 91 

election  frauds,  laws,  regulating,  article  2,  section  2 

(Int.  No.  652),  by  Mr.  Cobb 211 

election  laws,  absent  electors,  etc.,  article  2,  section  4 

(Int.  No.  711),  by  Suffrage  Committee.  .409,  444,     455 
466,  505,  506,  575,  577,  599,  605,     606 

election  laws,  enacted,  two-thirds  vote,  article  2,  sec- 
tion 4  (Int.  No.  165),  by  Mr.  Lincoln 69 

election  laws,  not  to  favor  parties,  article  3,  new  sec- 
tion (Int.  No.  699),  by  Legislative  Powers  Com- 
mittee  309,     378 


INDEX  871 

Legislature,  powers  of — Continued;  PAGE 

election  laws,  uniform,  article  2,  section  4  (Int.  Xo. 

456),  by  Mr.  T.  F.  Smith 165 

election  laws,  uniform,   bi-partisan  boards,   article  2, 

sections  4,  6  (Int  Xo.  497),  by  Mr.  T.  F.  Smith.  178 
election  laws,   voters,   speak   English,    article  2,   new 

section  (Int.  Xo.  686),  by  Mr.  C.  H.  Young.  .237,     254 

311,  380,  542,  545,  553,  554 
election  officers,   competitive  examinations,    article  2, 

section  6  (Int.  Xo.  236),  by  Mr.  Bernstein 93 

elections,  absent  electors,  vote,  law  for,  article  2,  new 

section  (Int.  Xo.  285),  by  Mr.  Mann 110,     294 

336,  340 
employees,  laws  for,  article  1,  section  19  and  new  sec- 
tion (Int.  Xo.  405),  by  Mr.  Parsons 149,     248 

440,  442 
employees,  protection,  laws  for,  article  1,  section  19, 

and  new  section    (Int.    Xo.    196),   by  Mr.   A.    E. 

Smith 81,     248 

employees,    protection,    provided   for,    article   3,    new 

section  (Int.  Xo.  194),  by  Mr.  A.  E.  Smith 81 

223,  331,  346 
excess  condemnation,  certain  cases,  article  1,  section 

7  (Int.  Xo.  617),  by  Mr.  Steinbrink 205,     230 

excise  department,   article  5,   new  section    (Int.   Xo. 

610),  by  Mr.  Whipple 199 

extra   sessions,    calling;    regulating    sessions,    annual 

budget,  article  4,  section  4  (Int.  Xo.  156),  by  Mr. 

E.  X.  Smith 68 

extra  sessions,  own  motion,  article  4,  section  4 ;  article 

3,  new  section  (Int.  Xo.  291),  by  Mr.  R  B.  Smith  111 
279,  303,  358,  452,  508,  511,  521,  535,  584,  585 
fines,  penalties,  delegate  power  to  prosecute,  article  3, 

new  section  (Int.  Xo.  70),  by  Mr.  Griffin 44 

fiscal  year,  fixing,  article  3,  section  21  (Int.  Xo.  158), 

by  Mr.   E.   X.   Smith 68,     383 

forest  lands,  timber,  sale,  cutting,   regulation,  article 

7,  section  7  (Int.  Xo.  128),  by  Mr.  Austin.  .59,  89,  360 
forest  preserve,  camp  sites,  roads,  forestation,  article ; 

7,  section  7  (Int.  Xo.  37),  by  Mr.'  R  B.  Smith.  .37,     360 


872  INDEX 

Legislature,  powers  of  —  Continued :  PAGE 

forest  preserve,  cutting  timber,   article   7,   section  7 

(Int.  No.  219),  by  Mr.  Bunce 86,  232,     360 

forest   preserve   lands,    use   of,    new    article;    repeal 
article  7,  section  7  (Int.  No.  708),  by  Conservation 
Committee.. 360,    376,    424,    427,   429,   432,    442,     524 
535,  552,  588,  589,  613,  616,     618 

forests,  commissioners  of,   regulating,   etc.,   article   7, 
section  7  (Int.  No.  375),  by  Mr.  Baldwin 141     361 

forests,  condemnation  by  State,   etc.,   article  7,   new 
section  (Int.  No.  543),  by  Mr.  Parsons 189 

forests,  laws  regulating,  article  7,  section  7  (Int.  No. 

154),  by  Mr.  Dunlap 68,  134,  140,     360 

forests,  water  storage,  etc.,  regulation,  article  7,  sec- 
tion 7  (Int.  No.  370),  by  Mr.  Dow 138,  232,     361 

franchises,  grant  in  perpetuity,  prohibited,  article  3, 
new  section  (Int.  No.  28),  by  Mr.  Low.  .  .36,  184,     218 

franchises,  indeterminate,  prohibiting,  article  3,  new 
section  30  (Int  No.  548),  by  Mr.  Low 190 

funded   debts,   municipalities,   regulating,    article   12, 

section  1  (Int.  No.  272),  by  Mr.  Yanderlyn 105 

115,     247 

gambling,  book-making,  prohibited,   article  1,  section 
9  (Int.  No.  644),  by  Mr.  Brackett 210 

gambling,  constitutionality,  prohibited,  article  1,  sec- 
tion 9   (Int.  No.  643),  by  Mr.  Brackett 209 

Governor,  speaker,  etc.,  succession,  regulating,  article 
3,  new  section  (Int.  No.  386),  by  Mr.  K.  B.  Smith     143 

guilty    plea,     judgment    by    magistrate,     regulating, 

article  1,  section  6  (Int.  No.  305),  by  Mr.  Kirby.      118 

Hamilton  county,  not  to  be  abolished,  article  3,  sec- 
tion 5  (Int.  No.  413),  by  Mr.  Dunlap 151 

Health  Department,  maintain,  tax  for,  article  8,  new 
section  16  (Int.  No.  668),  by  Mr.  Brackett .. 2 1 9,     456 

Health,  Department  of,  maintain,  article  8,  new  section 
16  (Int.  No.  300),  by  Mr.  Dunlap 117,     456 

highways,  appropriation,  apportioning,  article  7,  sec- 
tion 13  new  (Int.  No.  479),  by  Mr.  Westwood.169,     509 

highways,  cost,  apportioning,  article  7,  sections  4,  11, 

12  (Int.  No.  469),  by  Mr.  R.  B.  Smith 167 


INDEX  873 

Legislature,  powers  of  —  Continued :  PAGB 

highway  debts,  contribution,  laws,  article  7,  section  12 

(Int.  No.  521),  by  Mr.  Lincoln 182 

highway  sinking  fund,  laws  for,  article  7,  section  12 

(Int.  No.  99),  by  Mr.  Wagner 54 

home  rule,  cities,  article  12,  section  1  (Int.  No.  511), 
by  Mr.  E.  N.  Smith 181,  261,  417,     525 

home  rule,  cities,  article  12,  section  13  (Int.  No. 
613),  by  Mr.  Weed 205,     417 

home  rule,  cities,  optional  plan,  article  12,  sections 
1-3,  new  sections  4-6  (Int.  No.  662),  by  Mr. 
Franchot 212,  417,     448 

home  rule,  cities,  villages,  article  12,  sections  1-3,  new 

sections  4,  6  (Int.  No.  650),  by  Mr.  Cobb 211,     233 

417,     525 

home  rule,  cities,  villages,  article  12  new  (Int.  No. 
553),  by  Mr.  Eisner 190,  417,     525 

home  rule,  cities,  villages,  article  12  (Int.  No.  331), 
by  Mr.  Franchot 123,     417 

home  rule,  cities,  villages,  article  12  (Int.  No.  280), 
by  Mr.  J.  L.  O'Brian 106,  156     417 

home  rule,  cities,  villages,  charter,  article  3,  new  sec- 
tion (Int.  No.  700),  by  Legislative  Powers  Com- 
mittee   309,     617 

home  rule,  cities,  villages,  article  12,  sections  1,  2,  3 

(Int.    No.    187),    by   Mr.   .Sanders 76,     417 

home  rule,  cities,  villages,  etc.,  article  3,  sections  26, 
27  and  new  section;  article  10,  section  2;  article 

12,  section  1,  2  (Int.  No.  313),  by  Mr.  Low 120 

175,  417,     525 

home  rule  for  cities,  constitutional  grant,  article  12, 

(Int.  No.  712),  by  Cities  Committee.  .  .417,  498,     501 
502,  527,  540,  541,  552,  556,  596-598,  613,  619,     620 

Indian    records,    preservation,    article    1,    section    15 

(Int.  No.  439),  by  Mr.  Lindsay. 160,     249 

Industrial  Board,  regulating,  article  5,  new  section 
(Int.    No.    270),    by   Mr.    Parsons 105,     236 

Industrial  Council,  departents,  powers,  article  5,  new 
section  (Int.  No.  545),  by  Mr.  Parsons 189 

inferior  local  courts,  article  6,  section  18  (Int.  No. 
208),  by  Mr.  Bunce 83 


874  INDEX 

Legislature,  powers  of  —  Continued :  PAGE 

inferior  local  courts,  cities,  article  6,  section  17  (Int. 

Xo.    252),   by   Mr.    Dunmore 1)7 

inferior  local  courts,  establishing,  article  6,  section  18 

(Int.  Xo.  72),  by  Mr.  Barrett 45 

inferior  local  courts,   jurisdiction,   article   6,   section 

18  (Int.  Xo.  256),  by  Mr.  Cobb 97 

inferior  local  courts,  jurisdiction  in  county,  article  6 

section  18  (Int.  Xo.  253),  by  Mr.  Dunmore 97 

inferior  local  courts,  jurisdiction,  regulating,  article  6, 

section  18  (Int.  Xo.  381),  by  Mr.  Angell 142 

inferior  local  courts,  territorial  jurisdiction,  article  6, 

section  18  (Int.  Xo.  107),  by  Mr.  Bockes 55 

initiative,  etc.,  laws,  taking  effect,  article  3,  section  1 

(Int.  Xo.  660),  by  Mr.  Dahm 212 

initiative,  referendum,  article  3,  new  section  (Int.  Xo. 

486),  by  Mr.  Dahm 177 

judges,  nomination,  regulating,  article  6,  new  section 

(Int.  Xo.  499),  by  Mr.  Parsons 179 

judicial  officers,  laws  abolishing,  article  6,  section  22 

(Int.  Xo.  400),  by  Mr.  Adams 149 

judicial  officers,  removal,  article  6,  section  18  (Int.  Xo. 

457),  by  Mr.  Wagner 165 

judiciary,  revising  generally,  article  6  (Int.  Xo.  718), 

by  Judiciary  Committee.  .480,  523,  526,  532,  534,  53G 
537,  539,  551,  590-594,  614,  618,  619 
juries,  eliminate,  certain  cases,  article  1,  section  2  (Int. 

Xo.  278),  by  Mr.  Kodenbeck 106 

juries,  exemptions  from,  prohibited,  article  3,  new  sec- 
tion 30  (Int.  Xo.  216),  by  Mr.  Wickersham 86 

juries,  number,  verdict,  regulating,  article  1,  section  2 

(Int.  Xo.  233),  by  Mr.  J.  G.  Saxe 93 

juries,  number,  waiving,  regulation,  article  1,  section  2 

(Int.  Xo.  292),  by  Mr.  Leggett Ill,     244 

juries,  verdict  by,  regulation,  article  1,  section  2  (Int. 

Xo.  217),  by  Mr.  Wickersham 86 

juries,  verdict  of,  regulating,  article  1,  section  2  (Int. 

Xo.  268),  by  Mr.  Mann 104 

juries,  verdict,  regulating,  article  1,  section  2  (Int.  Xo. 

350),  by  Mr.  Angell '. 129 

jurors,  additional,  to  fill  vacancy,  article  1,  section  2 

(Int.  Xo.  346),  by  Mr.  Wiggins 129 


INDEX  875 

Legislature,  powers  of  —  Continued:  PAGE 
jury  duty,  exemptions  from,  abolish,  article  3,  new  sec- 
tion 30  (Int.  No.  310),  by  Mr.  Brenner 119 

jury  duty,  State  commissioner  of  jurors,  etc.,  article  5, 

new  section  (Int.  No.  656),  by  Mr.  Green 211,     215 

jury,  fix  punishment,  regulating,  article  1,  section  2 

(Int.  No.  238),  by  Mr.  Griffin 93 

jury  trials,  regulating,  limiting,  etc.,  article  1,  section 

2  (Int.  No.  132),  by  Mr.  Weed 64 

justices  of  peace,  masters  county  courts,  article  6,  sec- 
tion 17  (Int.  No.  114),  by  Mr.  Kirby 55 

justices  of  peace,  qualifications,  regulation,    article   6, 

section  17  (Int.  No.  260),  by  Mr.  Coles 103 

juvenile  delinquents,  laws  for,  article  6,  new  section  24 

(Int.  No.  538),  by  Mr.  Ahearn 188 

labor,  actions  against  corporations  for,  time,  article  8 

new  section  (Int.  No.  337),  by  Mr.  Bayes 126,     127 

345 
labor  commissioner,  workmen's  compensation  commis- 
sion, regulating,  article  5,  new  section    (Int.    No. 

602),  by  Mr.  O'Connor 197 

labor,  8-hour  day,  article  1,  new  section  (Int.  No.  394), 

by  Mr.  Curran 144 

labor,  not  a  commodity,  laws,  article  1,  section  6  (Int. 

No.  358),  by  Mr.  Wagner 136 

land  division,  Supreme  Court,  article  6,  new  section 

(Int.  No.  527),  by  Mr.  Keeves 187 

lands  under  water,  grants,  article  3,  new  section  30 

(Int.  No.  549),  by  Mr.  Low 190,     249 

laws,  classification,  index,  etc.,  article  6,  section  1  (Int. 

No.  277),  by  Mr.  Bodenbeck 105 

laws,  complete  in  themselves,  article  3,  section  17  (Int. 

No.  275),  by  Mr.  K.  B.  Smith 105,  239,  278,     302 

laws,  for  county  in  a  city,  article  3,  section  26 ;  article 

12,  section  2  (Int.  No.  314),  by  Mr.  Wiggins.  .120,  525 
laws,  referendum  to  voters,  article  3,  new  section  30 

(Int.  No.  556),  by  Mr.  Eisner 191 

laws,  sale  of;  judicial  decision,  publication,  article  6, 

section  21  (Int.  No.  323),  by  Mr.  Dunmore. 121 

laws,  time  of  taking  effect,  article  3,  section  17  (Int. 

No.  324),  by  Mr.  Dunmore 121 


876  INDEX 

Legislature,  powers  of  —  Continued :  PAGE 

laws,  unreasonable,  prohibiting,  article  3,  new  section 

(Int.  No.  574),  by  Mr.  Dunmore 194 

legislative  powers,  regulating,  generally,  article  3  (Int. 

No.  696),  by  Legislative  Powers  Committee.  .285,  343 
423,  543,  613,  616,  624,  629,  635 
legislative  powers,  restricting  generally,  article  3,  new 

section  (Int.  No.  315),  by  Mr.  Barnes. .  .120,  126,     135 

278,  301,  310,  383 
libel,  reparative    publicity,  etc.,    article  1,  section  8 

(Int.  No.  677),  by  Mr.  Quigg 231 

liquor,  damage  by  intoxicated  persons,  article  1,  new 

section  (Int.  No.  390),  by  Mr.  Khees 144 

local  bills  for  drainage,  prohibited,  article  3,  section 

18  (Int.  No.  54),  by  Mr.  K,  B.  Smith 39 

mandatory  payroll  laws,  prohibited,  article  3,  new  sec- 
tion (Int.  No.  451),  by  Mr.  Baldwin 165 

manufacturing,  in  dwellings,  prohibited,  article  3,  new 

section  (Int.  No.  195),  by  Mr.  A.  E.  Smith 81,     333 

manufacturing  in  dwellings,  regulating,  article  3,  new 

section  (Int.  No.  407),  by  Mr.  Parsons.  .  .150,  333,     346 

628,  635,  645,  646 
manufacturing,  unreasonable  laws,  article  3,  new  sec- 
tion (Int.  No.  573),  by  Mr.  Dunmore 193,  273,     284 

306,  307 
militia,  equipment,  preparation,  article  11,  section  3 

(Int.  No.  533),  by  Mr.  Latson 187 

militia,  officers,  qualifications,  regulating,  article  11, 

section  5  (Int  No.  534),  by  Mr.  Latson.  .187,  329,     443 

452,  516 
militia,  roster  of,  laws  for,  article  11,  new  section  (Int. 

No.  530),  by  Mr.  Latson 187 

minimum  wage  laws,  article  3,  new  section  (Int.  No. 

193),  by  Mr.  A.  E.  Smith 81,  162,  435,  657,     658 

monied  corporations,  regulating,  article  8,  section  4  and 

repeal  sections  5-8  (Int.  No.  474),  by  Mr.  Leggett. .  168 
)  345 

monied  corporations,  regulating,  article  3,  new  section 

(Int.  No.  580),  by  Mr.  R.  B.  Smith 194,     345 

monopolies,  prohibiting,   article  3,  new  section    (Int. 

No.  492),  by  Mr.  Sargent 178,     345 


INDEX  877 

Legislature,  powers  of  —  Continued :  PA0E 

motor  bus  line,  franchises,  article  3,  section  18  (Int. 

No.  566),  by  Mr.  Mealy 192 

moving  pictures,  not  to  be  censored,  article  1,  section  8 

(Int.  No.  101),  by  Mr.  Eisner 54 

municipal  property,  tax,  regulating,  article  3,  new  sec- 
tion (Int.  No.  493),  by  Mr.  A.  E.  Smith 178,     279 

municipal  water  supply,  use  State  lands,  article  7,  sec- 
tion 7  (Int.  No.  312),  by  Mr.  Baldwin 119,     361 

New  York  city,  courts,  jurisdiction,  etc.,  article  6,  sec- 
tions 14,  17  (Int.  No.  215),  by  Mr.  Steinbrink 86 

New  York  city,  courts,  reorganizing,  article  6,  sec- 
tion 14  (Int.  No.  377),  by  Mr.  Wickersham 142 

New  York  city,  Municipal  Court,  jurisdiction,  article 

6,  section  17  (Int.  No.  621),  by  Mr.  Steinbrink.  . .      206 

New  York  city  to  be  single  county,  article  10,  sec- 
tion 1,  and  new  section;  article  12,  section  3  (Int. 
No.  449),  By  Mr.  Baldwin 164 

New  York  county,  general  sessions  courts,  abolish, 
article  6,  section  14  (Int.  No.  251),  by  Mr.  C.  H. 
Young 97 

official  referees,  powers,  regulating,  article  6,  new  sec- 
tion 24  (Int.  No.  463),  by  Mr.  C.  H.  Young.  .166,     245 

officials,  local,  pay,  Legislature  not  to  fix,  article  5, 

section  9  (Int.  No.  265),  by  Mr.  Mann.  .104,  118,     176 

officials,  public,  extra  compensation,  prohibited,  article 
3,  section  28  (Int.  No.  379),  by  Mr.  Mereness.  .142,     153 

officials,  public,  extra  compensation,  article  3,  section 

28  (Int.  No.  289),  by  Mr.  R.  B.  Smith 110,     153 

221,  281,  287,  302,  452,  507,  511,     520 

officials,  whose  election  not  provided  for,  article  10, 
section  2  (Int.  No.  146),  by  Mr.  M.  Saxe 67,     107 

officers,  public,  pay,  fixing,  article  3,  sections  18,  28 ; 
article  5,  section  1 ;  article  6,  section  15 ;  article  10, 
section  9  (Int.  No.  380),  by  Mr.  Mereness 142,     153 

offices,  abolishing,  transfers  of  powers,  article  3,  new 
section  (Int.  No.  245),  by  Mr.  0.  A.  Webber 96 

offices,  departments,  limiting,  article  5,  new  section  10 

(Int.  No.  186),  by  Mr.  Lincoln 76,     456 

Pardons,  Board  of,  providing,  article  8,  sections  11,  12, 
repeal  article  4,  section  5  (Int.  No.  269),  by  Mr. 
Marshall    104,  162,     344 


878  INDEX 

Legislature,  powers  of  —  Continued :  PAGE 

pensions,  creating,  actuarial,  basis,  article  7,  new  sec- 
tion (Int.  No.  683),  by  Mr.  Low 237,     250 

pensions,  granting,  referendum,  article  7,  new  section 

13  (Int.  No.  176),  by  Mr.  Cullinan 75 

physicians,  public  institutions,  pay,  article  3,  new  sec- 
tion (Int.  No.  672),  by  Mr.  Leitner 225 

police,  providing  free  transportation,  article  13,  sec- 
tion 5  (Int.  No.  204),  by  Mr.  Wiggins 82 

private  lands,  forest  preserve,  timber,  article  7,  sec- 
tion 7  (Int.  No.  84),  by  Mr.  E.  N.  Smith 46 

privileges,  minimum  wage,  laws  granting,  prohibited, 
article  3,  new  section  (Int.  No.  701),  by  Legislative 

Powers  Committee 309,  377,  428,  478,  479,     480 

499,  500,  504,     508 

prize  fights,  not  to  be  authorized,  article  1,  section  9 

(Int.  No.  139),  by  Mr.  Quigg 65 

property,  dangerous  to  health,  etc.,  taking,  article  1, 

new  section  (Int.  No.  671),  by  Mr.  Bannister.  .225,     579 

Public  Service  Commission,  laws,  article  5,  new  section 

(Int.  No.  482),  by  Mr.  Coles 176,     339 

Public  Service  Commission,  opinion,  requiring,  article 
5,  new  section  (Int.  No.  706),  by  Public  Utilities 

Committee 339,  507,  508,  509,  512,  523,     533 

547,  556,  607,  624,     640 

Public  Service  Commissioners,  Superintendent  of 
Banks,  insurance,  salary,  article  5,  section  1  (Int. 
No.  332),  by  Mr.  O'Connor 123 

Public  Utilities  Commission,  laws  regulating,  new 
article  (Int.  No.  249),  by  Mr.  Olcott.96,  162,  253,     339 

public  utilities,  rates,  laws  fixing,  article  3,  new  section 

19  (Int.  No.  162),  by  Mr.  Mandeville 69 

quorum,  temporary  presiding  officers,  article  3,  section 
10  (Int.  No.  290),  by  Mr.  K.  B.  Smith.  .111,  132,     239 

274,  288,  575,  600,     604 

recall,  providing  for,  article  13,  new  section  7   (Int. 

No.  557),  by  Mr.  Eisner 191 

records,  superintendent  of,  counties,  providing,  article 

10,  section  1  (Int.  No.  444),  by  Mr.  Reeves 164 

self-government,  cities  and  villages,  article  12,  sections 
1,  3;  article  1,  new  section  (Int.  No.  68),  by  Mr. 
Wagner   44,  257,     417 


INDEX  879 

Legislature,  powers  of  —  Continued :  PAGE 

Senate  districts,  altering,  article  3,  section  4  (Int.  No. 

231),  by-  Mr.  Sheehan 92 

Senate  districts,   reapportioning,   article  3,   section  4 

(Int.  No.  298),  by  Mr.  Bernstein 117 

Senate  districts,   reapportioning,   article  3,   section  4 

(Int.  No.  259),  by  Mr.  Betts 98 

Senators,  number  to  county,  article  3,  section  4  (Int. 

No.  673),  by  Mr.  M.  J.  O'Brien.  .  .231,  258,  262,     265 

267 
sessions,  biennial,  article  10,  section  6  (Int.  No.  167), 

by  Mr.  Pelletreau 73 

sessions,  biennial,  except  for  appropriations,  article  3, 

sections  2,  6  (Int.  No.  93),  by  Mr.  Standart 47 

sessions,  close  of,  odd-numbered  years,  article  10,  sec- 
tion 6  (Int.  No.  420),  by  Mr.  Wadsworth 152 

sessions,  date  of  beginning,  article  10,  section  6  (Int. 

No.  464),  by  Mr.  Wiggins 167 

sinking  funds,  surplus,  use  of,  article  7,  section  5  (Int. 

No.  199),  by  Mr.  Blauvelt 82 

sinking  fund,  surplus,  using,  article  7,  section  5  (Int. 

No.  629),  by  Mr.  Parsons 207 

State  College  and  University,  provide,  article  9,  new 

section  2  (Int.  No.  102),  by  Mr.  Unger 54 

State  constabulary,  prohibit,  article  4,  sections  4,  6, 

and  new  section  (Int.  No.  397),  by  Mr.  Curran.  .  .  145 
State  debts,  sinking  fund  for,  article  7,  section  4  (Int. 

No.  100),  by  Mr.  Wagner 54 

State   department,   reorganizing,    article    5,    section   2 

(Int.  No.  86),  by  Mr.  E.  N.  Smith 46,  223,     227 

State  highways,  debts  for,  article  7,  section  12  (Int. 

No.  430),  by  Mr.  Heaton.  . 158 

State  hospitals,  control,  regulation,  article  8,  section  11 

(Int.  No.  371),  by  Mr.  Steinbrink.  .141,  410,  540,     552 

596 
State  officers,  seats  in  Legislature,  article  5,  section  2 

(Int.  No.  223),  by  Mr.  Pelletreau. 91,     125 

statistics,  judicial,  providing,  article  6,  section  21  (Int. 

No.  454),  by  Mr.  Baldwin 165 

stock  exchanges,  regulating,  article  3,  new  section  (Int. 

No.  581), V  Mr.  B.  B,  Smith .  .  £ '.  . : .  ......  195,     345 


880  INDEX 

Legislature,  powers  of  —  Continued :  PAGK 

stocks,  produce,  markets,  regulating,  article  8,  new  sec- 
tion 4  (Int.  No.  388),  by  Mr.  Deyo 143,     345 

strikes,  lockouts,  regulation,  article  1,  section  9  (Ink 
No.  203),  by  Mr.  Rosch 82,       94 

supervisors,  delegating  powers  to,  article  3,  section  27 
(Int.  No.  288),  by  Mr.  R.  B.  Smith 110,     525 

Supreme  Court  commissioners,  certain  counties,  article 
6,  section  2  (Int.  No.  452),  by  Mr.  Baldwin 165 

Supreme  Court  justices,  power  to  increase,  abolished, 
article  6,  section  1  (Int.  No.  65),  by  Mr.  Steinbrink.       44 

surrogates,  powers,  etc.,  regulating,  article  6,  section  15 
(Int.  No.  487),  by  Mr.  Reeves 177 

tax  officials,  appointment,  election,  etc.,  article  10,  sec- 
tion 2  (Int.  No.  378),  by  Mr.  M.  Saxe 142,     152 

taxation,  counties,  department  assessment  and  collec- 
tion, article  10,  section  2  (Int.  No.  201),  by  Mr. 
Barrett 82 

taxation,  laws  regulating,  new  article  (Int.  No.  679), 
by  Taxation  Committee. .  .234,  311,  337,  357,  381,     382 
405,  406,  425,  467,  478,  502,  506,  511,  522,  553,     557 

589,  590,     650 

taxation,  regulating,  article  3,  section  24  (Int.  No. 
620),  by  Mr.  Steinbrink 206 

taxes,  direct  state,  levy,  limitation,  article  3,  section  15 

(Int.  No.  120),  by  Mr.  Baldwin 58 

taxes,  etc.,  delegate  power  to  collector,  article  3,  section 
24  (Int.  No.  283),  by  Mr.  Mann 110 

taxes,  municipal  property,  outside  limits,  article  3,  new 
section  30  (Int.  No.  429),  by  Mr.  Heaton 158 

titles,  registering,  laws  relating  to,  article  10,  new  sec- 
tion (Int.  No.  60),  by  Mr.  Coles 43 

unemployed,  relief,  providing,  article  8,  new  section 
(Int.  No.  392),  by  Mr.  Curran 144 

voting,  compulsory,  laws  for,  article  2,  new  section 
(Int.  No.  271),  by  Mr.  Donovan 105 

water  power,  storage,  lands  for,  regulating,  article  1, 
section  7  (Int.  No.  512),  by  E.  N.  Smith 181 

water,  water  power,  use  of,  regulating,  article  1,  new 
section  (Int.  No.  475),  by  Mr.  Rodenbeck.168,  235,     249 

woman  suffrage,  women's  sentiment,  article  2,  new  sec- 
tion (Int,  tfo,  382),  by  Mr.  Dunmore 143 


INDEX  881 

Legislature,  powers  of  —  Continued :  PAGE 

workmen's  compensation  laws,  enacting,  article  3,  new 

section  (Int.  No.  393),  by  Mr.  Curran 144 

workmen's  compensation  laws,  article  1,  section  19,  and 
new  section  (Int.  No.  422),  by  Mr.  Curran 152 

workmen's  compensation  laws,  article  1,  section  19i 
(Int.  No.  408),  by  Mr.  Parsons 150,     248 

workmen's  compensation  laws,  enactment,  article  1,  sec- 
tion 19  (Int.  No.  376),  by  Mr.  Foley 142 

workmen's  compensation,  laws,  etc.,  article  1,  new  sec- 
tion 19  (Int.  No.  554),  by  Mr.  Eisner.  .190,  248,     432 

workmen's  compensation  laws,  etc.,  article  1,  section  18 

(Int.  No.  406),  by  Mr.  Parsons 150 

workmen's  compensation,  occupational  diseases,  article 

1,  sections  18,  19  (Int.  No.  714),  by  Industrial  In- 
terests Committee 432,  628,  635,     647 

public  officers,  pay,  no  increase  during  term,  article  3, 

section  28  (Int.  No.  36),  by  Mr.  Mereness 37,     140 

salary,  Senators,  $4,000,  Assemblymen,  $3,000',  article 

3,  section  6  (Int.  No.  48),  by  Mr.  Griffin 39 

salary,  $3,000  article  3,  section  6   (Int.  No.  96),  by 

Mr.   Latson    53 

sessions,  after  thirty-day  period,  article  4,  section  9 

(Int.  No.  615),  by  Mr.  Buxbaum 205 

sessions,  after  thirty-day  period,  article  4,  section  9 

(Int.  No.  616),  by  Mr.  Buxbaum 205 

sessions,  every  month  except  July,  A.ugust,  article  10, 

section  6  (Int.  No.  638),  by  Mr.  Hinman 209 

terms  and  salaries,  biennial  sessions,  article  3,  sections 

2,  6  (Int.  No.  30),  by  Mr.  Kichards 36 

term,  Senators,  four  years,  Assemblymen,  two  years, 

article  3,  section  2  (Int.  No.  47),  by  Mr.  Griffin.  .        39 
unicameral,  sixty  Senators  at  $5,000,  article  3,  section 

1  (Int.  No.  41),  by  Mr.  McKinney 38,     200 

workmen's  compensation  law,  enacting,  article  1,  sec- 
tion 19  (Int.  No.  23),  by  Mr.  Aiken 30,  248,     432 

Letters    and    other   communications,    forwarded   by   mail, 

marked  "  official  business  " 48 

Libel,  prosecution  for,  article  1,  section  8  (Int.  No.  599), 

by  Mr.  Dahm 197,     240 

Libel,  reparative  publicity,  article  1,  section  8   (Int.  No. 
677),  by  Mr.  Quigg. 231 


882  INDEX 

.  PAGE 

Libraries,  law,  to  receive  printed  copies  of  proposed  amend- 
ments  42,       57 

Libraries,   legislative  publications,   distribution,   article   3, 

new  section  (Int.  No.  525),  by  Mr.  Coles 186 

Library,  State,  depository  for  communications,  petitions, 
memorials,  etc 242,     270 

Lieutenant-Governor,  act  as  Governor,  article  4,  sections  6, 
7  (Int.  No.  385),  by  Mr.  E.  B.  Smith.  .  .143,  295,  406,     579 

600,     605 

Lieutenant-Governor,  acting  Governor,  communication  from     184 

226,     234 

Lieutenant-Governor,  canal  board,  article  5,  repeal  section 
5;  new  section  (Int.  No.  725),  by  Governor  and  Other 
State  Officers  Committee " 615,  641,  642,     648 

Lieutenant-Governor,  conservation  advisory  board,  article  5, 

new  section  (Int.  No.  569),  by  Mr.  Angell 193,     361 

Lieutenant-Governor,  four-year  term,  article  4,  sections  1,  4 
(Int.  No.  702),  by  Governor  and  Other  State  Officers 
Committee 310,  617,  623,  641,  643,     652 

Lieutenant-Governor,  four-year  term,  article  4,   section   1 

(Int.  No.  49),  by  Mr.  Griffin 39 

Lieutenant-Governor,  four-year  term,  article  4,  section  1 

(Int.  No.  87),  by  Mr.  E,  N.  Smith 46 

Lieutenant-Governor,  four-year  term,   article  4,   section  1 

(Int.  No.  419),  by  Mr.  Wadsworth 1,52 

Lieutenant-Governor,  ten  years  residence,  article  4,  section  2 

(Int.  No.  74),  by  Mr.  Wiggins 45,       63 

Lieutenant-Governor,  impeachment,  court  of,  article  6,  sec- 
tion 13  (Int.  No.  137),  by  Mr.  Bosch 64 

Lieutenant-Governor,  impeachment,  powers,  article  4,  sec- 
tion 7  (Int.  No.  517),  by  Mr.  Johnson 182 

Lieutenant-Governor,  impeachment,  powers,  article  6,  sec- 
tion 13  (Int.  No.  518),  by  Mr.  Johnson 182 

Lieutenant-Governor,  impeachment,  powers  pending  trial, 

article  6,  section  13  (Int.  No.  241),  by  Mr.  E.  N.  Smith.       94 

Lieutenant-Governor,  member  board  of  pardons,  article  4, 

section  5  (Int.  No.  235),  by  Mr.  Bernstein 93,     162 

Lieutenant-Governor,  powers,  impeachment  of  Governor, 
article  4,  section  6  (Int.  No.  516),  by  Mr.  Johnson 181 

Lieutenant-Governor,  powers  pending  impeachment  of  Gov- 
ernor, article  4,  section  6  (Int.  No.  242),  by  Mr.  E.  N. 
Smith '....,,.,.,       94 


INDEX  883 

PAGE 

Lieutenant-Governor,  succession,  article  3,  new  section  (Int. 
No.  386),  by  Mr.  R.  B.  Smith 143 

Lieutenant-Governor,  vacancy,  etc.,  article  3,  section  10 
(Int.  No.  290),  by  Mr.  R.  B.  Smith. .  Ill,  132,  239,  274,     288 

575,  600,     604 

Life,  twice  in  jeopardy  for  same  offense,  article  1,  section  6 

(Int.  No.  11),  by  Mr.  C.  H.  Young 28 

Liquors,  damage  by  intoxicated  persons,  liability,  article  1, 

new  section  (Int.  No.  390),  by  Mr.  Rhees 144 

Liquors,  excise  commissioner,  appointment,  etc.,  article  5, 
sections  1,  2,  5,  repeal  sections  3,  4  (Int.  No.  172),  by 
Mr.  Bernstein 74,  227,  232,     456 

Liquors,  excise  department,  constitutional  office,  article  5, 
new  section  (Int.  No.  610),  by  Mr.  Whipple 199 

Liquors,  injuries  resulting  from,  article  1,  section  19  (Int. 
No.  376),  by  Mr.  Foley 142,     432 

Liquors,  intoxication,  injuries  from,  article  1,  new  section 
19  (Int.  No.  554),  by  Mr.  Eisner 190',  248,     432 

Literacy  test,  for  voters,  article  2,  new  section  (Int.  No. 

686),  by  Mr.  C.  II.  Young 237,  254,  311,  380,  542,     545 

553,     554 

Loans,  State,  municipal,  prevent  use  of  proceeds,  article  7, 
new  section  13  (Int.  No.  6),  by  Mr.  Parsons 28 

Local  improvement  assessments,  regulating,  article  1,  sec- 
tions 6,  7  (Int.  No.  720),  by  Bill  of  Rights  Committee.     514 

600,  641,  654,  657,  658,     659 

Long  Island  Baptist  Association,  communication  from.  .  .  .      260 

Lotteries,  prohibiting,  article  1,  section  9  (Int.  No.  643) 
by  Mr.  Brackett 209 

Lotteries,  prohibiting,  article  1,  section  9  (Int.  No.  644), 
by  Mr.  Brackett \ 210 

Low,  Hon.  Seth,  appointed  on  committee  to  conduct  Presi- 
dent-Elect to  chair 8 

Low,  Hon.  Seth,  nominated  Mr.  Elihu  Root  for  President.  7 

Lyon,  J.  B.  Company,  bid  for  printing  accepted 13,       30 

Lyon,  J.  B.  Company,  printers,  thanks  of  convention  ten- 
dered to,  for  excellent  services ■ 761 

M. 
Madison  County  Bar  Association,  communication  from.  . .      114 
Magistrate,  judgment  by,  guilty  plea,  article  1,  section  6 

(Int.  No.  305),  by  Mr.  Kirby 118 


SS4  INDEX 

PAGE 

Magistrates,  jurisdiction  within  county,  article  6,  section 
18  (Int.  So.  106),  by  Mr.  E.  N.  Smith 54 

Magna  Charta,  700th  Anniversary,  exercise  to  com- 
memorate   14,  65,  101,  114,  123,  174,  183,  230,     265 

Manufacturing,  in  dwellings,  article  3,  new  section  (Int. 

No.  407),  by  Mr.  Parsons.  .150,  333,  346,  628,  635,  645,     646 

Manufacturing,  in  dwellings,  regulating,  article  3,  new  sec- 
tion (Int.  No.  195),  by  Mr.  A.  E.  Smith 81,     333 

Manufacturing,  unreasonable  laws,  article  3,  new  section 
(Int.  573),  by  Mr.  Dunmore 193,  273,  284,  306,     307 

Margins,  dealing  upon,  prohibited,  article  1,  section  9  (Int. 
No.  387),  by  Mr.  Deyo 143,     509 

Markets,  stocks,  bonds,  produce,  incorporation,  article  8, 
new  section  4  (Int.  No.  388),  by  Mr.  Deyo 143,     345 

Marriages    annul,    Domestic    Relations    Court,    article    6, 

new  section  15-a  (Int.  No.  443),  by  Mr.  Adams 163 

Marshall,  John  K.,  elected  official  stenographer 8,         9 

Marshall,  John  K.,  oath  of  office   administer   to,    by    Mr. 

President 9 

Marshall,  John  K.,  stenographer,  and  his  assistants,  thanks 
of  convention  tendered  to,  excellent  work 761 

Mayors,  conference  of,  communication  from 553 

McAdoo,  William,  communication  from 553 

Measuring,  offices  for,  establishing,  article  5,  repeal  section 
8  (Int.  No.  582),  by  Mr.  R.  B.  Smith 195,     214 

Mediation,  department  of,  article  5,  new  section  (Int.  No. 
545),  by  Mr.   Parsons    189 

Medico-Legal  Society  of  New  York,  memorial  from 430 

Memorials  of: 

agricultural  organization    . ' 243 

Alert  Hose  and  Chemical   Company 184 

board  of  trustees,  The  Sheltering  Arms 95 

borough  of  Brooklyn,  residents 430 

borough  of  Manhattan,  residents 444 

Bronx  County  Bar  Association 301 

Brotherhood  of  Locomotive  Engineers,  Firemen,  Con- 
ductors and  Trainmen 445 

canal  boat  masters,  city  of  Buffalo 617 

Chamber  of  Commerce,  city  of  Rochester 377 

Chamber  of  Commerce,  State  of  New  York 84 


INDEX  885 

Memorials  of  —  Continued :  PAGE 

churches,  several,   city  of  Chicago 563 

Civil  Service  Reform  Association 65 

Citizens'  Hose  Company  No.   2   and  J.   B.   Bradley 

Hose  Company  No.  1,  village  of  Bolivar 260 

Citizens'  Union,"  New  York  City 256 

common  council,  city  of  Jamestown 226 

counties   of  Richmond,    Rockland,    Orange,    Sullivan, 

Ulster  and  Greene,  residents 467 

Eighteenth  Senatorial  District,  residents 444 

Eighth    Senatorial   District,    residents 426 

Erie  county,    residents 408 

Federation  of  Labor,  New  York  State 214 

Fifth  Senatorial  District,  residents 408 

Fortieth  Senatorial  District,  residents 430 

Forty-fifth  and  Forty-sixth  Senatorial  Districts 430 

Forty-first  Senatorial  District,  residents 444 

Forty-seventh  Senatorial  District,  residents 430 

Fourteenth  Senatorial  District,  residents 505 

Fredonia  residents   214 

Genesee  yearly  meeting  of  friends.  . . 290 

Medico-Legal  Society  of  New  York 430 

New  York  county,    committee    National    Progressive 

Party 260 

New  York  Society  of  Friends 139 

New  York  State  Tax  and  Transportation  Reform  As- 
sociation    227 

Nineteenth  Senatorial  District,  residents 444 

Professional  Engineers  of  Rochester 155 

Religious  Society  of  Friends,  relating  to  capital  pun- 
ishment    338 

Religious    Society    of   Friends,    relating   to   military 

service 338 

Second  Senatorial  District,  residents 426 

Seventh  Senatorial  District,  residents 425 

Sixth  Senatorial  District,  residents 425 

Society  of  Friends,  Glens  Falls 226 

Society  of  Tammany  or  Columbian  Order 183,  225 

State  Commission  on  Law  Delay 256 

Tenants  Union  of  New  York 572 

Tenth  Senatorial  District,  residents 408 

Thirtieth  Senatorial  District,  residents 443 


886  INDEX 

Memorials  of  —  Continued :  PAGE 

Thirty-first  Senatorial  District,  residents 408 

Thirty-fourth  Senatorial  District,  residents 426 

Thirty-second  Senatorial  District,  residents .  . 430 

Thirty-sixth  Senatorial  District,  residents 425 

Triumph  Hose  Company 139 

Twenty-eighth  Senatorial  District,  residents 444 

Twenty-first  Senatorial  District,  residents 408 

Twenty-ninth  Senatorial  District,  residents 430 

Twenty-second  Senatorial  District,  residents 408 

Twentieth  Senatorial  District,  residents 444 

Union  League  Club 227 

Union  League  Club,  on  short  ballot 379 

Voters'  League  of  New  York 227 

Western  New  York  Volunteer  Firemens'  Association.  426 

Mental  deficiency,  commissioner  of,  article  8,  sections  11, 

12  (Int.  No.  593),  by  Mr.  Parmenter 196,  224,  239 

Mental  hygiene,  national  committee,  petition  from 377 

Merchandise,  weighing,  etc.,  State  officers  for,  article  5,  re- 
peal section  8  (Int.  No.  131),  by  Mr.  Franchot.  .59,  161,  263 

336,  433,  617,  625,  629,  644 

Middletown,  common  council,  resolutions  from 236,  253 

Military : 

adjutant-general,  major-generals,  aides,  etc.,  article  11 

section  4  (Int.  No.  531),  by  Mr.  Latson.  .187,  329,  443 

451,  516 
aerial  forces,  State  militia,  article  11,  section  3  (Int. 

No.  401),  by  Mr.  Bannister 149 

department  of  defense,  establish,  article  5,  section  2 

(Int.  No.  86),  by  Mr.  E.  N.  Smith 46 

exemptions,  Quakers,  Friends,  etc.,  article  1,  new  sec- 
tion (Int.  No.  440),  by  Mr.  Coles 163,  228,  627 

jurisdiction,  civil  and  criminal  cases,  article  1,  section 

4  (Int.  No.  423),  by  Mr.  Curran 152,  627 

jurisdiction  over  civilian,  limit,  article  1  section  6,  7 

(Int.  No.  720),  by  Bill  of  Rights  Committee.  .514,  600 

641,  654,  657,  658,  659 
major-generals,  appointment,  officers,  removal,  articles 

4,  5,  10,  11  (Int.  No.  No.  472),  by  Mr.  Deyo.,168,  272 

456 


INDEX  887 

Military  —  Continued  :  PAGE 

military  service,  compulsory,  article  11,  section  3  (Int. 

Xo.  659),  by  Mr.  Tuck! 212,     626 

military  service,  peace  times,  not  compulsory,  article 

11,  section  1  (Int.  Xo.  529),  by  Mr.  Bayes 1ST,     228 

627 
militia,  composition  of,  article  11,  section  1  (Int.  Xo. 

532),  by  Mr.  Latson 187,  330,  430,     431 

militia,  equipment,  preparation,  article  11,  section  3 

(Int.  Xo.  533),  by  Mr.  Latson 187 

militia,  roster  of,  etc.,  article  11,  new  section  (Int.  Xo. 

530),  by  Mr.  Latson 187 

officers,  absent  without  leave,  article  11,  section  6  (Int. 

Xo.  535),  by  Mr.  Latson 188,    330,  443,  452,     517 

officers,  qualifications,  article  11,  section  5   (Int.  Xo. 

534),  by  Mr.  Latson 187,  329,  443,  452,     516 

State  constabulary,  prohibit,  labor  disputes,  etc.,  article 
4,  sections  4,  6,  and  new  section  (Int.  Xo.  397),  by 

Mr.  Curran 145 

Money,  bills,  notes,  registry,  article  8,  section  4,  and  repeal 

sections  5-8  (Int.  Xo.  474),  by  Mr.  Leggett 168,     345 

Monopolies,  prohibiting,  article  3,  new  section   (Int.  Xo. 

492),  by  Mr.  Sargent 178 

Moses,  E.  W.,  assistant  secretary,  designation  of,  charge  of 

officers  and  employees 84 

Motor  bus  lines,  franchises,  article  3,  section  18  (Int.  Xo. 

566),  by  Mr.  Mealy 192 

Municipal  corporations,  property,  taxing,  article  3,  new  sec- 
tion (Int.  Xo.  493).  by  Mr.  A.  E.  Smith 178,     279 

Municipal  court,  State,  establish,  jurisdiction,  etc.,  article 

6  (Int.  Xo.  308),  by  Mr.  Keeves 119 

Municipal  loans,  proceeds,  use  of,  article  7,  new  section  13 

(Int.  Xo.  6),  by  Mr.  Parsons 28 

Municipal  self-government,  article  12,  sections  1,  3 ;  article 

1,  new  section  (Int.  Xo.  68),  by  Mr.  Wagner.  .  .44,  257,  417 
Municipal  water  supply,  lands  for,  article  7,  section  7  (Int. 

Xo.  219),  by  Mr.  Bunce 86,  232,     360 

Municipal  water  supply,  State  lands,  article  7,  section  7 

(Int.  Xo.  375),  by  Mr.  Baldwin: 141,     361 

Municipal  water  supply,  use  of  State  lands,  article  7,  section 

7  (Int.  Xo.  312),  by  Mr.  Baldwin 119,     361 


888  INDEX 

PAGE 

Municipalities,  building  zones,  article  3,  new  section  (Int. 
No.  724),  by  Cities  Committee 579 

Municipalities,  funded  debts  of,  article  12,  section  1  (Int. 
No.  272),  by  Mr.  Vanderlyn 105,  115,     247 

Municipalities,  water  supply,  forest  lands,  new  article;  re- 
peal article  7,  section  7  (Int.  No.  708),  by  Conservation 

Committee 360,  376,  424,  427,  429,  432,  442,  524,     535 

552,  588,  589,  613,  616,     618 

Myers,  William  S.,  communication  from 139 

N 
National  guard,  civil  service,  removals,  article  5,  section  9 

(Int  No.  263),  by  Mr.  Heyman 104,  154,  228,  580,     626 

Negligence  actions,  damages,  limiting,  article  1,  section  18 

(Int.  No.  18),  by  Mr.  Aiken 29 

Newspaper  reporters,  accommodation  in  committee  rooms; 

copies  of  documents,  etc 148 

Newspaper  reporters,  designation  of  seats 32,     101 

New  York  Board  of  Trade  and  Transportation,  resolutions 

from 260 

New  York  City : 

Assembly  districts,  aldermen  to  fix,  article  3,  section 
5  (Int.  No.  335),  by  Mr.  Buxbaum 127 

Assembly  districts,  fixing,  article  10,  section  6 ;  article 
3,  sections  2-5,  8,  repeal  section  7  (Int.  No.  722),  by 

Legislative  Organization  Committee 556,  629,     638 

645,  647,  652,     653 

assemblymen,  districts,  election,  etc.,  article  3,  new  sec- 
tion (Int.  No.  587),  by  Mr.  Green 195 

assemblymen,  increasing,  article  3,  sections  1,  6-12,  14, 
15,  16,  20,  25,  repeal  sections  3,  4,  13  (Int.  No. 
230),  by  Mr.  Kirk 92,     200 

board  of  aldermen,  resolution  from,  relative  to  home 
rule 56 

board  of  estimate,  to  furnish  information,  relative  to 
taking  possession  of  private  property 260 

commissioners  of  public  records,  to  furnish  informa- 
tion, relative  to  employees,  salaries,  expenses,  etc. .  .      247 

274,     293 


INDEX  889 

]STew  York  City  —  Continued :  PAGE 

condemnation  proceedings,  regulating,  article  1,  sec- 
tions 6,  7  (Int.  No.  720),  by  Bill  of  Rights  Com- 
mittee   514,  600,  641,  654,  657,  658,     659 

coroners,  terms,  regulating,  article  10,  section  1  (Int. 
No.  691),  by  County,  Town  and  Village  Officers 
Committee 246 

county  officers,  employees,  pay,  fix,  article  3,  section 
26;  article  12,  section  2  (Int.  No.  314),  by  Mr. 
Wiggins 120,     525 

county  officers,  four-year  terms,  article  10,  section  1 

(Int.  No.  435),  by  Mr.  R.  B.  Smith 159,  203,     468 

New  York  City,  courts : 

all,  merged  Supreme  Court,  article  6,  sections  1-3, 
5-7,  9,  12,  14-23  (Int.  No.  611),  by  Mr.  Westwood.     199 

city  court,  continue,  jurisdiction,  article  6,  section  14 

(Int.  No.  410),  by  Mr.  C.  H.  Young 150 

city  court,  general  sessions,  etc.,  article  6,  section  14 
(Int.  No.  152),  by  Mr.  C.  H.  Young 67 

city  court,  merge  in  Supreme  Court,  article  6,  section 
5  (Int.  No.  149),  by  Mr.  Burkan 67 

domestic  relations,  establishing,  article  6,  new  sec- 
tion 15-a  (Int.  No.  443),  by  Mr.  Adams 163 

general  sessions,  abolishing,  article  6,  section  5  (Int. 
No.  7),  by  Mr.  Olcott 28 

general  sessions,  city  courts,  etc.,  article  6,  section  14 
(Int.  No.  251),  by  Mr.  C.  H.  Young 97 

general  sessions,  continuing,   article    6,    new    section 

(Int.  No.  170),  by  Mr.  Baldwin 74 

general  sessions,  Legislature  may  abolish,  article  6,  sec- 
tion 14  (Int.  No.  14),  by  Mr.  C.  H.  Young 29 

municipal,  continuing,  etc.,  article  6,  section  17  (Int. 

No.  621),  by  Mr.  Steinbrink 206 

municipal,  county,  city,  merging,  article  6,  sections  14, 

17  (Int.  No.  215),  by  Mr.  Steinbrink 86 

revising,  generally,  article  6,  (Int.  No.  718),  by  Judi- 
ciary Committee 480,  523,  526,  532,  534,  536,     537 

539,  551,  590-594,  614,  618,     619 

special  sessions,  continuing,  etc.,  article  6,  new  section 
(Int.  No.  682),  by  Mr.  Wagner 237 

Superior  Court,  establishing,  article  6,  section  14  (Int. 
No.  377),  by  Mr.  Wickersham 142,     213 


890  INDEX 

New  York  City:  rAGE 

district  attorneys,  New  York,  Kings,  terms,  etc.,  arti- 
cle 10,  section  1  (Int.  No.  227),  by  Mr.  New- 
burger 92 

first  judicial  department,  New  York,  Bronx,  article 
6,  sections  2,  7  (Int.  No.  445),  by  Mr.  Bayes 164 

first  judicial  department,  New  York,  Bronx  counties, 
article  6,  section  11  (Int.  No.  409),  by  Mr.  F.  Mar- 
tin        150 

Kings  county  court,  merge  in  Supreme  Court,  article 
6,  section  14  (Int.  No.  62),  by  Mr.  Adams. .....       43 

Kings  county  judges,  number,   article  6,  section  14 

(Int.  No.  61),  by  Mr.  Frank 43 

Laws  affecting  counties  in,  mayor's  approval,  article 
12,  section  2  (Int.  No.  373),  by  Mr.  Mann 141 

legislators,  maximum  number,  article  3,  section  4 
(Int.  No.  680),  by  Legislative  Organization  Com- 
mittee   235,  255,     276 

New  York  county,  comprise  whole  city,  article  10, 
section  1  and  new  section;  article  12,  section  3  (Int. 
No.  449),  by  Mr.  Baldwin 164 

police  commissioner,   communication  from !    383 

public  franchises,  condemnation,  article  1,  new  sec- 
tion 20  (Int.  No.  674),  by  Mr.  M.  Saxe. 231 

public  utilities,  sinking  fund  bonds,  article  8,  section 
10  and  new  section  12   (Int.  No.  713),  by  Cities 

Committee 431,  432,  504,  542,  546,  556,  601,     603 

620,  621,  630,     631 

records,  superintendent,  New  York,  Bronx,  Kings, 
Queens,  article  10,  section  1  (Int.  No.  444),  by  Mr. 
Reeves 164 

senators,  maximum  number,  article  3,  section  4  (Int. 
No.  298),  by  Mr.  Bernstein 117 

senators,  maximum  number,  article  3,  section  4  (Int. 
No.  673),  by  Mr.  M.  J.  O'Brien.  . .  .231,  258,  262,     265 

267 

Supreme  Court  commissioners,  counties  700,000,  arti- 
cle 6,  section  2  (Int.  No.  452),  by  Mr.  Baldwin. . .      165 

voters,  4  months  resident  in  citv,  article  2,  section  1 
(Int.  No.  372),  by  Mr.  Dahm 141 


INDEX  891 

New  York  City  —  Continued :  PAGE 

water  supply,  Catskill  forest  lands,  use  of,  new  arti- 
cle; repeal  article  7,  section  7  (Int.  No.  708),  by 

Conservation  Committee 360,   376,  424,  427,     429, 

432,  442,  524,  535,  552,  588,  589,  613,  616,  618 
New  York  Masonic  News  Company,  communication  from.  114 
New  York  Society  for  Prevention  of  Cruelty  to  Children, 

communication   from    256 

New  York  Society  of  Friends,  memorial  from 139 

New  York  State  Tax  and  Transportation  Eeform  Associa- 
tion, memorial  from   . 227 

Nicoll,  Delancey,  Jr.,  appointment  of 289 

Nicoll,  Delancey,  profound  sympathy  tendered  to,  death  of 

his  only  daughter   24 

Nineteenth  Senatorial  District,  residents,  memorial  from.     444 
Norton,  Harmon  J.,  leave  of  absence,  account  of  illness..      360 

380 
Notaries,  legislators  as,  during  term,  article  3,  section  7 

(Int.  No.  205),  by  Mr.  Wiggins 83 

Notaries  public,  engage  in  other  business,   article  5,  new 

section  (Int.  No.  150),  by  Mr.  Burkan 67 

Notaries  public,  members  of  legislature,  article  3,  sections 
7,  8  (Int.  No.  130),  by  Mr.  E.  B.  Smith 59 

O. 
Oath,  official,  corrupt  practice  clause,  abolish,  article  13, 

section  1  (Int.  No.  88),  by  Mr.  Leggett 46,  284,     337 

Oaths,  official,  false,  article  13,  section  1  (Int.  No.  609), 

by  Mr.  Lincoln 198 

O'Brien,  Hon.  Morgan  J.,  thanks  of  convention  tendered 

to,  for  efficient  services  as  vice-president 761 

O'Brien,  Morgan  J.,  elected  second  vice-president 11 

O'Brien,  Morgan  J.,  vote  for  president 7 

Officers  and  employees,  attendance,  certified  by  supervising 

authorities 70 

Officers  and  employees,  continued  after  adjournment 758 

Officers  appointed  by  Governor,  term  of,  article  10,  section 

3  (Int.  No.  Ill),  by  Mr.  K.  B.  Smith 55,     456 

Officers,  clerks  and  employees,  thanks  tendered  for  able  and 

efficient  services    759 


892  INDEX 

PAGE 

Officers,  employees  and  assistants,  and  fixing  their  compen- 
sation. . .  .10,  11,  26,  27,  49,  51,  52,  53,  59,  60,  61,  62,       70 
76,  77,  88,  95,  98,  106,  138,  145,  156,  242,  250,  254,     267 
274,  278,  283,  285,  291,  292,  309,  343,  358,  379,  380,     426 

758 

Officers,  employees  and  assistants,  special  committee  and 
the  president  to  consider 11,   18,   19,   20,       48 

Officers,  public,  pay,  change  during  term,  article  3,  section 
28  (Int.  No.  36),  by  Mr.  Mereness 37 

Offices,  abolish,  by  legislature,  article  3,  new  section  (Int. 
No.  245),  by  Mr.  C.  A.  Webbsr 96 

Official  referees,  restricting,  article  6,  new  section  24  (Int. 
No.  189),  by  Mr.  Steinbrink 81 

Officials,  appointed  by  Governor,  term,  article  4,  new  section 
(Int.  No.  293),  by  Mr.  Leggett Ill,     456 

Officials,  counties,  State,  compensation,  article  10,  section  9 

(Int.  No.  89),  by  Mr.  Kirby 47 

Officials,  election  not  provided  for,  article  10,  section  2  (Int. 
No.  210),  by  Mr.  Sanders 83 

Officials,  elective,  recall,  article  13,  new  section  7  (Int.  No. 
557),  by  Mr.  Eisner 191 

Officials,  impeachment,  powers  pending  trial,  article  6,  sec- 
tion 13  (Int.  No.  155),  by  Mr.  Bunce 68 

Officials,  impeachment,  regulating,  article  6,  section  13  (Int. 
No.  518),  by  Mr.  Johnson 182 

Officials,  pay,  extra  compensation,  prohibited,  article  3,  sec- 
tions 18,  28;  article  5,  section  1;  article  6,  section  15; 
article  10,  section  9  (Int.  No.  380),  by  Mr.  Mereness.142,     153 

Officials,  public,  compensation,  fixing,  etc.,  article  5,  section 
9  (Int.  No.  265),  by  Mr.  Mann 104,  118,     176 

Officials,  public,  excess  compensation,  prohibited,  article  3 
(Int.  No.  696),  by  Legislative  Powers  Committee.  .285,     343 

423,  543,  613,  616,  624,  629,     635 

Officials,  public,  extra  compensation,  prohibited,  article  3, 
section  28  (Int.  No.  379),  by  Mr.  Mereness 142,     153 

Officials,  public,  extra  compensation,  prohibited,  article  3, 

section  28  (Int.  No.  289),  by  Mr.  R.  B.  Smith 110,     153 

221,  281,  287,  302,  452,  507,  511,     520 

Officials,  public,  private  business  prohibited  article  5,  new 
section  (Int.  No.  150),  by  Mr.  Burkan 67 


INDEX  893 


PAGE 


Officials,  public,  receiving  pensions,  article  10,  new  section 
10  (Int.  No.  618),  by  Mr.  Steinbrink 205 

Officials,  public,  testifying  as  to  own  conduct,  article  1,  sec- 

6  (Int.  No.  76),  by  Mr.  Quigg 45 

Officials,  receiving  pensions,  pay,  limit,  article  10,  new  sec- 
tion (Int.  No.  505),  by  Mr.  F.  Martin 179 

Officials,  removal,  certiorari,  article  10,  section  1  and  new 
section  (Int.  No.  460),  by  Mr.  F.  Martin 166,     224 

Officials,  State,  removal  by  Governor,  article  4,  section  4 

(Int.  No.  552),  by  Mr.  Eisner 190,     456 

Officials,  whose  election  not  provided  for,  article  10,  section 
2  (Int.  No.  146),  by  Mr.  M.  Saxe 67,     107 

Old  age,  insurance,  article  1,  new  section  19  (Int.  No.  554), 
by  Mr.  Eisner 190,  248,     432 

Osborne,  Carl  H.,  appointed  clerk  to  the  president 13 

P. 

Pardons  and  parole,  State  board,  creating,  new  section  (Int. 

No.  82),  by  Mr.  Brackett 46 

Pardons,  board  of,  creating,  article  4,  section  5  (Int.  No. 

235),  by  Mr.  Bernstein 93,     162 

Pardons,  State  board,  article  8,  section  11;  repeal  article  4 

section  5  (Int.  No.  627),  by  Mr.  Bell 207,  252,     259 

Pardons,  State  board  of,  article  8,  sections  11,  12,  repeal  ar- 
ticle 4,  section  5  (Int.  No.  269),  by  Mr.  Marshall 104 

162,  344 
Pardons,  where  jury  fixes  penalty,  article  1,  sections  6,  7 

(Int.  No.  720),  by  Bill  of  Rights  Committee 514,     600 

641,  654,  657,  658,  659 
Parole,  board  of,  article  8,  sections  11,  12  (Int.  No.  593), 

by   Mr.    Parmenter 196,  224,     239 

Parties,  political,  preference,  etc.,  article  3,  New  section 

(Int.  No.  315),  by  Mr.  Barnes 120,  126,     135 

278,  301,  310,  383 
Patten,  Louise,  appointed  assistant  telephone  operator. 306,  312 
Penalties,  delegating  legislative  power  to  enforce,  article  3, 

new  section  (Int.  No.  70),  by  Mr.  Griffin 44 

Penalties,  delegate  powers  to  collector,  article  3,  section  24 

(Int.  No.  283),  by  Mr.  Mann 110 

Pensioners,  in  civil  service,  article  10,  new  section  10  (Int. 

No.  618),  by  Mr.  Steinbrink 205 


894  INDEX 

PAGE 

Tensions,  by  legislature,  referendum,  article  7,  new  section 

13  (Int.  No.  17G),  by  Mr.  Cullinan 75 

Pensions,  civil  service,  veterans,  article  5,  new  section  (Int. 

No.  258),  by  Mr.  Green 97 

Pensions,  officials  receiving,  limit  pay,  article  10,  new  section 

(Int.  No.  505),  by  Mr.  F.  Martin 179 

Pensions,  old  age,  etc.,  article  1,  new  section  19  (Int.  No. 

554),  by  Mr.  Eisner 190,  248,     432 

Pensions,  State  employees,  article  5,  section  9   (Int.  No. 

297),  by  Mr.  M.  Saxe. 116 

Pensions,  State,  municipal,  regulating,  article  7,  new  section 

(Int.  No.  683),  by  Mr.  Low 237,     250 

Petition  of : 

Exempt  Firemen's  Association  of  Binghamton 161 

Tabor,  C.  F.,  Hook  and  Ladder  Company 161 

Point  of  order,  raised  by : 

Mr.  Brackett,  on  motion  to  go  into  committee  of  the 

whole 256 

Mr.  Quigg,  that  quorum  was  not  present 314,     500 

Mr.  Wagner,  on  motion  to  discharge  committee 256 

Mr.  Wickersham,  on  motion  of  Mr.  Quigg  to  adjourn.  .  300 
r'olak,  Edward,  register  Bronx  county,  communication  from.  236 
police,  free  transportation,  article  13,  section  5  (Int.  No. 

204),  by  Mr.  Wiggins 82 

Police,  State,  committee  for,  communication  from 257 

Poor,  county,  town,  powers,  article  3,  sections  26,  27 ;  arti- 
cle 10,  section  2  (Int.  No.  721),  by  County,  Town  and 
Village  Committee 526,  612,  624,     634 

Prayer  by  reverend : 

'  Battershall,  W.  W 146 

Bazaar,  Walter  T 524 

Blessing,  Frank  F ,  338 

Bower,  Frederick  A 328 

Brooks,  Roelif  H 17,  27,  108 

Bulnes,  John  B 214,  512,  539 

Carlile,  J.  G 505 

Charles,  William  E 601 

Chidwick,  John  P 77 

Chrestensen,  David  H , 377 


INDEX  895 

Prayer  by  reverend  —  Continued :  PAGE 

Cleland,  David  M 65 

Coffin,  F.  G. .  . . 286 

Cusack,  Thomas   F 717 

Dunney,  Joseph 124 

Dutton,  Charles  J 260 

Dyckhuesen,  H 84,  223,  289,  304 

Goldenson,  S.  H 313 

Grahn,  Ernest  M 314 

Graves,   Charles 501 

ITager,  Charles  S 576,  617 

Hall,  Charles  L 425 

Plalliday,  James  J 292,  300 

Hess,  Charles  H , 243 

Hopkins,  J.  W 3, 13 

Hotaling,  Burton  J 62,  300 

James,  Edward  R 636 

Jones,   J.   Addison 33,  38,  41,  56,  71,  88,  114,  133 

139,   161,  226,  247,  256,  264,  269,  277,  285 

290,  305,  308,  341,  430,  444,  447,  467,  480 

501,  540,  543,  553,  559,  563,  572,  660 

Kearton,   C.   O.   A 283,  537 

Kelley,    Francis   A 650 

Lewis,   Edwin 272 

Macdonald,   P.   A 266 

Many,   D.   J.,   Jr 336 

Martin,   Clement  G 95,  532 

Miller,   Henry  A 407 

Moldenhauer,    J.    V 155 

Mckerson,  Charles  M 203,  236,  253,  301 

Obenschain,   A.   B 175 

O'Connor,    Wm.    F 101 

Mr.  President 49 

Rhees,   Rush 183,  383 

Roche,   Spencer  S 358 

Stubblebine,i  jW.    H 118 

Wonters,  Alexander    379 

President : 

address  in   committee  of  the    whole,     August     19th, 

print  1,000  copies    532,  535 

address  in  committee  of  the  whole,   on  short  ballot, 

print  2,500  copies 614 


806  INDEX 

President  —  Continued :  rAGE 

address  to  people,  authenticated  by 756 

announced  the  designation  of  Maurice  Rodesk,  legisla- 
tive correspondent    101 

announced  the  appointment  of  committee  on  contin- 
gent expenses 14 

announced  the  appointment  of  committee  on  nomina- 
tions for  minor  offices 14 

announced  the  appointment  of  committee  on  printing.  12 
announced  the  appointment  of  committee  on  rules. . .  14 
announced  the  appointment  of  standing  committees.  .20-24 
appointment  of  committee  to  arrange  for  celebration, 

anniversary  of  adoption  of  the  Great  Charter 114 

appointment  of  committee  to  represent  the  convention 

upon  review  of  the  Grand  Army 251 

appointment  of  committee  to  supervise  revision    and 

indexing 762 

appointment  of  committee  to  wait  upon  the  Governor 
and  inform  him  the  convention  is  organized  and  in 

session 14,       16 

appointment  of  committee  to  wait  upon  the  Secretary 

of  State 760,     761 

appoint  committee  of  thirty,  upon  approval  of  Revised 

Constitution,  to  tender  services  to  Legislature 759 

appoint  select  committee  on  amendments  adopted,  time 

and  manner  of  submission  to  vote  of  electors 72 

appoint  special  committee  to  draft  address  to  people, 
fix  time  and  manner  of  submission.  .637,  659,  738-742 

743,  744-756 
authorized  to  designate  suitable  persons  to  revise  and 

index  the  record,  journal  and  documents 757,     762 

committee  to  conduct  president-elect  to  chair 8 

Constitution,   attested  by 736 

declared  the  Constitutional  Convention    of    1915  ad- 
journed sine  die 762 

designated  Fred  W.  Hammond    and    Wm.  K.  Mans- 
field, to  revise  and  index  the  records,  journal  and 

documents 762 

designated  seats  to  reporters  of  the  public  press 32 

election  of 6,         7 

invited  to  address  convention,  anniversary  exercises, 
Great  Charter  of  English  Liberty 101 


INDEX  897 

President  —  Continued :  PAGE 

opening  address    8 

presented  answer  of  State  Comptroller  to  resolution, 

relating  to  sinking  funds .      252 

presented  communication  of  Albany  Society  of  Civil 

Engineers    133 

presented  communication  and  resolutions  of  board  of 

supervisors,  Herkimer  county 155 

presented  communication  of  A.  S.  Wardle,  president 

New  York  State  Pharmaceutical  Association 292 

presented  communication  of  Attorney-General,  answer 
to  resolution  for  information  relative  to  Court  of 

Claims 262 

presented  communication   of  Baptist   Ministers   Con- 
ference        277 

presented  communication  of  Charles  M.  Dennison.  ...  256 
presented  communication  of  Charles  M.  Higgins.  .203,     215 

•presented  communication  of  Clarence  True 56 

presented  communication  of  clerk  of  Court  of  Appeals.  114 
presented  communication  of  clerk  of  Court  of  Claims, 

answer  to  resolution  for  information 286 

presented  communication  of  commissioners  of  records, 

Kings  county,  answer  to  resolution  for  information .      336 
presented  communication  of  commissioner  of  records, 
New  York  county,  answer  to  resolution  for  informa- 
tion          293 

presented  resolution  of  committee  of  State  Bar  Asso- 
ciation          65 

presented  communication  of  committee  for  State  police.  257 
presented  communication  of  conference  of  mayors.  ...  553 
presented  communication  of  Edward  Polak,  register, 

county  of  Bronx 236 

presented  communication  of  Empire  State  Campaign 

Committee 139 

presented  communication  of  Francis  E.  Tower 85 

presented  communication  of  Frank  W.  Grinnell 293 

presented  communication   of   Game   Bird   Society   of 

Indiana 226 

presented  communication  of  George  P.  Decker 56 

presented  communication  of  H.  F.  Foster.  ., 256 

presented  communication  of  Inter-City  Civic  League.      253 
29 


898  INDEX 

President  —  Continued :  PAGE 
presented  communication  of  Interdenominational  Com- 
mittee on  Religious  Education 215 

presented  communication  of  James  Smith 65 

presented  communication  of  James  Wood 85 

presented  communication  of  Legislative  Index  Publish- 
ing Company 146 

presented  communication  of  Leonard  Klaber 303 

presented  communication  of  Lieutenant-Governor,  Act- 
ing Governor    184,  226,  234 

presented  communication  of  Long  Island  Baptist  Asso- 
ciation    260 

presented  communication  of  Louis  F.  Haffen 56 

presented  communication  of  Louis  J.  Altkrug 257 

presented  communication  of  Macey  F.  Denning 85 

presented  communication  of  Madison  County  Bar  Asso- 
ciation    114 

presented  communication  of  mayor,  city  of  Jamestown.  338 

presented  communication  of  M.  H.  Wilcox 277 

presented  communication  of  New  York  Masonic  News 

Company 114 

presented  communication  of  New  York    Society   for 

Prevention  of  Cruelty  to  Children 256 

presented  communication  of  Nicholas  Murray  Butler.  65 

presented  communication  of  Paul  D.  Cravath 637 

presented  communication  of  Peter  G.  Ten  Eyck 85 

presented  communication  of  police  commissioner,  city 

of  New  York 383 

presented  communication  of  Rosslyn  M.  Cox 379 

presented  communication  of  S.  B.  Clarke 215 

presented  communication  of  Secretary  C.  C.  Andrews 

of  Minnesota  State  Forestry  Board 56 

presented  communication  of  Secretary  of  State 243 

presented  communication  of  Secretary  of  State,  answer 

to  resolution  for  information 293 

presented  communication  of  Secretary  of  State,  rela- 
tive to  proposed  amendments 293 

presented  communication  of  Secretary  of  State,  rela- 
tive to  recent  enumeration 761 

presented    communication    of    Society    of    Engineers, 

Eastern  New  York 114 


INDEX  899 

President  —  Continued :  PAGE 

presented   communication   of    South    Bronx    Property 

Owners  Association 133 

presented  communication  of  State  Comptroller,  answer 
to  resolution,  relative  to  legal  expenses  of  State  de- 
partments        272 

presented  communication  of  State  Comptroller,  re- 
sponse to  resolution 155 

presented  communication  of  State  Engineer  and  Sur- 
veyor,   answer   to   resolution,   relative   to   board   of 

claims 304 

presented  communication  of  State  Engineer,  answer  to 

resolution,  relative  to  surplus  waters  of  canals 266 

presented  communication  of  Superintendent  of  Public 
Works,   answer   to   resolution,   relative  to  board   of 

claims 358 

presented  communication  of  teachers  of  public  school 

22,  borough  of  Queens 85 

presented  communication  of  Vincent  Javatt 445 

presented  communication  of  William  Hemstreet 260 

presented  communication  of  William  McAdoo 553 

presented  communication  of  William  Pierrepont  White     540 

presented  communication  of  William  S.  Myers 139 

presented  correspondence  with  Secretary  of  State,  rela- 
tive to  time  of  submission,  completed  work  of  con- 
vention        265 

presented  letter  from  Hon.  J.  W.  Wadsworth,  Jr 342 

presented  memorial  of  agricultural  organization 243 

presented   memorial    of   canal   boat   masters,    city   of 

Buffalo .'"./.      617 

presented  memorial  of  chamber  of  commerce,  city  of 

Rochester 377 

presented  memorial  of  chamber  of  commerce,  State  of 

New  York   84 

presented  memorial  of  citizens'  union,  New  York  city     256 
presented  memorial  of  common  council,  city  of  James- 
town        226 

presented  memorial  of  New  Society  of  Friends 139 

presented  memorial  of  New  York  county  committee 

National  Progressive  party 260 

presented  memorial  of  New  York  State  Federation  of 
Labor 214,  246,     269 


900  IXDEX 

President  —  Continued :  PAGE 
presented  memorial  of  New  York  State  Tax  and  Trans- 
portation Reform  association 227 

presented  memorial  of  professional  engineers  of  Roch- 
ester       155 

presented,  memorial  of  several  churches,  city  of  Chi- 
cago        563 

presented  memorial  of  Society  of  Friends,  Glens  Falls     226 
presented  memorial  of  State  commission  on  law  delay     256 

presented  memorial  of  Triumph  Hose  company 139 

presented  memorial  of  Union  League  club 227 

presented  memorial  of  Voters'  League  of  New  York.  .     227 
'presented  petition  of  citizens  and  taxpayers,  relative  to 

biennial  sessions 85 

presented  petition  of  committee  of  engineers 576 

presented  petition  of  national  committee  for  mental  hy- 
giene        377 

presented  proposal  of  New  York  State  Bar  Association       85 
presented  report  from  highway  commissioner,  response 

to  resolution 203 

presented  report  of  legislative  committee,  Binghamton 

Engineering  Society 184 

presented  report  of  State  printing  board 30 

presented  resolution  of  board  of  aldermen,  New  York 

city,  relative  to  home  rule 56 

presented  resolution  of  board  of  supervisors,  Wyoming 

county,  good  roads  bonds,  division  of  proceeds 56 

presented  resolutions  of  board  of  trade,  city  of  Cohoes     301 
presented  resolutions  of  Buffalo  chamber  of  commerce     512 

537 
presented  resolutions  of  chamber  of  commerce,  cities 

of  Syracuse  and  Rome 338 

presented  resolutions  of  chamber  of  commerce,  city  of 

Amsterdam 445 

presented  resolutions  of  chamber  of  commerce,  city  of 

'  Cohoes 301 

presented  resolutions  of  chamber  of  commerce,  city  of 

Geneva 383 

presented  resolutions  of  chamber  of  commerce,  city  of 

Glens  Falls 301 

presented  resolution  of  citv  board,  Little  Falls 338 


INDEX  901 

President  —  Continued :  PAGE 

presented  resolutions  of  city  officials  and  citizens,  cities 
of  Fulton,  Gloversville,  Oneida  and  Johnstown.  .  .  .      328 

presented  resolutions  of  city  officials  and  citizens,  city 
of  Rome 341 

presented  resolutions  of  civil  organizations  and  citi- 
zens of  Binghamton 336 

presented  resolutions  of  College  Church  of  Christ.  . .  .      540 

presented  resolutions  of  common  council  and  citizens, 

city  of  Kingston 305 

presented  resolutions  of  common  councils  of  cities  of 
Auburn  and  Olean 328 

presented  resolutions  of  common  councils  of  cities  of 
Batavia,  Lockport  and  Syracuse 300 

presented  resolutions  of  citizens,  cities  of  Cortland  and 
Oneonta 313 

presented  resolutions  of  common  council  of  cities  of 
Hornell,  Corning  and  Elmira 313 

presented  resolutions  of  common  councils,  cities  of 
Lackawanna,  Ithaca  and  Niagara  Falls 338 

presented  resolutions  of  common  councils  of  cities  of 
Mechanicville,  Schenectady  and  Auburn 293 

presented  resolutions  of  common  councils  of  cities  of 
Middletown,  Tonawanda,  Plattsburgh,  Hudson,  Port 
Jervis,  Oswego,  Ogdensburg,  Mount  Vernon, 
Oneonta  and  Cortland 277 

presented  resolutions  of  common  councils  of  cities  of 

New  Rochelle  and  Newburgh 286 

presented  resolutions  of  common  councils  of  cities  of 
North  Tonawanda  and  Fulton 283 

presented  resolutions  of  common  council,  city  of  Albany     289 

presented  resolutions  of  common  council  of  city  of 
Beacon 285 

presented  resolutions  of  common  council,  city  of  Canan- 
daigua 301 

presented  resolutions  of  common  council,  city  of  Dun- 
kirk   ' 445 

presented  resolutions  of  common  council,  city  of  Johns- 
town       445 

presented    resolutions    of    common    council,    city    of 

Middletown .236,     253 


902  INDEX 

President  —  Continued :  PAGE 

presented    resolutions    of    common    council,    city    of 

Rochester 553 

presented    resolutions    of    common    council,    city    of 

Tonawanda 301 

presented  resolutions  of  city  officials,  Utica 358 

presented    resolutions    of    common    council,    city    of 

Yonkers 341 

presented  resolutions  of  Fort  Orange  Court  Guardians 

of  Liberty 256 

presented  resolutions  of  New  York  Board  of  Trade 

and  Transportation 260 

presented  resolutions  of  Spanish- American  War  Veter- 
ans Civil  Service  Association 576 

presented  resolutions  of  town  board,  Wellsville 236 

presented  revised  Constitution  to  Hon.  F.  M.  Hugo, 

Secretary  of  State 761 

presented  telegram  from  Dr.  Chalmers  on  condition  of 

Fred  Tanner 614 

President,  decisions  of,  on  point  of  order,  raised  by : 

Mr.  Brackett,  on  motion  to  go  into  committee  of  the 

whole 256 

Mr.  Wagner,  on  motion  to  discharge  committee 256 

Mr.  Wickersham,  on  motion  of  Mr.  Quigg  to  adjourn.  .      300 

Press,  gentlemen  of,  thanks  of  convention  tendered  to,  for 

fairness  and  impartiality 760 

Press,  liberty  of,  article  1,  section  8  (Int.  No.  599),  by  Mr. 

Dahm .197,     240 

Print  500  additional  copies  of  document  No.  1 41 

Print  1,000  copies  of  convention  of  1894,  and  all  amend- 
ments submitted  and  approved 57 

Print  500  copies  of  pamphlet  "  Comparative  Statement  of 
Constitutional  Provisions  Relative  to  Finance,  Taxation 
and  Exemptions  " 63 

Print  6,000  extra  copies  of  proposed  amendments,  at  dis- 
posal of  delegates   90 

Printing,  additional  copies  of  records,  documents  and  jour- 
nals          87 

Printing  Board,  State,  relative  to  proposals  for  printing.  .  .        10 

Printing  Committee,  to  ascertain  number  of  copies  of  pro- 
ceedings on  hand,  and  additional  copies  needed 78 


INDEX  903 

PAGE 

Printing  Committee,  to  ascertain  why  printing  has  not  been 

delivered  as  required  by  contract 37 

Printing  contract  of  J.   B.   Lyon   Company,   accepted   as 

recommended  by  Committee  on  Printing 13,  30 

Printing,  copies  of  record,  journals  and  documents,  and  dis- 
tribution, Kule  70  and  71 88 

Printing,  errors,  correction 62 

Printing,  order  for,  to  comply  with  rules  70  and  71 87 

Printing,  State,  supervision,  department  of  records,  article 
5,  section  2  (Int.  No.  86),  by  Mr.  E.  N.  Smith.  .46,  223,     227 

Prisons : 

board  of  pardon  and  parole,  creating,  new  section  (Int. 
No.  82),  by  Mr.  Brackett 46 

board  of  pardons,  creating,  article  4,  section  5   (Int. 

No.  235),  by  Mr.  Bernstein 93,     162 

commission  of,  change  to  board  of  correction,  article  8, 

section  11  (Int.  No,  507),  by  Mr.  Eosch 180,     239 

commission  on,  creating;  prisons  control,  article  9,  new 
section  17  (Int.  No.  329),  by  Mr.  Wadsworth 122 

control  by  charities  board,  article  8,  sections  11,  13,  15, 
and  repeal  section  12 ;  article  5,  section  4  (Int.  No. 
637),  by  Mr.  Hinman 208 

control,  State  Charities  Board,  article  8,  sections  11,  13, 
15 ;  article  8,  section  12  and  article  5,  section  4  re- 
pealed (Int.  No.  366),  by  Mr.  Mandeville 137 

juvenile  delinquents,  laws,  article  6,  new  section  24 

(Int.  No.  538),  by  Mr.  Ahearn 188 

Pardons,  State  Board,  article  8,  section  11;  repeal 
article  4,  section  5  (Int.  No.  627),  by  Mr.  Bell .  . 207,     252 

259 

Pardons,  State  Board  of,  providing,  article  8,  sections 
11.  12,  repeal  article  4,  section  5  (Int.  No.  269), 
by  Mr.  Marshall 104,  162,     344 

prison    products,    for    State    and    public    institutions 
article  3,  section  29  (Int.  No.  243),  by  Mr.  Lindsay.       94 
prisoners,  number,  applications  for  pardon,  etc.,  Gov- 
ernor to  report 102,     112 

products,  of  prison  labor,   sale,   article  3,  section  29 

(Int.  No.  465),  by  Mr.  Tierney 167,     341 


904  INDEX 

Prisons  —  Continued :  PAGEJ 

reformatories,  control,  inspection,  article  8,  sections  11, 
12,  13,  15  and  new  section  (Int.  No.  647),  by  Mr. 

Waterman 210,     224 

-State  Probation  'Commission,  constitutional  body, 
article  8,  section  11  (Int.  No.  565),  by  Mr.  Clear- 
water   192,     344 

State  Superintendent,  abolish,  etc.,  article  5,  repeal  sec- 
tion 4  (Int.  No.  436),  by  Mr.  E.  B.  Smith 159,     456 

superintendent  of,  appointed  by  Governor,  articles  4,  5, 

8,  10,  11  (Int.  No.  472),  by  Mr.  Deyo 168,  227,     456 

superintendent    of,    to    furnish    statement,    relative    to 
number    of    inmates,    practiced    habit    of    smoking 

cigarettes 73 

superintendent  of,  term,  etc.,  article  5,  sections  1-4 

(Int.  No.  555),  by  Mr.  Eisner 191,     223 

superintendent,  State  prisons,  elected  by  people,  arti- 
cle 5,  section  4  (Int.  No.  83),  by  Mr.  Brackett 46 

Privileges,  special  classes,  prohibiting,  article  3,  new  section 

(Int.  No.  701),  by  Legislative  Powers  Committee.  . .  .      309 
377,  428,  478,  479,  480,  499,  500,  504,     508 
Prize-fights,  prohibited,  article  1,  section  9  (Int.  No.  139), 

by  Mr.   Quigg   65 

Probate  division,    Supreme   Court,   establishing,   article   6 

(Int.  No.  1),  by  Mr.  Reeves 27 

Probation  commission,  constitutional  body,  article  8,   sec- 
tion 11  (Int.  No.  565),  by  Mr.  Clearwater 192,     344 

Produce,  dealing  on  margins,  prohibited,  article  1,  section 

9  (Int.  No.  387),  by  Mr.  Deyo 143,     509 

Produce  markets,   incorporating,   article  8,   new  section  4 

(Int.  No.  388),  by  Mr.  Deyo 143,     345 

Produce,  weighing,  etc.,  State  officers  for,  article  5,  repeal 

section  8  (Int.  No.  131),  by  Mr.  Franchot 59,  161,     263 

336,  433,  617,  625,  629,     644 
Progressive  Party,  national  committee,  New  York  county, 

memorial    from    260 

Property : 

buildings,  height,  zones,  cities,  article  12,  new  section 

(Int.  No.  489),  by  Mr.  Bayes 177,     579 

buildings,  height,  etc.,  regulating,  article  3,  new  sec- 
tion (Int.  No.  669),  by  Mr.  Bannister 225,     579 


INDEX  905 

Property  —  Continued :  page 

buildings,  zones,  etc.,  regulating,  article  3,  new  sec- 
tion (Int.  No.  670),  by  Mr.  Bannister 225,     579 

cities,   lands,   restricting  use  of,   article   1,   section  7 

(Int..  No.  282),  by  Mr.  Mann 109 

damage,  determination  in  county,  article  7,  new  sec- 
tion (Int.  No.  316),  by  Mr.  Ostrander 120 

dwellings,   manufacturing  in,   article   3,   new   section 

(Int.  No.  407),  by  Mr.  Parsons 150,  333,  346,     628 

635,  645,     646 

dwellings,  manufacturing  in,   article    3,    new    section 

(Int.  No.  195),  by  Mr.  A.  E.  Smith 81,     333 

lands,  tax  rate,  same  as  buildings,  article  8,  new  sec- 
tion 9-a  (Int.  No.  450),  by  Mr.  Baldwin 164 

private  and  public,  grade  change  damages;  condemna- 
tion proceedings,  article  1,  sections  6,  7  (Int.  No. 
720),  by  Bill  of  Eights  Committee.  .514,  600,  641,     654 

657,  658,     659 
Property,  private,  taking,  for  public  use: 

compensation,  fixing,  manner  of,  article  1,  section  7 

(Int.  No.  453),  by  Mr.  Baldwin 165 

compensation,  fixing,  Supreme  Court,  article  1,  sec- 
tion 7  (Int.  No.  483),  by  Mr.  Frank 176 

compensation,  in  advance,  etc.,  article  1,  section  6  (Int. 

No.  442),  by  Mr.  Frank 163 

compensation,  jury  or  court  to  fix,  article  1,  section  7 

(Int.  No.  27),  by  Mr.  Steinbrink 36 

compensation,  just,  definition,  etc.,   article  1,  section 

6  (Int.  No.  441),  by  Mr.  Frank 163 

condemnation,  judge  of,  creating,  article  1,  section  7 

(Int.  No.  169),  by  Mr.  Brenner 74 

compensation,  must  be  just,  article  1,  section  6  (Int. 

No.  261),  by  Mr.  Weed 103,     218 

condemnation,  Supreme  Court  without  jury,  article  1, 

section  7  (Int.  No.  97),  by  Mr.  Latson 53 

drains,  water  storage,  power,  private  roads,  article  1, 

section  7  (Int.  No.  55),  by  Mr.  E.  B.  Smith.  .  .40,     146 

147 
excess  condemnation,  permitting,  etc.,  article  1,  section 

7  (Int.  No.  617),  by  Mr.  Steinbrink 205,     230 


906  INDEX 

Property,  private,  taking,  for  public  use  —  Continued :  PAGE 

excess  condemnation,  prohibiting,  article  1,  section  7 

(Int.  No.  321),  by  Mr.  Dunmore 121 

excess  condemnation,  regulating,  article  1,  sections  6 

7  (Int.  No.  500),  by  Mr.  Parsons 179,     218 

for  water  purposes,  article  7,  sections  7,  7-a  (Int.  No. 

71),  by  Mr.  C.  H.  Young 44,  134,  140,     360 

grade  change,  damages,  article  1,  section  7  (Int.  No. 

633),  by  Mr.  Donnelly 208 

grade  changes,  damage,  compensation,  article  1,  new 

section  (Int.  No.  597),  by  Mr.  Tuck 197 

health,  property  dangerous  to,  article  1,  new  section 

(Int.  No.  671),  by  Mr.  Bannister 225,     579 

lands  under  water,  article  1,  new  section   (Int.  No. 

546),  by  Mr.  Low 189,     249 

municipal  corporations,  public  uses,  article  1,  section  7 

(Int.  No.  685),  by  Mr.  Blauvelt 237 

public  improvement,  assessments  for,  article  1,  section 

7  (Int.  No.  484),  by  Mr.  Frank 176 

streets,  etc.,  open,  grade,  necessity,  damage,  article  1, 

section  7  (Int.  No.  322),  by  Mr.  Kyan 121 

water  power,  electricity,  development,  article  1,  sec- 
tion 6  (Int.  No.  248),  by  Mr.  Baldwin.  .  .96,  139,  146 
water,  power,  storage,  article  1,  section  7    (Int.   No. 

512),  by  Mr.  E.  N.  Smith 181 

water  regulation,  lands  for,  article  1,  section  7   (Int. 

No.  687),  by  Mr.  Landreth 237 

water    storage,    regulating,    etc.,    article    7,    section   7 

(Int.  No.  370),  by  Mr.  Dow 138,     232 

water  supply,  power,  etc.,  article  1,  section  6  (Int.  No. 

348),  by  Mr.  Bunce 129,     146 

Property,  public,  exempt  from  taxation,  article  3,  new  sec- 
tion 24-a  (Int.  No.  619),  by  Mr.  Steinbrink 206 

public,  exempt  from  taxation,  article  7,  section  1  (Int. 

No.  126),  by  Mr.  Wagner 58 

public,  State  lands,  keep  as  forest  lands,  article  7,  new 

section  7  (Int.  No.  433),  by  Mr.  Meigs 158,     361 

public,  State  property,  exempt  local  tax,  article  8,  new 

section  (Int.  No.  496),  by  Mr.  T.  F.  Smith.  . 178 

public,  use  by  persons  or  corporations,  article  1,  sec- 
tion 6  ant  No.  348),  by  Mr.  Bunce .  .129.     146 


INDEX  907 

Property,  public  —  Continued :  PAGE 

public,  water,  water  power,  use  of,  regulating,  article  1, 

new  section  (Int.  No.  475),  by  Mr.  Kodenbeck.  ...      168 

232,     249 
real  property,  inchoate,  dower,  abolish,  article  1,  sec- 
tion 12  (Int.  No.  296),  by  Mr.  Brenner 116 

real  property,  tax  exemption  abolished,  article  3,  new 

section  (Int.  No.  424),  by  Mr.  Westwood 152,     304 

title,  land  registration  court,  article  6,  new  section  24 

(Int.  No.  119),  by  Mr.  Newburger 58 

titles,  registering,   county  registrars,   etc.,   article  10, 

new  section  (Int.  No.  60),  by  Mr.  Coles 43 

title,    registration,    land    division,     Supreme    Court, 

article  6,  new  section  (Int.  No.  527),  by  Mr.  Eeeves.     187 
Prostitution  districts,  condemned  buildings,  article  1,  sec- 
tions 6,  7  (Int.  No.  500),  by  Mr.  Parsons 179,     218 

Publications,   department  of,   article  5,  new  section   (Int. 

No.  545),  by  Mr.  Parsons 189 

Public  defenders,  counties,  article  10,  section  1,  (Int.  No. 

218),  by  Mr.  Shipman.  . 86 

Public  funds  for  school  purposes,  communication  from  resi- 
dents of  thirty-ninth  district 265 

Public  improvement,  bonds  for,  article  7,  new  section  (Int. 

No.  340),  by  Mr.  A.  E.  Smith 128 

Public  improvement,  debts  for,  instalments,  article  7,  sec- 
tion 4  (Int.  No.  477),  by  Mr.  Lincoln 168 

Public  improvement,  local  assessments,  article  1,  section  7 

(Int  No.  484),  by  Mr.  Frank 176 

Public  institutions,  commissioner  of,  appointment,  etc., 
article  5,  sections  1,  2,  5,  repeal  sections  3,  4  (Int.  No. 
172),  by  Mr.  Bernstein :74,  227,     232 

Public  service: 

Business  corporations,  regulating,  article  8,  section  16 

(Int.  No.  180),  by  Mr.  L.  M.  Martin 75,     345 

commissions,  constitutional  bodies,  article  5,  new  sec- 
tion (Int.  No.  706),  by  Public  Utilities  Committee.      339 
507,  508,  509,  512,  523,  533,  547,  556,  607,  624,     640 
commissioners,  constitutional  body,  new  article   (Int. 

No.  639),  by  Mr.  Hinman.  .  .' 209,  216,     339 


908  INDEX 

Public  service  —  Continued :  PAGE 

electricity,  water,  sale,  fourth  class  villages,  article  3, 

section  29  (Ink  No.  465),  by  Mr.  Tierney 167,     341 

electric  power  companies,  right  of  way,  forests,  article 

7,  section  7  (Int.  No.  570),  by  Mr.  Angell 193,     361 

franchises,  indeterminate,  prohibiting,  article  3,  new 

section  30  (Int.  No.  548),  by  Mr.  Low 190 

gas,  vessels  subject  to  pressure,  regulating,  article  5, 

new  section  (Int.  No.  488),  by  Mr.  Fogarty. .  .177,     342 
motor  bus  lines,  franchises,  article  3,  section  18  (Int. 

No.  566),  by  Mr.  Mealy 192 

municipal  ownership,  permitted,  article  12   (Int.  No. 

331),  by  Mr.  Franchot 123,     417 

municipal  ownership,  permitted,  article  12   (Int.  No. 

280),  by  Mr.  J.  L.  O'Brian 106,  156,     417 

municipal  ownership,  permitting,  article  12  new  (Int. 

No.  553),  by  Mr.  Eisner 190,  417,     525 

police  chiefs,  free  transportation,  article  13,  section  5 

(Int.  No.  204),  by  Mr.  Wiggins 82 

public  franchises,   condemnation,   article   1,  new   sec- 
tion 20  (Int.  No.  674),  by  Mr.  M.  Saxe 231 

Public     Service     Commission,     constitutional     body, 

article  5,  new  section  (Int.  No.  482),  by  Mr.  Coles.      176 

339 
Public     Service     Commission,     constitutional     body, 

powers,  article  5,  new  section   (Int.  No.   688),  by 

Mr.  Landreth 238,     339 

public  service  districts,  commissioners,  etc.,  article  5, 

new  section  (Int.  No.  161),  by  Mr.  Schurman.  .69,     162 

339 
Public  Service  Commissioners,  6,  election,  etc.,  article 

5,  section  1  (Int.  No.  332),  by  Mr.  O'Connor 123 

Public  Service  Commissioners,  terms,  etc.,  article  5, 

new  section  (Int.  No.  98),  by  Mr.  Foley.  .54,   162,     247 

339 
Public  Utilities  Commissioner,  appointment,  article  5, 
sections  1,  2,  5,  repeal  sections  3,  4  (Int.  No.  172), 

by  Mr.  Bernstein 74,  227,     232 

Public  Utilities  Commission,  establishing,  new  article 

(Int.  No.  249),  by  Mr.  Olcott 9"6,  162,  253,     339 

public  utilities,  duplicating,  article  1,  section  7  (Int. 

No.  640),  by  Mr.  Barnes 209,     216 


INDEX  909 

Public  service  —  Continued :  PAGE 

public  utilities,  supervision,  Commerce  and  Labor  De- 
partment, article  5,  section  2  (Int.  No.  86),  by  Mr. 

E.  N.  Smith 46,     223 

railroad  employees,  absent  at  elections,  article  2,  new- 
section  (Int.  No.  247),  by  Mr.  A.  E.  Smith 96, 

294,  336,     340 
railroad  tracks,   franchise,   local  bills,   article  3,   sec- 
tion 18  (Int.  No.  624),  by  Mr.  Wickersham.  .206,     217 

284,  287,  290,  314,     335 
rapid  transit,   New  York  city,   sinking  fund  bonds, 
article  8,  section  10,  and  new  section  12  (Int.  No. 

713),  by  Cities  Committee 431,  504,  542,  546,     556 

601,  603,  620,  621,  630,     631 
rates,  etc.,  laws  fixing,  prohibited,  article  3,  new  sec- 
tion 19  (Int.  No.  162),  by  Mr.  Mandeville 69 

water  power  division,  conservation  department,  article 

7,  new  section  7  (Int.  No.  438),  by  Mr.  Green.  .  159,     361 
water  power,  electricity,  taking  lands  for,   article   1, 

section  6  (Int.  No.  248),  by  Mr.  Baldwin.  .96,  139,     146 
Public  works,  commissioner  of,  appointment,  etc.,  article  5, 
sections  1,  2,  5,  repeal  sections  3,  4  (Int.  No.  172),  by 

Mr.  Bernstein 74 

Public  works,  etc.,  for  unemployed,  article  8,  new  section 

(Int.  No.  392),  by  Mr.  Curran 144 

Public   works,    superintendent,    abolishing,    article   5,    sec- 
tion 3  (Int.  No.  578),  by  Mr.  Cullinan 194 

Public  works,  superintendent,  abolishing,  article  5,  new  sec- 
tion (Int.  No.  645),  by  Mr.  Landreth 210,     232 

Public  works,  superintendent,  abolishing,  etc.,  article  5,  sec- 
tion 3  (Int.  No.  404),  by  Mr.  Latson 149,     456 

Public  works,  superintendent,  abolishing,  article  5,  section  3 

(Int.  No.  434),  by  Mr.  R  B.  Smith 159 

Public    works,    superintendent,    appointed    by    Governor, 
articles  4,  5,  8,  10,  11  (Int.  No.  472),  by  Mr.  Deyo.  . .      168 

272,     456 
Public  works,  superintendent,  appointment,  article  5,  sec- 
tions 1-4  (Int.  No.  555),  by  Mr.  Eisner 191,     223 

Public  works,  superintendent,  approval  appropriation,  arti- 
cle 3,  section  20  (Int.  No.  719),  by  Finance  Committee.     513 

547,  557,  607,     631 
Public  works,  superintendent,  canal  board,  article  5,  section 

5  (Int.  No.  363),  by  Mr.  Austin 137,  329,     378 


910  INDEX 

PAGE 

Public  works,  superintendent,  canal  board,  article  5,  repeal 
section  5;  new  section  (Int.  No.  725),  by  Governor  and 
Other  State  Officers  Committee 615,  641,  642,     648 

Public  works,  superintendent,  canal  employees,  article  5, 
section  3  (Int.  No.  364),  by  Mr.  Austin 137,     232 

Public  works,  superintendent,  elected  by  people,  article  5, 

section  3  (Int.  No.  81),  by  Mr.  Brackett 46 

Public  works,  superintendent,  election,  article  5,  section  3 

(Int.  No.  330),  by  Mr.  Curran 122 

Public  works,  superintendent,  election,  appointment,  article 
5,  sections  1-3,  new  section  10  (Int.  No.  246).  by  Mr. 
Berri .  ." .  .  96,     107 

Public  works,  superintendent,  statement  of  surplus  waters 
of  canals 238,     270 

Public  works,  superintendent,  to  furnish  information,  rela- 
tive to  courts  and  boards  of  claims 89,  90,     358 

Q. 

Quakers,  exempt  from  military  service,  article  1,  new  sec- 
tion (Int.  No.  440),  by  Mr.  Coles 163,  228,     627 

Quorum,  question  of,  raised  by  Mr.  Quigg 314,     500 

R. 

Railroad  Trainmen,  Brotherhood  of,  resolutions  from,  on 

short  ballot 379 

Reapportionment,  regulating,  article  10,  section  6;  article 
3,  sections  2-5,  8;  repeal  section  7  (Int.  No.  722),  by 

Legislative  Organization  Committee 556,  629,     638 

645,  647,  652,     653 

Records,  State  department  of,  establishing,  article  5,  section 
2  (Int.  No.  86),  by  Mr.  E.  N.  Smith 46,  223,     227 

Records,  superintendent  of,  counties,  article  10,  section  1 

(Int.  No.  444),  by  Mr.  Reeves 164 

Referee,  certain  judges  not  to  act  as,  article  6,  section  20 

(Int.  No.  104),  by  Mr.  Tiemey 54 

Referees,  judges  not  to  act  as,  article  6,  section  20  (Int.  No. 
224),  by  Mr.  Buxbaum 91 

Referee,  judicial  officers  not  to  act  as,  article  6,  section  20 

(Int.  No.  273),  by  Mr.  Ostrander 105 

Referees,  official,  1st  and  2d  departments,  secretary  to  ascer- 
tain names,  ages  and  previous  judicial  services 41 


INDEX  911 

PAGE 

Referees,  retired  judges,  Supreme  Court,  Court  of  Appeals, 
article  6,  new  section  24  (Int.  No.  463),  by  Mr.  C.  H. 
Young 166,     245 

Reformatories,  commissioner  of,  article  8,  sections  11,  12 

(Int.  No.  593),  by  Mr.  Parmenter 196,  224,     239 

Reformatories,  control  by  charities  department,  article  8, 
sections  11,  13,  15,  and  repeal  section  12;  article  5,  sec- 
tion 4  (Int.  No.  637),  by  Mr.  Hinman 208 

Reformatories,  control,  inspection,  article  8,  sections  11,  12, 
13,  15,  and  new  section  (Int.  No.  647),  by  Mr.  Water- 
man   210,     224 

Regents,  State  board,  name,  etc.,  article  9,  section  2  (Int. 

No.  506),  by  Mr.  F.  L.  Young 180 

Registers,  New  York  City,  terms,  removal,  article  10,  sec- 
tion 1  (Int.  No.  435),  by  Mr.  R.  B.  Smith.  .  .159,  203,     468 

Rehm,  William  T.,  and  others,  communication  from 256 

Religious  belief,  of  jurors,  article  1,  section    3    (Int.    No. 

173),  by  Mr.  Slevin 74 

Religious  institutions,  no  tax  exemption,  article  3,  new  sec- 
tion (Int.  No,  92),  by  Mr.  Nixon 47 

Religious  schools,  State  aid,  article  9,  repeal  section  4  (Int. 
No.  537),  by  Mr.  A.  E.  Smith 188 

Rensselaer  county,  Sportmen's  Association,  resolutions  from.     563 

Reporters,    official,    accommodation    in    committee    rooms; 

copies  of  documents,  etc 148 

Reporters  of  the  public  press,  designation  of  seats 32,     101 

Reports  of: 

banking  and  insurance  committee,  majority  report.  .  .  .  345 

banking  and  insurance  committee,  minority  report ....  346 

bill  of  rights  committee,  article  I  (Int.  No.  720)  ....  514 
bill   of  rights  committee,   article  I    (Int.   No.    720), 

minority  report 601-602 

Binghamton  Engineering  Society,  legislative  committee  184 

cities  committee,  building  zones  (Int.  No.  724) 579 

canals    committee,    reasons    for   proposed    amendment 

(Int.  No.  710) 403 

charities    committee,    favoring    proposed    amendment 

(Int.  No.   371) 410,  413 

cities  committee,,  home  rule  for  cities 417 

cities  committee,   home  rule  for  cities,   minority  re- 
port  418-422 


912  INDEX 

Reports  of  —  Continued :  PAGE 

civil  service  committee,  majority  report 580-582 

civil  service  committee,  minority  report 583-584 

committee  of  arrangements,  Magna  Charta  anniversary.     123 

174,     183 
committee  on  contingent  expenses,  estimated  expenses 

of  convention   107 

committee  on  contingent  expenses,  on  water  supply,  con- 
tract with  Great  Bear  Spring  Company 219,     220 

committee  on  contingent  expenses,  relative  to  contract 

with  Legislative  Index  Company 201 

committee  on  Governor  and  other  State  officers  (Int.  No. 

702),  extending  term  of  Governor,  minority  report.      310 
committee  on  Legislature,   its  organization,   etc.,   ad- 
versely on  several  proposed  amendments 199-200 

committee  on  Legislature,  its  organization,  etc.,  relative 
to  compensation  and  expenses  of  Legislature,  major- 
ity report   297 

committee  on  legislature,  its  organization,  etc.,  relative 
to     compensation     and     expenses     of     Legislature, 

minority  report 298 

committee  on  legislature,  its  organization,  etc.,  relative 

to  composition,  annual  sessions,  etc.  .169,  170,  222,     254 
committee  on  legislature,  its  organization,  etc.,  relative 
to  composition,  annual  sessions,  etc.,  minority  report.     171 

222,     255 
committee   on    library    and    information,    relative    to 

cost  of  legislative  branch  of  government 112 

committee   on    library    and    information,    relative    to 

information  from  Attorney-General 112 

committee   on    library    and    information,    relative   to 

number  of  pardons,  commutations,  etc 112 

committee   on    library    and    information,    relative    to 

vote  on  constitutional  amendments Ill 

committee  on  minor  offices 18,  19,       20 

committee  on  printing,   recommending  bid  of  J.   B. 

Lyon  Company 13 

committee  on  rules 17,  18,  31,  59,       88 

committee  on  rules,  assignment  of  rooms  to  several  com- 
mittees         34 

committee  on  rules,  minor  offices  and  contingent  ex- 
penses   47,       48 


INDEX  913 

Keports  of  —  Continued :  PAGE 

committee  on  taxation,  proposal  for  establishment  of 
State  Tax  Commission 201 

committees,  to  be  accompanied  by  concise  statement  of 
reasons  for  recommendation 95 

conservation  committee,  majority  report 360,  361-364 

371 

conservation  committee,  minority  report,  Mr.  Austin.      375 

376 

conservation  committee,  minority  report,  Mr.  Whipple     371 

375 

Constitutional    Convention    Commission,    final    report 
with  financial  statement 564-569 

contingent  expenses  committee,  contract  with  Legis- 
lative Index  Publishing  Company 454 

counties,  towns  and  villages  committee,  form  of  county 

government  (Int.  No.  721) 525,     526 

finance  committee,  memoranda  on  State  expenditures, 
etc 384-403 

finance  committee,  on  appropriations,  proposed  amend- 
ment (Int.  No.  719) 513 

finance  committee  on  State  debts,  serial  bonds,  etc., 

majority  report 315-324 

finance  committee  on  State  debts,  serial  bonds,  etc., 

minority  report 324-328,  413-417 

Governor  and  other  State  officers  committee,  land  board 

(Int.  No.  725) 615 

Governor  and  other  State  officers  committee,  relative  to 

State  officers,  departments,  boards  and  commissions.     456 

464 

Governor  and  other  State  officers  committee,  relative  to 
State  officers,  departments,  boards  and  commissions, 
minority  reports 468-477,     478 

Governor  and  other  State  officers  committee,  relative  to 
State  officers,  departments,  boards  and  commissions, 
minority  reports 464,  465,     466 

highway  commissioner,  response  to  resolution  for  in- 
formation        203 

Indian  relations  committee,  on  Indians  of  State,  self- 
government,  etc 347-356 

industrial  interests  and  relations  committee 432,     434 

435,     440 


914  INDEX 

Reports  of  —  Continued :  PAGE 

industrial  interests  and  relations  committee,  minority 
report  on  (Int.  No.  405) 442 

industrial  interests  and  relations  committee  on  (No. 
195,  Int.  No.  194),  delegating  legislative  powers, 
affecting  employees    333 

judiciary  committee,  on  judiciary  article,  majority 
report 480-497,     503 

judiciary  committee,  on  judiciary  article,  minority 
report ' 497-498 

legislative  organization  committee,  reapportionment 
(Int.  No.  722) ' 556 

legislative    organization   committee,    reapportionment, 

(Int.  No.  722),  minority  report 569-571 

militia  and  military  affairs  committee,  final  report ....      626 

New  York  State  Constitutional  Convention  Commis- 
sion   107,     132 

printing  committee  on  official  draft  of  constitution, 
suitable  bound,  print  300  copies 655 

public  utilities  committee,  relative  to  office  of  Public 

Service  Commission,  minority  report 339 

revision  and  engrossment  committee,  presenting  en- 
grossed copy  of  proposed  constitution.  .668-717,  718-735 

revision  and  engrossment  committee,  presenting  present 
constitution  with  amendments  adopted  properly  in- 
serted   660-667 

rules  committee,  general  orders 376 

rules  committee,  on  special  orders,  general  orders.  .  551,     656 

rules  committee,  on  special  orders,  speeches  of  indi- 
vidual members,  general  debate,  limitation.  .  .  .534,     557 

560,  572,  595,  611,     637 

Secretary  of  State  Hugo  on  recommendations  of  State 
Printing  Board,  relative  to  proposals  for  printing.  .        10 

special  committee,  on  time  and  manner  of  submission 

of  revised  constitution 738-742,  743-744 

special  committee,  to  prepare  address  to  the  people.  .  .      744 

756 

State  Printing  Board 30 

Reservoirs,  forest  preserve  lands,  new  article ;  repeal  article 

7,  section  7  (Int.  No.  708),  by  Conservation  Committee.      360 
376,  424,  427,  429,  432,  442,  524,  535,  552,  588,  589,     613 

616,     618 


INDEX  915 

Eesolutions :  PAGE 

address  to  people,  authenticated  by  president  and  secre- 
tary ;  print  20,000  additional  copies 756 

adjourn  as  expression  of  sympathy  and  respect  for  Mr. 
S.   K.   Phillips " 235 

adjourn  as  an  expression  of  sympathy  for  Delegate 
Dick,  death  of  his  wife 276 

adjourn  as  an  expression  of  sympathy  for  Delegate 
Hush  Rhees,  death  of  his  mother 289 

adjourn  Friday,  July  2nd,  to  AVednesday,  July  7th.  .  .      235 

adjourn  Friday,  July  16th,  to  Monday,  July  19th,  at 
8:30  p.  m 290,  293,     300 

adjourn  Friday,  July  23d,  to  Monday,  July  26th,  at 
8:30  p.  m 308,  313,     314 

adjourn  Friday,  May  27th  to  Wednesday,  June  2nd,  at 

12  m 118,     133 

adjourn  out  of  respect  to  memory  of  John  Clinton 
Gray 264 

adjourn  to  10  o'clock,  September  4th 656 

adjourn  to  Thursday,  September  9th,  at  8  o'clock  p.  m.     649 

amendments  deemed  advisable,  efforts  of  delegates  con- 
centrated upon 79 

amendments   upon   third    reading   or   general   orders, 

separate  files,  on  members  desks  daily .  .304,     340 

amendments  which  Legislature  has  submitted,  Secre- 
tary of  State  to  furnish  convention 41 

Andrews,  Hon.  Charles,  congratulations  of  the  conven- 
tion on  his  eighty-eight  birthday 132 

Appellate  Division,  Supreme  Court,  to  furnish  in- 
formation, relative  to  number  of  appeals;  cases  in- 
volving constitutional  law 228,     241 

appointment  of  committee  to  wait  upon  the  Governor 

and  inform  him  the  convention  is  now  organized.  .        14 

assembly  districts,  apportionment,  comparative  figures 
by  counties 108 

Attorney-General,  to  furnish  information,  relative  to 
matters  pending  before  Court  of  Claims.  .80,  112,     262 

271 

Attorney-General,  to  furnish  information,  relative  to 
matters  pending  before  Court  of  Claims 112-113 

Bar  Association,   State,   recommendations,  printed  as 

documents 146 


916  INDEX 

Resolutions  —  Continued :  PAGE 

books,  records,  and  papers,  deposited  in  State  Library.     757 

Bronx,  board  of  trade 245 

canal    board,    to    furnish    record,    surplus    waters    of 

canals,  contracts  or  agreements 124 

capitalization,  uniform  system  of,  committee  on  re- 
vision and  engrossment  to  adopt 102,     103 

capital  punishment,  hearings  on,  print  500  copies.  ..      293 

case  and  comment,  publishers,  appreciation  of  conven- 
tion for  copies  of  magazine 185 

certificate  of  election  as  delegates,  secretary  to  furnish 

members 637 

chairman  of  committees,   report  Monday,   July  26th, 

concerning  state  of  business  in  committees.  .  .  .313,     329 

charities,  State  board,  to  furnish  statement,  relative  to 
number  of  inmates  practiced  habit  of  smoking 
cigarettes 72,       73 

clerk,   directed   to   furnish   standing  committees  with 

stationery 123,     131 

clerk  of  convention  to  secure  from  appellate  division, 

number  of  appeals  from  orders  and  judgments.  ...        79 

clerk  of  convention  to  secure  from  Court  of  Appeals 

information  relative  to  number  of  cases  on  appeal .  .        33 

34,       60 

clerks  and  stenographers,  employment  of  and  compen- 
sation. .51,  52,  53,  60,  69,  70,  76,  88,  95,  98,  106,     138 
145,  156,  242,  250,  254,  267,  274,  278,  283,  285,     291 
292,  309,  343,  358,  379,  380,  426,     758 

clergymen,  opening  session  with  prayer,  compensation 
of 203 

commission  to  compile  additional  data,  relative  to  New 

York  City  and  the  several  counties  of  the  State 15 

committee  clerks,  to  deliver  books  and  records  to  com- 
mittee on  library  and  information 651 

committee  hearings,  consolidated  calendar  of,  posted  on 
bulletin  board   85,     100 

committee  hearings,  time,  place  and  subject  matter, 
posted  on  bulletin  board 63 

committee  meetings,  proceedings  of,  typewritten  copies 

furnished  delegates    " 78 


IKDEX  917 

Resolutions  —  Continued :  PAGE 

committee  of  thirty  to  tender  services  to  Legislature, 
appointed  by  the  President  upon  approval  of  Revised 
Constitution 759 

committee  on  printing,  to  ascertain  number  of  copies 
of  proceedings  on  hand,  and  additional  number 
needed 78 

committee  on  printing,  to  ascertain  why  printing  has 

not  been  delivered  as  required  by  contract 37 

committee  on  revision  and  engrossment,  instructed  to 
proceed  under  rule  67 649,     660 

committee  on  revision  and  engrossment,  to  employ 
expert   parliamentary   draughtsman 49,       77 

committee   on    rules,    to    assign    committee   rooms    to 

several  committees   24,  34,       52 

committee  reports,  to  be  accompanied  by  concise  state- 
ment of  reasons  for  recommendation 95 

committees,  names  of,  place  and  hour  of  meeting,  to  be 
posted  on  blackboards 89 

committees,  to  which  was  referred  proposed  amend- 
ments for  opinion,  transmit  opinion  to  committee 
having   original   jurisdiction 282 

communications,  petitions,  memorials,  etc.,  to  be  pre- 
served and  deposited  in  State  Library 242,     270 

Comptroller,  answer  to  resolution,  relative  to  sinking 
fund,  printed  as  document   285,     296 

comptroller  to  furnish  amounts  paid  for  special  counsel 
to  Attorney-General  and  attorneys  to  various  depart- 
ments   186,  240,  241,     272 

Comptroller,  to  furnish  information,  relative  to  cost  of 
legislative  branch  of  government,  years  1901  to 
1915 . 62,     112 

Comptroller,  to  furnish  information,  relative  to  trans- 
fer tax  proceedings 78,     160 

Comptroller,  to  furnish  statement  showing  amount  and 
term  of  bonds  issued  under  article  7  of  the  Constitu- 
tion   50,  61,  160,  174,  252,     285 

Comptroller,  to  furnish  statement  showing  compensa- 
tion and  fees  of  county  treasurers.  .  .  .66y  87,   155,     182 

Constitutional  Convention  Commission,  amounts  ex- 
pended, final  report,  approved 569 


918  INDEX 

Eesolutions  —  Continued :  PAGE 

Constitutional  Convention  Commission,  thanks  of  Con- 
vention for  their  efficient  services 569 

Constitution,  as  amended,  official  draft,  suitably  bound, 
print  not  to  exceed  300  copies 651,     655 

Constitution,  attested  by  the  President  and  Secretary, 
signed  by  members 736 

Constitution,  time  and  manner  of  submission 738-742 

743-744 

Convention  extends  its  thanks  to  Hon.  Thaddeus  C. 
Sweet  and  Hon.  Francis  M.  Hugo  for  valuable  serv- 
ices rendered 78,       79 

Court  of  Appeals,  opinion,  matter  of  claims  of  Marie 
Jensen,  printed  as  document    293 

Court  of  Appeals,  to  furnish  information  on  all  cases 
argued  during  years  1913,  1914 49,  60,  114,     131 

Court  of  Claims  and  Comptroller,  to  furnish  informa- 
tion relative  to  courts  and  boards  of  claims .  .  89,  112,     286 

304,     358 

debate,  committee  of  the  whole,  limited  to  fifteen 
minutes 428,     431 

debate,  limitation,  General  Order  No.  25,  powers  of 
Legislature 479 

debate,  limitation,  General  Order  No.  28,  taxation.  .  .      467 

debate,  limitation,  General  Order  No.  46,  the  budget 
plan 450 

debate,  limitation,  General  Order  No.  61,  judiciary.  .      532 

debate,  on  conservation,  special  rule 441-442 

debate,  on  General  Order  No.  48,  registration  of  voters, 
special  rule 445 

debate,  rule  for  limitation,  special  order,  committee  of 
the  whole 446 

Document  No.  1,  print  five  hundred  additional  copies.        41 

Document  No.  52,  print  additional  copies,  secretary  to 

distribute  as  desired  by  members 737 

document  room,  no  persons  admitted  except  superin- 
tendent and  assistants 98 

drinking  cups,  sanitary,  secretary  to  contract  for 214 

elevator  men  and  other  employees  of  capitol  building, 

thanks  tendered  to 759 

enumeration,  inhabitants  of  State,  Secretary  of  State 

requested  to  furnish 637,     761 


INDEX  919 

Resolutions  —  Continued :  PAGE 

Federation  of  Labor,  memorial  of,  printed  as  docu- 
ment   246,     269 

financial  clerk  and  assistant,  positions  created,  official 

undertaking  and  compensation 26,       27 

Finley,  John  H.,  Commissioner  of  Education,  thanks 
of  Convention  tendered  to 758 

general  orders  calendar,  proposed  amendments,  made 
special  orders 427,     503 

Governor,  invited  to  visit  and  address  the  delegates.  .        72 

Governor,  requested  to  report,  number  of  prisoners,  ap- 
plications for  pardon,  etc 102,     112 

Grand  Army  of  Republic,  appropriate  expression  of 
Convention .246,     250 

Great  Charter,  anniversary  exercises,  President  to  ad- 
dress Convention   101 

Great  Charter,  seven  hundredth  anniversary,  appro- 
priate exercises  on  June  15th. .  .  .14,  65,  101,  114,     123 

174,  183,     230 

Hagan,  Ellen  M.  B.,  assigned  to  position  of  acting  chief 
operator    305,     312 

hearings  before  committees  on  governor  and  State 
officers,  and  State  finances,  printed  as  document.  .  .      203 

Highway  Commissioner,  to  report  to  Convention  the 
amount  of  money  alloted  and  obtained,  each  county .        43 

61,     203 

Hospital  Commission,  State,  to  furnish  statement,  rela- 
tive to  number  of  patients  admitted  by  reason,  use  of 
cigarettes 73 

hours  for  daily  sessions 27,  35,  264,  271,  275,  308,     377 

428 

hours  for  daily  sessions,  changing 553 

Hullar,  Minnie  C,  leave  of  absence,  account  of  illness.     282 

291 

journal,  reading  of,  dispensed  with,  amendments  made 
on  legislative  day  following 57 

judiciary  committee  report  and  amended  article,  Gen- 
eral Order  No.  61,  print  500  additional  copies 503 

Knauber,  Jacob,  adjourn  out  of  respect  to  memory  of.  .      154 

155 

Legislative  Index  Publishing  Company,  contract  for 

1,350  copies  of  Constitutional  Convention  index.  .  .      454 


920  INDEX 

Kesolutions  —  Continued :  PAGB 

Legislative  Index  Publishing  Company,  to  furnish 
each  delegate  copy  of  index 201,     454 

legislative  librarian  and  assistant,  thanks  of  Convention 
tendered  to,  for  efficient  services 760 

Legislature,  composed  of  two  houses,  no  increase  in 
membership,  annual  sessions.  .  .102,  169,  171,  199,     222 

254 

libraries'  and  institutions  to  receive  copies  of  daily 
record,  also  to  receive  sets  of  binders 57 

Library,  New  York  State  Law,  and  each  of  such 
libraries,  to  receive  printed  copies  of  proposed 
amendments 42 

Magna  Charta,  proceedings  and  speeches,  printed  as 
document   230,     265 

Marshall,  John  K.,  stenographer,  and    his    assistants, 
and  J.  B.  Lyon  Company,  printers,  thanks  of  Conven- 
tion tendered  to 761 

matter  proposed  to  strike  out  shall  be  in  brackets,  new 
matter  underscored,  when  printed  in  italics 18 

New  York  and  Kings  counties,  commissioners  of  public 
records,  to  furnish  information,  relative  to  employees, 
salaries,   expenses,   etc 247,     274 

New  York  City,  board  of  estimate,  to  furnish  informa- 
tion, relative  to  taking  possession  of  private  prop- 
erty        260 

Nicoll,  Delancey,  Jr.,  appointed  assistant  clerk,  com- 
mittee on  judiciary,  without  compensation 289 

Nicoll.  Delancey,  profound  sympathy  tendered  to,  death 

of  his  only  daughter 24 

Norton,  Harmon  J.,  leave  of  absence,  account  of  ill- 
ness   360,     380 

officers  and  employees,  continued  after  adjournment.  .      758 

officers,  clerks  and  employees,  thanks  tendered  to,  for 

able  and  efficient  services 759 

officers,  employees  and  assistants,  and  fixing  their  com- 
pensation .  .  .  .10,  11,  18,  19,  20,  48,  51,  52,  53,  61,       70 
76,  77,  88,  95,  98,  106,  138,  145,  156,     242 
250,  254,  267,  274,  278,  283,  285,     291 
292,  309,  343,  358,  379,  380,  426,     758 

officers,  employees  and  assistants,  special  committee  and 
the  president  to  consider 11,  18,  19,  20,       48 


INDEX  921 

Resolutions  —  Continued :  PAGE 

official  referees,  1st  and  2d  departments,  secretary  to  as- 
certain names,  ages  and  previous  judicial  services.  .        41 

official  stenographer,  directed  to  excuse  general  stenog- 
raphers, July  3,  5  and  6 240,     271 

Patten,  Louise,  appointed  assistant  telephone  operator     306 

312 

positions  created  and  compensation.  .  .52,  53,  61,  76,       77 

88,  95,  98,     106 

"Preamble  and  Bill  of  Rights,"  change  title  to  "  Bill 
of  Rights  " 17 

president  and  vice-president,  to  take  part  in  discussions 
in  several  committees 17 

president,  authorized  to  appoint  committee  to  supervise 

work  of  revision  and  indexing 757,     762 

president,  authorized  to  designate  suitable  persons  to 
revise  and  index  the  record,  journal  and  documents. 

757,     762 

press,  gentlemen  of,  thanks  of  convention  tendered  to, 

for  fairness   and  impartiality 760 

print  additional  copies  of  records,  documents  and  jour- 
nals          87 

print  copies  of  record,  journal  and  documents  and  dis- 
tribution, rules  70  and  71 ••  .  .        88 

print  extra  copies  of  proposed  amendments  and  certain 
records 423 

print  500  additional  copies  of  document  No.  1 41 

print  200  additional  copies  of  records  Nos.  38  and  40 .  .      537 

print  300  additional  copies  of  several  proposed  amend- 
ments   and   records 737 

print  1,000  copies  of  address  of  the  president  in  com- 
mittee of  the  whole,  August  19th 532,     535 

print  2,500  copies  of  address  of  the  president  in  com- 
mittee of  the  whole,  relative  to  short  ballot 614 

print  500  copies  of  Attorney-General's  report,  relative 
to  claims  against  State 271 

print  1,000  copies  of  Constitution  of  1894,  and  all 

amendments  submitted  and  approved 57 

print  500  copies  of  pamphlet,  "  Comparative  Statement 
of  Constitutional  Provisions  relative  to  Finance, 
Taxation  and  Exemptions  " 63 

print   1,000   extra  copies  of  General  Order  No.   50, 

amendment  proposed  by  Cities  Committee 431 


922  INDEX 

Resolutions  —  Continued :  PAGE 

print  500  extra  copies  of  proposed  amendment,  No.  756 

(Int.  No.  679),  relative  to  taxation 315 

print  6,000  extra  copies  of  proposed  amendments,  at 
disposal  of  delegates,  distribution  of 90 

printing  board,  authorized  to  execute  contract  with  J. 
B.  Lyon  Company 13,       30 

prisons,  superintendent  of,  to  furnish  statement,  rela- 
tive to  number  of  inmates  practiced  habit  of  smok- 
ing cigarettes  . 73 

proposed  amendments,  limiting  time  of  introduction  to 
June  1,  1915 18,       71 

proposed  amendments,  suggestions  from  various  depart- 
ments, institutions  and  organizations 103 

record  of  proceedings  of  the  convention,  print  500  ad- 
ditional copies   377 

reporters,  official,  accommodation  in  committee  rooms; 

copies  of  documents,  etc.  . 148 

revision  committee,  members  of,  thanks  of  convention, 
tendered  to 758 

Root,  Hon.  Elihu,  thanks  of  convention  tendered  to,  for 

ability,  fairness  and  courtesy  as  President 761 

rule  15,  amended  by  subdividing  committees  into  two 
parts,  finance  and  taxation 15,       17 

rule  16,  amended,  relating  to  reports  from  commit- 
tees  141,     160 

rule  32,  amended 221,  236,  246,  251,     281 

rule  50,  amended 236,  246,     284 

rule  56,  amended 251 

rule  72,  amended,  officers  and  employees,  attendance, 

certified  by  supervising  authorities 70 

rules,  as  amended  to  date,  printed  as  document 292 

rules  committee,  to  confer  with  committees  upon  num- 
ber and  compensation  of  committee  clerks  and  ste- 
nographers          12 

rules  of  convention  as  adopted  April  6th,  secretary  to 
procure  copies  and  mail  to  members 16,  31,  98,       99 

rules  of  last  convention,  subject  to  changes,  adoption  of. 

9,  10,  17,  31,  70,  71,  141,  175,  221,  236,  251,  281,     284 

rules,  print  500  copies  as  amended  to  date 184 

rules  3,  35,  36,  50  and  56,  notice  to  suspend 649,     651 


INDEX  923 

Resolutions  —  Continued  :  PAGE 

rules   70,    71,    relative   to   printing   and   distribution, 

adoption 98,       99 

rules,  special  orders,  general  orders 551,  554,     595 

rules,  special  orders,  speeches  of  individual  members, 

general  debate,  limitation.  .534,  557,  560,  572,  595,     611 

637 

Schurman,  Hon.  Jacob  Gould,  and  Hon.  Morgan  J. 
O'Brien,  thanks  of  convention  tendered  to,  for 
efficient  services  as  vice-presidents 761 

seats,  assignment  of 12 

secretary,  authorized  to  contract  with  Great  Bear 
Spring  Water  'Company  for  supply  of  drinking 
water " 26,  219,     220 

secretary,  authorized  to  take  over  existing  telephone 
exchange  system  and  employ  two  operators 26 

secretary,  directed  to  place  order  for  printing,  to  comply 

with  rules  70  and  71 87 

secretary,  empowered  to  provide  necessary  blanks,  sta- 
tionery and  supplies 14 

Secretary  of  State,  furnish  100  copies  of  proposed 
amendments  to  each  member,  showing  old  and  new 
matter 760 

Secretary  of  State,  to  furnish  information,  relative  to 
number  of  indictments,  murder,  first  and  second  de- 
grees   253,     274 

Secretary  of  State,  to  furnish  number  of  votes  cast  for 
and  against  any  constitutional  amendment  submitted 
to  people  .  .  .  . 65,  66,  111,     243 

secretary,  requested  to  invite  clergymen  to  open  sessions 

with  prayer 26,  136,     156 

secretary,  to  notify  superintendent  of  buildings,  rooms 
required  for  use  of  convention 52,     106 

secretary,  to  procure  record  of  number  of  State  officers 

appearing  upon  ballot,  each  State  of  the  Fnion.  .  .  .56-57 

select  committee  on  amendments  adopted,   relative  to 

time  and  manner  of  submission  to  vote  of  electors .  .        72 

sessions  to  be  held  in  Assembly  Chamber,  Albany,  until 

further  notice 16 

societies  receiving  fines,  penalties  and  license  fees,  cities 

first  class,   information  on,   requested 116,     131 


924  INDEX 

Resolutions  —  Continued :  PAGE 

Society  of  Tammany  or  Columbian  Order,  memorial  of, 

printed  as  document 184,     225 

special  committee  to  draft  address  to  people,  and  fix 
time  and  manner  of  submission  of  proposed  new  con- 
stitution   637,  659,  738-742,  744-756 

speeches  of  Messrs.  Gutterie,  Herrick  and  Wickersham, 

before  committee  on  suffrage,  printed  as  document.  .      313 

•     426 

State  engineer,   to  furnish   statement  where   surplus 

waters  of  canals  are  used 124,  240,     304 

stationery,  supplies  and  material  remaining  after  close 
of  business,  delivered  to  superintendent  of  buildings.     757 

stenographer,  official,  allowed  pay  for  furnishing  two 
transcripts  of  his  notes 50,        77 

stenographers,  committee  on  minor  officers  to  recom- 
mend employment  of 38,  48,       88 

stenographers,  general,  attendance,  certain  days.  .  .  .218-219 

superintendent  of  buildings,  requested  to  have  one  ele- 
vator running  each  evening  until  ten  o'clock 1.16 

superintendent  of  documents,  to  deliver  all  copies  of 
record,  journals,  proposed  amendments  and  docu- 
ments to  State  Library , 651 

superintendent  of  public  works  to  furnish  statement 

relative  to  surplus  waters  of  canals. 238,     .270 

surviving  members  of  convention  of  1894  invited  to  at- 
tend sessions  of  the  convention 16,        18 

Tanner,  Hon.  Frederick  C,  telegram  to,  conveying  good 

wishes  and  speedy  recovery 614 

telephone  operators,  accomodations  for,  superintendent 

of  buildings  requested  to  rearrange 63 

Trask  memorial  ceremonies,  Saratoga  Springs,  appre- 
ciation of  kind  invitation  to  attend 229,     262 

Vaughn,  Frank  E.,  adjourn  out  of  respect  to  memory 
of 154,     155 

Walker,  Dr.  Mary,  privilege  of  addressing  the  conven- 
tion          290 

Whitman,  Governor  Charles  S.,  congratulations  and 
best  wishes  on  anniversary  of  his  birth 571 

Wilson,  President  Woodrow,  committee  to  extend  invi- 
tation to  address  the  Convention,  Magna  Charta 
anniversary 115 


INDEX  925 

Resolutions  —  Continued :  PAGE 
witnesses,  out  of  State,  desired  by  any  standing  com- 
mittee, payment  of  traveling  expenses 133,     154 

Woman  Suffrage,  not  to  submit  any  amendment  relat- 
ing to  subject 24,       40 

Rights,  acts,  singly,  in  concert,  article  1,  new  section  (Int. 

No.  598),  by  Mr.  Dahm. 197,     240 

Eights,  amending  generally,  article  1,  sections  6,  7   (Int. 

No.  720);  by  Bill  of  Rights  Committee 514,     600,     641 

654,     657,     658,     659 
Rights,  appeal  by  people,  criminal  action,  article  1,  section  6 

(Int.  No.  636),  by  Mr.  F.  Martin 208 

Rights,  capital  punishment,  abolish,  article  1,  new  section  7 

(Int.  No.  661),  by  Mr.  Curran 212 

Rights,  civil  cases,  no  arrests,  article  1,  section  5  (Int.  No. 

357),  by  Mr.  Brenner 130 

Rights,  civil  service  employees,  article  5,  section  9  (Int.  No. 

641),  by  Mr.  McKean 209,     580 

Rights,  civil  service  employees,  article  5,  section  9  (Int.  No. 

528),  by  Mr.  Steinbrink 187,     580 

Rights,   condemnation,   compensation,   article  1,   section   6 

(Int.  No.  348),  by  Mr.  Bunce 129,     146 

Rights,  contagious  diseases,  regulating,  article  1,  new  section 

(Int.  No.  681),  by  Mr.  Donovan 237 

Rights,  conviction,  crime,  appeal,  article  1,  section  4  (Int. 

No.  494),  by  Mr.  Harawitz ...  .     178 

RigLts,  criminal  charges,  article  1,  section  6  (Int.  No.  267), 

by  Mr.  Mann 104,     244 

Rights,  criminal  offenses,   article  1,  section  6,    (Int.   No. 

239),  by  Mr.  Austin 93 

Rights;  damages  by  intoxicated  persons,  article  1,  new  sec- 
tion (Int.  No.  390),  by  Mr.  Rhees 144 

Rights,  dealing  on  margins,  prohibited,  article  1,  section  9 

(Int.  No.  387),  by  Mr.  Deyo 143,     509 

Rights,  dower,  inchoate,  abolish,  article  1,  section  12  (Int. 

No.  296),  by  Mr.  Brenner 116 

Rights,  equal  protection  of  laws  to  all,  article  1,  section  6 

(Int  No.  16),  by  Mr.  Brackett 29 

Rights,  extradition,  habeas  corpus,  article  1,  section  4  (Int. 

No.  177),  by  Mr.  Dunmore 75 

Rights,  felony  charge,  witness  without  State,  article  1,  sec- 
tion 6  (Int.  No.  354),  by  Mr.  Kirby 130 


926  INDEX 

PAGE 

Rights,  forests,  condemnation,  article  7,  new  section  (Int. 
No.  543),  by  Mr.  Parsons 189 

Rights,  free  speech,  article  1,  section  8  (Int.  No.  599),  by 
Mr.  Dahm 197,     240 

Rights,  gambling,  prohibited,  article  1,  section  9  (Int.  No. 
643),  by  Mr.  Brackett 209 

Rights,  gambling,  etc.,  prohibited,  article  1,  section  9  (Int. 
No.  644),  by  Mr.  Brackett 210 

Rights,  grade  change  damage,   article   1,   section   7    (Int. 

No.  633),  by  Mr.  Donnelly 208 

Rights,  grade  changes,   damages,   compensation,   article   1, 
new  section  (Int.  No.  597),  by  Mr.  Tuck 197 

Rights,  grand  jury,  eliminate,  certain  cases,  article  1,  sec- 
tion 6  (Int.  No.*  461),  by  Mr.  F.  Martin 166,     204 

Rights,  grand  jury  indictment,  article  1,  section  6  (Int. 
No.  333),  by  Mr.  Coles 127 

Rights,  habeas  corpus,  suspending,  article  1,  section  4  (Int. 

No.  423),  by  Mr.  Curran.  .  . 152,     627 

Rights,  human  labor  not  a  commodity,  article  1,  section  6 

(Int.  No.  358),  by  Mr.  Wagner.  .' 136 

Rights,   individual,   criminal   charges,   article   1,   section   6 

(Int.  No.  368),  by  Mr.  Sears,  . .'. 138 

Rights,  individual,  criminal  charges,   article   1,   section   6 

(Int.  No.  11),  by  Mr.  C.  H.  Young 28,     244 

Rights,  judgment  by  magistrate,  guilty  plea,  article  1,  sec- 
tion 6  (Int.  No.  305),  by  Mr/Kirby 118 

Rights,  juries,  vacancies,  filling,  article  1,  section  2   (Int. 

No.  346),  by  Mr.  Wiggins 129 

Rights,  jury  trial,  certain  cases,  abolish,  article  1,  section  2 

(Int.  No*  278),  by  Mr.  Rodenbeck 106 

Rights,  jury  trial,  civil  cases,  regulating,  article  1,  sec- 
tion 2  (Int.  No.  292),  by  Mr.  Leggett Ill,     244 

Rights,  jury  trial,  waiving,  etc.,  article  1,  section  2  (Int. 
No.  188),  by  Mr.  Pelletreau 8C 

Rights,  jury  trial,  waiving,  article  1,  section  2   (Int.  No. 

369),  by  Mr.  Sears 13S 

Rights,  jury  trial,  workmen's  compensation,  article  1,  sec- 
tions 18,  19  (Int.  No.  714),  by  Industrial  Interests  Com- 
mittee  432,  628,  635,     647 

Rights,  jury,  verdict,  civil  cases,  article  1,  section  2  (Int. 
No.  350).  by  Mr.  Angel] 129 


INDEX  927 

PAGE 

Rights,  libel,  reparative  publicity,  article  1,  section  8  (Int. 

No.  677),  by  Mr.  Quigg 231 

Rights,  military  service,  peace  times,  article  11,  section  1 

(Int.  No.  529),  by  Mr.  Bayes 187,  228,     627 

Rights,  military  service,  scruples  against,  article  1,  new  sec- 
tion (Int.  No.  440),  by  Mr.  Coles 163,  228,.    627 

Rights,  oaths,  false,  disability,  article  13,  section  1   (Int. 

No.  609),  by  Mr.  Lincoln. 198 

Rights,    property,    assessments    for    public    improvement, 

article  1,  section  7  (Int.  No.  484),  by  Mr.  Frank 176 

Rights,  property,  condemnation,  article  1,  section  6   (Int. 

No.  441),  by  Mr.  Prank 163 

Rights,  property,  condemnation,   article  1,  section  6    (Int. 

No.  442),  by  Mr.  Frank 163 

Rights,   property,   condemnation,   article   1,   section   7 (Int. 

No.  483),  by  Mr.  Frank 176 

Rights,  property,  condemnation,  article  1,  sections  6,  7  (Int. 

No.  500),  by  Mr.  Parsons. 179,     218 

Rights,  property,  condemnation,  article  1,  section  7   (Int. 

No.  512),  by  Mr.  E.  N.  Smith ....      181 

Rights,  property,  condemnation,  article  1,  section  7   (Int. 

No.  617),  by  Mr.  Steinbrink 205,     230 

Rights,  property,  excess  condemnation,  abolishing,  article  1 , 

section  7  (Int.  No.  321),  by  Mr.  Dunmore 121 

Rights,  property,  taking,  compensation,  article  1,  section  7 

(Int.  No.  453),  by  Mr.  Baldwin 165 

Rights,  special  privileges,  prohibited,  article  3,  new  section 

(Int.  No.  701),  by  Legislative  Powers  Committee.  .  .309,  377 
428,  478,  479,  480,  499,  500,  504.  508 
Rights,  to  grand  jury,  article  1,  section  6  (Int.  No.  604  L 

by  Mr.  Franchot. 198,     244 

Rights,  to  jury  trial,  article  1,  section  2   (Int.  No.  217), 

by  Mr.  Wickersham 86 

Rights,  to  jury  trial,  criminal  cases,   article  1,   section   2 

(Int.  No'.  391),  by  Mr.  Curran 144 

Rights,  to  jury  trial,  waiving,  article  1,  section  2  (Int.  No. 

268),  by  Mr.  Mann 104 

Rights,   to   jury  trial,  waiving,   article   1,   section   2    (Int. 

No.  233)',  by  Mr.  J.  G.  Saxe 93 

Rights,  water  resnlation,  condemnation,  article  1,  section  7 

(Int.  No.  687),  by  Mr.  Landreth 237 


928  INDEX 

PAGE 

Rights,  witness  against  self,  article  1,  section  6  (Int.  No. 

232),  by  Mr.  J.  G.  Saxe 92 

River  improvement,  conservation  department,  article  7,  new 

section  7  (Int.  No.  438),  by  Mr.  Green 159,     361 

Rivers,  flow,  regulating,  article  7,  section  7  (Int.  No.  570), 

by  Mr.  Angell 193,     361 

Rivers,  regulating  flow,  article  1,  section  7  (Int.  No.  512), 

by  Mr.  E.  N.  Smith 181 

Roads,  private,  taking  property  for,  article  1,  section  7,  and 

new  section  (Int.  No.  55),  by  Mr.  R.  B.  Smith.  .40,  146,     147 

Rochester : 

chamber  of  commerce,  memorial  from 377 

common  council,  resolutions  from 553 

debt  limit,  water  debts,  article  8,  section  10,  and  new 

section  12  (Int.  No.  713),  by  Cities  Committee 431 

504,  542,  546,  556,  601,  603,  620,  621,  630,  631 
debt  limit,  water  debts,  excluded,  article  8,  section  10 

(Int.  No.  665),  by  Mr.  Sanders 213,  431 

Rochester,  professional  engineers,  memorial  from 155 

Rooms  required  for  use  of  convention,  secretary  to  notify 

superintendent  of  public  buildings 52 

Root,  Elihu,  conducted  to  chair  by  committee 8 

Root,  Elihu,  elected  president * 7 

Root,  Hon.  Elihu,  thanks  of  convention  tendered  to,  for 

ability,  fairness  and  courtesy  as  president 761 

Root,  Elihu,  nominated  for  president  by  Mr.  Low 7 

Root,  Elihu,  opening  address 8 

Rule    15,    amended   by   subdividing   committees   into   two 

parts,  finance  and  taxation 15 

Rules  Committee,  appointment  made  by  Mr.  President ....  14 
Rules  Committee,  to  assign  committee  rooms  to  several  com- 
mittees   24,  34 

Rules  Committee,  to  confer  with  committees  upon  number 

and  compensation  of  committee  clerks  and  stenographers.  12 

Rules  of  last  convention,  subject  to  change,  adoption  of .  .9,  10 

98,  99,  141,  160,  175,  221,  236,  251,  281,  284 

Rules,  print  500  copies  as  amended  to  date 184 


INDEX  929 


g  PAGE 

Safety,  public,  county  and  town,  powers,  article  3,  sections 
26,  27;  article  10,  section  2  (Int.  No.  721),  by  County, 

Town  and  Village  Committee 526,     612,     624,     634 

Sanitary  drinking  cups,  secretary  to  contract  for 214 

Sergeant-at-arms,  election  of 8 

Scburman,  Hon.  Jacob  Gould,  thanks  of  convention  ten- 
dered to,  for  efficient  services  as  vice-president 761 

Scburman,  Jacob  Gould,  elected  first  vice-president 11 

Seats,  assignment  of 12 

Seats,  drawing  of 12 

Second  senatorial  district,  residents,  memorial  from 426 

Secretary  authorized  to  procure  printed  copies  of  rules  as 

adopted  April  6th,  and  mail  same  to  members 16,       32 

Secretary  of  State,  canal  board,  article  5,  repeal  section  5 ; 
new  section  (Int.  No.  725),  by  Governor  and  Other  State 

Officers  Committee   615,     641,     642,     648 

Secretary,    designated    Fred   W.    Hammond,    for    signing 

official  papers  and  certifications 49 

Secretary,  election  of 8 

Secretary  of  State,  appointed  by  Governor,  articles  4,  5,  8, 

10,  11  (Int.  No.  472),  by  Mr.  Deyo 168,     227,     456 

Secretary  of  State,  appointed  by  Governor,  article  5,  sec- 
tion 1  (Int.  No.  635),  by  Mr.  Donnelly 208,     456 

Secretary  of  State,  appointed  by  Governor,  article  5,  sec- 
tion 1  (Int.  No.  179),  by  Mr.  L.  M.  Martin 75,     456 

Secretary  of  State,  appointed  by  Governor,  article  5,  sec- 
tion 1  (Int.  No.  125),  by  Mr.  C.  Nicoll 58,     456 

Secretary  of  State,  appointed  by  Governor,  article  5,  sec- 
tion 1  (Int.  No.  222),  by  Mr.  Pelletreau 91,     456 

Secretary  of  State,   appointment  by  Governor,   article  5, 
sections  1,  2,  5,  repeal  sections  3,  4  (Int.  No.  172),  by 

Mr.  Bernstein 74,     217,     227,     232,     456 

Secretary  of   State,   appointment,   article  5,   sections   1-4 

(Int.  No.  555),  by  Mr.  Eisner 191,     223 

Secretary  of  State,  appropriation,  estimates,  article  3,  sec- 
tion 20  (Int.  No.  719),  by  Finance  Committee 513 

547,  557,  607,     631 
Secretary  of  State,  communication  from,  answer  to  resolu- 
tion requesting  information 293 

30 


930  INDEX 

PAGE 

Secretary  of  State,  communication  from,  relative  to  pro- 
posed amendments 293 

Secretary  of  State,  communication  from,  relative  to  recent 

enumeration •  vl 

Secretary  of  State,  election,  appointment,  article  5,  sections 

1-3,  new  section  10  (Int.  No.  246),  by  Mr.  Berri 96,     107 

Secretary  of  State,  election  validity,  article  14,  sections  1, 
2,  3,  and  new  section  (Int.  No.  715),  by  Future  Amend- 
ments Committee 451,  558,  560,  574,  608,     609 

610,  624,     632 
Secretary  of  State,  four-year  term,  article  5,  section  1  (Int. 

No.  109),  by  Mr.  Bockes 55 

Secretary  of  State,  four-year  term,  article  5,  section  1  (Int. 

No.  134),  by  Mr.  Dooling 64,     161 

Secretary  of  State,  Governor  to  appoint,  article  5,  section 

2  (Int.  No.  415),  by  Mr.  Wadsworth 151 

Secretary  of  State,  Governor  to  appoint,  article  5,  section 

1  (Int.  No.  418),  by  Mr.  Wadsworth 151,     456 

Secretary  of  State,  Hon.  Francis  M.  Hugo,  called  the  Con- 
vention to  order 3 

Secretary  of  State,  member  Governor's  council,  article  4, 

section  4  (Int.  No.  221),  by  Mr.  Pelletreau. .  .91,  156,     383 
Secretary  of  State,  presented  by  committee,   receives  en- 
grossed copy  of  revised  Constitution. 671 

Secretary  of  State,  requested  to  furnish  last  enumeration,  in- 
habitants of  State 637 

Secretary  of  State,  seat  in  legislature,  article  5,  section  2 

(Int.  No.  223),  by  Mr.  PeUetreau 91,     125 

Secretary    of    State,    term,    repeal,    article    5,    section    2 

(Int.  No.  110),  by  Mr.  Bockes 55,     456 

Secretary  of  State,  to  furnish  information,  relative  to  mur- 
der, first  and  second  degrees,  number  of  cases 253,     274 

Securities,   municipal,   commission  to  regulate,   article   8, 

new  section  (Int.   No.  455),  by  Mr.  Baldwin 165,     204 

229,  431,     525 
Senate : 

abolishing,  article  3,  sections  1,  6-12,  14,  15,  16,  20, 
25,  repeal  sections  3,  4,  13  (Int.  No.  230),  by  Mr. 

Kirk 92,     200 

adjournment,  article  3,  section  15  (Int.  No.  589),  by 
Mr.   Mandeville 196 


INDEX  931 

Senate  —  Continued :  PAGE 

appropriation  bills,  powers  to  amend,  article  3,  section 

13   (Int.  No.  168),  by  Mr.  Pelletreau 73 

bills,  passing,  limit  to  50  a  week,  article  3,  section  13 

(Int.  No.  667),  by  Mr.  Westwood 213,  290,     291 

constitutionality,   referendum,   new  article   (Int.   No. 

558),  by  Mr.  Eisner 191,     215 

Court  of  Claims,  judges,  removal,  article  6,  section  11 

(Int.  No.  467),  by  Mr.  Cobb 167 

direct  tax  bill  passing,  vote  required,  article  3,  sec- 
tion 15  (Int.  No.  120),  by  Mr.  Baldwin 58 

districts,  altering,  article  3,  section  4  (Int.  No.  231), 
by  Mr.  Sheehan 92 

districts,  maximum  number  any  county,  article  3,  sec- 
tion 4  (Int.  No.  673),  by  Mr.  M.  J.  O'Brien.  .231,     258 

262,  265,     267 

districts,  reapportion  by  Legislature,  article  3,  section 
4  (Int.  No.  259),  by  Mr.  Betts 98 

districts,  reapportion,  regulating,  article  3,  sections 
3-5 ;  article  6,  section  1 ;  article  12,  section  2  (Int. 
No.  389),  by  Mr.  Betts 144 

districts,  reapportion,  regulating,  article  10,  section  6; 
article  3,  sections  2-5,  8 ;  repeal  section  7  (Int.  No. 
722),  by  Legislative  Organization  Committee.  .556,     629 

638,  645,  647,  652,     653 

districts,  reapportioning,  article  3,  section  4  (Int.  No. 
228),  by  Mr.  Foley 92 

districts,  reapportioning,  article  3,  section  4  (Int.  No. 
680),  by  Legislative  Organization  Committee.  .235,     255 

276 

districts,  reapportioning,  by  Legislature,  article  3,  sec- 
tion 4  (Int.  No.  684),  by  Mr.  Haffen 237 

districts,  reapportioning,  regulation,  article  3,  section 

4  (Int.  No.  298),  by  Mr.  Bernstein 117 

Governor's  appointees,  consent  abolished,  article  4, 
new  section  (Int.  No.  293),  by  Mr.  Leggett.  .111,     456 

President,  act  as  Governor,  article  4,  section  7  (Int. 
No.  517),  by  Mr.  Johnson 182 

President,  not  member  of  impeachment  court,  article 
6,  section  13  (Int.  No.  137),  by  Mr.  Eosch 64 

President,  temporary,  convene  impeachment  court, 
article  6,  section  13  (Int.  No.  695),  by  Legislative 
Powers    Committee 280 


932  INDEX 

Senate  —  Continued :  PAGE 

Public  Service  Commissioners,  removal,  article  5,  new 

section  (Int.  No.  482),  by  Mr.  Coles 176 

Public  Service  Commissioners,  removal,  article  5,  new 
section  (Int.  No.  706),  by  Public  Utilities  Com- 
mittee. ..  .339,  507,  508,  509,  512,  523,  533,  547,     556 

607,  624,     640 
State  officers,  seats,  article  5,  section  2,  (Int.  No.  223), 

by  Mr.  Pelletreau 91,     125 

temporary  President,  act  as  Governor,  article  4,  sec- 
tions 6,  7,  (Int.  No.  385),  by  Mr.  K.  B.  Smith. .     143 

295,  406,  579,  600,     605 
temporary  President,  presiding,  article  3,  section  10 

(Int.  No.  290),  by  Mr.  E.  B.  Smith 111,  132,     239 

274,  288,  575,  600,     604 
terms,  two  years,  salary  $3,500,  article  3,  sections  2, 

6  (Int.  No.  30),  by  Mr.  Richards 36 

Senators : 

appearing  before  State  officials  as  attorney,  article  3, 

new  section  (Int.  No.  653),  by  Mr.  Cobb 211 

members   impeachment   court,    article    6,    section    13 

(Int.  No.  518),  by  Mr.  Johnson 182 

members  of  impeachment  court,  article  6,  section  13 

(Int.  No.  141),  by  Mr.  R  B.  Smith 65 

number,  districts,  article  3,  section  4  (Int.  No.  559), 

by  Mr.  Griffin 191 

number,  24,  term,  etc.,  article  3,  sections  2-4;  article 

14,  section  1  (Int.  No.  276),  by  Mr.  Schurman 105 

200,  255,     276 
number,  25,  term  4  years,  article  3,  section  2  (Int.  No. 

626),  by  Mr.  c/Nicoll 207 

number,  55,  terms  4  years,  article  3,  sections  2-4  (Int. 

No.  693),  by  Mr.  Haffen 257 

number,   100,  salary  $3,000,   article  3,  sections  1,   2 

(Int.  No.  299),  by  Mr.  Bernstein 117,     201 

salary,  increase  to  $4,000,  article  3,  section  6    (Int. 

No.  48),  by  Mr.  Griffin 39 

salary,  increasing,  article  3,  section  6  (Int.  No.  697), 

by  Legislative  Organization  Committee.  .296,  406,     407 

510,  518,  555,  561,  585,     586 
salary,  $3,000,  article  3,  section  6  (Int.  No.  396),  by 

Mr.    Curran 145 


INDEX  933 

Senators  —  Continued :  PAGE 

salary,  $3,000,  article  3,  section  6  (Int.  No.  53),  by 

Mr.    Latson 53 

salary,  $3,000,  article  3,  section  6  (Int.  No.  294),  by 

Mr.  Tuck Ill 

salary,  $3,500,  allowances,  article  3,  section  6   (Int. 

No.  133),  by  Mr.  Harawitz 64 

sixty  members  at  $5,000,  article  3,  section  1  (Int.  No 

41),  by  Mr.  McKinney 38,     200 

temporary  President,  act  as  Governor,  article  3,  new 

section  (Int.  No.  386),  by  Mr.  E.  B.  Smith 143 

terms,  one  year,  article  3,  section  2;  article  14,  sec- 
tion 1  (Int.  No.  600),  by  Mr.  Dahm 197 

terms,  four  years,  article  3,  section  2   (Int.  No.  47), 

by  Mr.  Griffin 39 

terms,  four  years,  article  3,  section  2 ;  article  10,  sec- 
tion 6  (Int.  No.  244),  by  Mr.  Lindsay 94 

terms,  four  years,  article  3,  section  2  (Int.  No.  166), 

by  Mr.  Pelletreau 73 

terms  of,  four  years,  salary  $3,000,  article  3,  sections 

2,  6  (Int.  No.  93),  by  Mr.  Standart 47 

terms,  four  years,  article  3,  section  2  (Int.  No.  459), 

by  Mr.   Tanner 166 

terms,  four  years,  article  3,  section  2  (Int.  No.  417), 

by  Mr.  Wadsworth 151,     215 

Seventh  senatorial  district,  residents,  memorial  from 425 

Sheriffs,  appointed  by  Governor,  article  10,  sections  1,  2 

(Int.  No.  178),  by  Mr.  L.  M.  Martin 75,     525 

Sheriffs,  may  succeed  themselves,  article  10,  section  1  (Int. 

No.  325),  by  Mr.  Dunmore 121 

Sheriffs,  may  succeed  themselves,  article  10,  section  1  (Int. 

No.  57),  by  Mr.  Kirby 40,  42,  340,  447,     468 

Sheriffs,  succeed  themselves,  article  10,  section  1  (Int.  No. 

717),  by  County,  Town  and  Village  Officers  Committee.     468 
Sheriffs,  terms,  removal,  New  York  city,  etc.,  article  10, 

section  1  (Int.  No.  435),  by  Mr.  K.  B.  Smith.  .159,  203,     468 
Shotwell,  George  S.,  vote  on  candidacy  for  official  stenog- 
rapher           9 

Sinking  funds,  surplus,  using,  article  7,  section  5  (Int.  No. 

199),  by  Mr.  Blauvelt 82,     456 

Sinking  funds,  surplus,  using,  article  7,  section  5  (Int.  No. 
629),  by  Mr.  Parsons 207 


934  INDEX 

PAGE 

Sixth  Senatorial  district,  residents,  memorial  from 425 

Smith,  A.  E.,  appointed  as  teller 6 

Smith,  James,  communication  from 65 

Societies,  receiving  fines,  penalties  and  license  fees,  informa- 
tion requested,  cities  of  first  class 116,     131 

Society  of  Tammany  or  Columbian  Order,  memorial  from.      183 
South  Bronx  Property  Owners  Association,  communication 

from 133 

Spanish- American  War  Veterans  Civil  Service  Association.    •  576 

Spanish- American  war  veterans,  petition  from 576 

Spanish  war  veterans,  civil  service  preference,  article  5,  sec- 
tion 9  (Int.  No.  53),  by  Mr.  Dunmore 39 

Special  committee  on  nominations  for  minor  officers,  ap- 
pointment made  by  Mr.  President 14,  18,  19,       20 

Specie  payment,  suspended,  article  8,  section  4,  and  repeal 

sections  5-8  (Int.  No.  474),  by  Mr.  Leggett 168,     345 

Standing  committees,  appointment  of 20-24 

State,  actions  against,  as  an  individual,  article  1,  section  1 

(Int.  No.  95),  by  Mr.  Westwood 47,  248,     306 

State,  actions  against,  liability,  article  6,  new  section  (Int. 

No.  349),  by  Mr.  Angell 129 

State  Bar  Association,  committee  of,  communication  from.        65 
State  Bar  Association,  recommendations  of,  presented  'by 

Mr.  Clearwater 26,     146 

State  board  of  estimate,  article  4,  new  section  10  (Int.  No. 

19),  by  Mr.  Aiken 29,  42,     383 

State  boards,  official,  unreasonable  rules,  article  3,  new  sec- 
tion (Int.  No.  574),  by  Mr.  Dunmore 194 

State  bonds,  anticipation  of  taxes,  article  7,  section  2  (Int. 

No.  437),  by  Mr.  E.  B.  Smith 159 

State  bonds,  for  public  improvement,  article  7,  new  section 

(Int.  No.  340),  by  Mr.  A.  E.  Smith 128 

State  bonds,  maturity,  article  8,  new  section  (Int.  No.  646), 

by  Mr.  Van  Ness 210 

State  budget  commission,  establishing,  article  4,  new  sec- 
tion 10  (Int.  No.  13),  by  Mr.  C.  H.  Young 29,  155,     383 

State  budget,  providing  for,  article  3,  section  21  (Int.  No. 

709),  by  Finance  Committee 384,  445,  446,  454,     455 

501,  510,     519 
State  debts,  bond,  anticipate  taxes,  article  7,  section  2  (Int. 
No.  362),  by  Mr.  Austin 137 


INDEX  935 

PAGE 

State  debts,  by  contract,  accrual,  article  7,  section  6  (Int. 

No.  339),  by  Mr.  A.  E.  Smith 127 

State  debts,  contracting,  sinking  fund,  article  7,  section  4 

(Int.  No.  100),  by  Mr.  Wagner 54 

State  debts,  counsel  to,  abolish,  article  5,  section  1  (Int.  No. 

605),  by  Mr.  Kirby 198 

State  debts,  creating,  regulating,  article  7,  sections  2,  4,  5, 

11  (Int.  No.  692),  by  Finance  Committee 250,     287 

State  debts,  funded,  maturing,  article  8,  new  section  (Int. 

No.  470),  by  Mr.  E.  B.  Smith 167,     230 

State  debts,  laws  creating,  article  7,  section  4   (Int.  No. 

577),  by  Mr.  Cullinan 194 

State  debts,  payment,  annual  installments,  article  7,  section 

11  (Int.  No.  520),  by  Mr.  Lincoln 182 

State  debts,  regulating,  serial  bonds,  article  7,  sections  2,  4, 

5,  11,  12  (Int.  No.  705),  by  Finance  Committee 315,     330 

342,  376,  382,  423,  424,  510,  518 
State  debts,  serial  bonds,  etc.,  article  7,  sections  4,  11,  12 

(Int.  No.  469),  by  Mr.  E.  B.  Smith 167 

State  debts,  service  boards,  etc.,  article  7,  section  4  (Int. 

No.  509),  by  Mr.  Austin , 180,     245 

State  departments,  offices,  creation,  limiting,  article  5,  new 

section  10  (Int.  No.  186),  by  Mr.  Lincoln 76,     456 

State  departments,  reorganizing,  article  5,  section  2   (Int. 

No.  86),  by  Mr.  E.  N.  Smith 46,  223,     227 

State  constabulary,  prohibit,  article  4,  sections  4,  6  and  new 

section  (Int.  No.  397),  by  Mr.  Curran 145 

State  Engineer  and  Surveyor,  to  furnish  information,  rela- 
tive to  courts  and  boards  of  claims 89,  90,     304 

State  government,  reorganization,  article  4  new;  article  5 

new  (Int.  No.  498),  by  Mr.  J.  G.  Saxe 179,  199,     218 

384,  456 
State  government,  reorganization,  article  4  new;  article  5, 

new  (Int.  No.  540),  by  Mr.  J.  G.  Saxe 189,  204,     227 

•   €  384     456 

State  government,  reorganization,  article  5,  section  1,  (Int. 

No.  694),  by  Mr.  J.  G.  Saxe 272,     456 

State  institutions,  appropriation  bills  for,  article  3,  sections 

15,  20,  21,  24  (Int.  No.  338),  by  Mr.  A.  E.  Smith 127 

232,     233 


936  INDEX 

PAGE 

State  institutions,  supervision  by  treasurer,  article  5,  new 

section  (Int.  No.  583),  by  Mr.  E.  B.  Smith 195 

State  labor,  8-hour  day,  article  1,  new  section  (Int.  No, 

394),  by  Mr.  Curran 144 

State  lands,  control  engineering  department,  article  5,  new 

section  (Int.  No.  645),  by  Mr.  Landreth 210,     232 

State  lands,  keep  as  forest  lands,  article  7,  new  section  7 

(Int.  No.  433),  by  Mr.  Meigs 158,     361 

State  loans,  proceeds,  use  of,  article  7,  new  section  13  (Int. 

No.  6),  by  Mr.  Parsons 28 

State  officers,  appearing  upon  ballot,  each  state  of  the  Union, 

secretary  to  procure  record 57 

State  officers,  appointed  by  Governor,  term,  article  10,  sec- 
tion 3  (Int.  No.  Ill),  by  Mr.  E.  B.  Smith 55,     456 

State  officers,  compensation,  salary  only,  article  10,  section 

9  (Int.  No.  89),  by  Mr.  Kirby 47 

State  officers,  election,  appointment,  regulation,  article  5, 

section  1-3,  new  section  10  (Int.  No.  246),  by  Mr.  Berri.        96 

107 
State  officers,  impeachment,  article  6,  section  13  (Int.  No. 

141),    by  Mr.  E.  B.  Smith 65 

State  officers,  reorganizing,  article  5,  section  1   (Int.  No. 

85),  by  Mr.  E.  N.  Smith 46,  217,  227,     456 

State  officers,  removal,  article  4,  section  4  (Int.  No.  552),  by 

Mr.  Eisner   190,     456 

State  officers,  removal,  article  4,  section  10  (Int.  No.  623), 

by  Mr.  Tanner 206 

State  officers,  reorganization,  article  5,  sections  1-4;  6-7 

repeal;  new  article  5  (Int.  No.  716),  by  Governor  and 

Other  State  Officers  Committee 456,  548,  562,  563,     571 

572,  573,  587,  615,  623,  629,  633 
State  officials,  receiving  pensions,  limit  pay,  article  10,  new 

section  (Int.  No.  505),  by  Mr.  F.  Martin 179 

State  prison  commission,  abolish,  article  8,  sections  11,  13, 

15,  repeal  section  12;  article  5,  section  4  (Int.  No.  637), 

by  Mr.  Hinman 208 

Statistics  and  publication,   department  of,   article  5,  new 

section  (Int.  No.  545),  by  Mr.  Parsons 189 

Statistics,  judicial,  providing,  article  6,  section  21  (Int.  No. 

454),  by  Mr.  Baldwin   165 


INDEX  937 

PAGE 

Steam,  pressure,  vessels,  regulating,  article  3,  new  section 
(Int.  No.  488),  by  Mr.  Fogarty   177,     342 

Steinbrink,  Mr.,  appointed  as  teller 6 

Stenographer,  official,  allowed  pay  for  furnishing  two  tran- 
scripts of  his  notes   50 

Stenographer,  official,  election  of 8,         9 

Stenographers  and  clerks,  employment  and  compensation.  .  50 
51,  52,  53,  70,  76,  77,  88,  95,  98,  106,  138,  145,  156,  242 
250,  254,  267,  274,  278,  283,  285,  291,  292,  309,  343,     358 

379,  380,     426 

Stenographers,  ten  general,  committee  on  minor  offices  to 
recommend  employment  of 38,       48 

Stockholders,  business  corporations,  rights,  article  8,  new 
section  16  (Int.  No.  180),  by  Mr.  L.  M.  Martin 75,     345 

Stock  exchanges,  supervision,  article  3,  new  section  (Int. 
No.  581),  by  Mr.  R.  B.  Smith 195,     345 

Stocks,  dealing  on  margins  prohibited,  article  1,  section  9 
(Int.  No.  387),  by  Mr.  Deyo 143,     509 

Stock  Market,  incorporating,  article  8,  section  4,  new  (Int. 
No.  388),  by  Mr.  Deyo 143,     345 

Streams,  flow,  regulating,  forest  lands  for,  new  article; 
repeal  article  7,  section  7  (Int.  No.  708),  by  Conserva- 
tion Committee 360,  376,  424,  427,  429,  432,     442 

524,  535,  552,  588,  589,  613,  616,     618 

Streets,  open,  grade,  necessity,  lamages,  article  1,  section  7 

(Int.  No.  322),  by  Mr.  Ryan 121 

Suffrage,  woman,  not  to  submit  any  amendment  relating  to 
subject 24,       40 

Summer  resorts,  organization,  voting,  article  2,  sections  1, 
4,  6;  article  12,  section  1  (Int.  No.  678),  by  Mr.  Dun- 
more 231,  282,     525 

Superintendent  of  documents,  to  deliver  all  records,  journals 
and  documents  to  State  library 651 

Superior  Court,  establish,  jurisdiction,  etc.,  article  6,  (Int. 
No.  308),  by  Mr.  Reeves 119 

Supervisors,  delegating  powers  to,  article  3,  section  27  (Int. 
No.  288),  by  Mr.  R  B.  Smith 110,     525 

Supervisors,  election  by  county,  article  3,  section  26  (Int. 
No.  12),  by  Mr.  C.  H.  Young 28,     525 

Supreme  Court: 

actions  against  State,  exclusive  jurisdiction,  article  1, 
section  1  (Int.  No.  95),  by  Mr.  Westwood.  .47,  248,     306 


938  INDEX 

Supreme  Court  —  Continued :  PAGE 

actions,  transfer  to  local  or  county  courts,  article  6,  sec- 
tion 14  (Int.  No.  476),  by  Mr.  Kodenbeck 168 

Appellate  Division,   abolish,   article  6,   sections  2,   7 

'     (Int.  No.  445),  by  Mr.  Bayes. 164 

Appellate  Division,  county  officers,  removal,  article  10, 
section  1  (Int.  No.  435),  by  Mr.  E.  B.  Smith.  ...      159 

203,'    468 

Appellate  Division  justices,  designating,  article  6,  sec- 
tion 2  (Int.  No.  148),  by  Mr.  Bernstein 67 

Appellate  Division,  justices,  designating,  etc.,  article 
6,  section  2  (Int.  No.  336),  by  Mr.  Steinbrink 127 

Appellate  Division,  remove  county  officers,  article  10, 
section  1  (Int.  No.  717),  by  County,  Town  and  Vil- 
lage Officers  Committee 468 

apportionment,  first  class  cities,  review,  article  3,  new 
section  4,  (Int.  No.  495),  by  Mr.  Foley . .      178 

claims  against  State,  jurisdiction  over,  article  6,  new 
section  (Int.  No.  349),  by  Mr.  Angell 129 

claims  division,  claims  against  State,  article  6,  sections 
1,  19  and  new  section  (Int.  No.  402),  by  Mr. 
Latson 149,     306 

condemnation  proceedings,  three  judges,  article  1,  sec- 
tion 7  (Int.  No.  483),  by  Mr.  Frank 176 

condemnation  proceedings,  without  jury,  article  1,  sec- 
tion 7  (Int.  No.  97),  by  Mr.  Latson 53 

condemnation,  with  or  without  jury,  etc.,  article  1,  sec- 
tion 7  (Int.  No.  453),  by  Mr.  Baldwin 165 

constitutionality,  laws,  sit  in  banc,  article  6,  section  2 
(Int.  No.  591),  by  Mr.  Mandeville 196 

continuing,   etc.,   article   6    (Int.    No.    308),   by   Mr. 

Reeves 119 

Court  of  Appeals,  merging,  etc.,  article  6,  sections  1-13 

(Int.  No.  302),  by  Mr.  Gladding 117 

judges,  appointment,  regulating,  article  6,  new  section 

(Int.  No.  485),  by  Mr.  Adams 177 

judges,  election,  odd  numbered  years,  article  6,  sections 
4,  8;  article  10,  section  5  (Int  No.  664),  by  Mr. 
Sears 213 

judges,  fix  court  practice,  article  6,  new  section  (Int. 
No.  690),  by  Mr.  R.  B.  Smith 238,     259 


INDEX  939 

Supreme  Court  —  Continued :  PAGE 
judges,  Governor  to  nominate  candidates,  article  6,  sec- 
tion 10  (Int.  No.  607),  by  Mr.  Sears 198 

judges,  nominating,  manner  of,  article  6,  new  section 

(Int.  No.  20),  by  Mr.  Aiken 29 

judges,  practice  of  law,  acting  as  referee,  article  6, 

section  20  (Int.  No.  104),  by  Mr.  Tierney 54 

judges,  re-electing,  article  6,  section  10  (Int.  No.  309), 

by  Mr.  Brenner 119 

judges,  removal  by  Court  of  Appeals,  article  6,  sec- 
tion 11  (Int.  No.  522),  by  Mr.  Deyo 182 

judges,  removal,  convene  legislature,  article  3  (Int.  No. 

696),  by  Legislative  Powers  Committee 285,     343 

423,  543,  613,  616,  624,  629,     635 
judges,  removal,  etc.,  article  6,  section  11   (Int.  No. 

384),  by  Mr.  Cobb 143 

judges,  salary,  extra  pay,  age  limit,  article  6,  section  12 

(Int.  Nq.  481),  by  Mr.  Steinbrink 169 

judges,  separate  elections  for,  article  6,  new  section 

(Int.  No.  499),  by  Mr.  Parsons 179 

judges,   10-year  terms,  article  6,  section  4  (Int.  No. 

491),  by  Mr.  Bayes 177 

judges,  vacancies,  filling,  article  6,  section  4  (Int.  No. 

503),  by  Mr.  Shipman 179 

judges,  vacancies,  filling,  article  6,  new  section  (Int. 

No.  541),  by  Mr.  Stimson 189,     215 

jurisdiction,  claims  against  State,  article  6,  section  1 

(Int.  No.  15),  by  Mr.  Brackett 29,     306 

jury  trials,  civil  cases,  waiving,  article  1,  section  2  (Int. 

No.  197),  by  Mr.  Baldwin 81,     244 

justices,   designating  appeals   court  judges,   article   6, 

sections  1,  2,  4,  7,  12,  repeal  section  8   (Int.  No. 

229),  by  Mr.  Kirk 92 

justices,  former,  official  referees,  article  6,  new  section 

24  (Int.  No.  189),  by  Mr.  Steinbrink 81 

justices,    increase,    first  district,    article   6  '  (Int.   No. 

718),  by  Judiciary  Committee 480,  523,  526,     532 

534,  536,  537,  539,  551,  590-594,  614,  618,     619 
justices  of,  compensation  from  State,  article  6,  section 

12  (Int.  No.  QQ),  by  Mr.  Steinbrink 44 

justices  of,  impeachment,  article  6,  section  13   (Int. 
No.  141),  by  Mr.  E.  B.  Smith 65 


940  INDEX 

Supreme  Court  —  Continued :  PAGE 

•  justices  of,  increase  by  Legislature,  abolish,  article  6, 

section  1  (Int.  No.  65),  by  Mr.  Steinbrink 44 

justices  of,  second  term,  by  designation  of  Governor, 

article  6,  section  4  (Int.  No.  64),  by  Mr.  Steinbrink.        44 

justices  of,  terms,  vacancies,  article  6,  section  4  (Int. 
No.  124),  by  Mr.  C.  Nicoll 58 

justices  of,  to  be  appointed  by  Governor,  article  6,  sec- 
tion 1  (Int.  No.  123),  by  Mr.  C.  Nicoll 58 

justices,  salary  of,  article  6,  section  12  (Int.  No.  240), 

by  Mr.  Clearwater 93-94 

justices,  qualification,  practice  law,  etc.,  article  6,  sec- 
tion 20  (Int.  No.  273),  by  Mir.  Ostrander 105 

justices,  qualifications,  practice  of  law,  article  6,  sec- 
tion 20  (Int.  No.  224),  by  Mr.  Buxbaum 91 

Kings,   merging   county   court,    article   6,    section   14 

(Int.  No.  62),  by  Mr.  Adams 43 

land  division,  authorizing,  article  6,  new  section  (Int. 

No.  527),  by  Mr.  Keeves 187 

land  division,  establishing,  article  6  (Int.  No.  2),  by 
Mr.  Reeves 27 

laws,  constitutionality  of,  article  3,  new  section  (Int. 

No.   421),   by  Mr.   Curran 152 

local  assessments,  review,  article  1,  section  7  (Int. 
No.  484),  by  Mr.  Frank 176 

masters,  commissioners,  merge  surrogate's  court, 
article  6  (Int.  No.  262),  by  Mr.  Reeves 103 

merging  other  courts,  article  6,  sections  1-3,  5-7,  9,  12, 

14-23,  (Int.  No.  611),  by  Mr.  "Westwood 199 

New  York  city,  merging  city  court,  article  6,  section  5 

(Int.  No.  149),  by  Mr.  Burkan 67 

New  York  county,  merging  general  sessions  court,  ar- 
ticle 6,  section  14  (Int.  No.  251),  by  Mr.  C.  H. 
Young " 97 

probate  division,  establishing,  article  6   (Int.  No.  1), 

by  Mr.  Reeves 27 

referees,  retired  justices  as,  article  6,  new  section  24 
(Int.  No.  463),  by  Mr.  C.  H.  Young 166,     245 

sitting  in  banc,  article  6,  section  3  (Int.  No.  592),  by 
Mr.  Mandeville   196 

streets,  open,  grade,  necessity,  damages,  article  1,  sec- 
tion 7  (Int.  No.  322),  by  Mr.  Ryan 121 


INDEX  941 

Supreme  Court  —  Continued :  PAGE 

Supreme  Court  Commissioners,  certain  counties,  article 
6,  section  2  (Int.  No.  452),  by  Mr.  Baldwin 165 

terms,  special,  trial,  designating  justices,  article  6,  sec- 
tion 2  (Int.  No.  311),  by  Mr.  Sargent 119 

terms,  special,  trial,  designating  justices,  article  6,  sec- 
tion 12,  (Int.  No.  164),  by  Mr,  Tuck 69,     185 

transfer  cases  to  county  court,   article  6,   section  14 

(Int.  No.  414),  by  Mr.  B.  B.  Smith 151 

surrogates,  abolishing,  article  6,  section  15   (Int.  No. 

572),  by  Mr.   Tierney 193 

surrogates,   age  limit  72  years,  article  6,   section  12 

(Int.  No.  481),  by  Mr. 'Steinbrink 169 

surrogates,  appointment,  regulating,  article  6,  new  sec- 
tion (Int.  No.  485),  by  Mr.  Adams 177 

surrogate's  court,  merge  Supreme  Court,  article  6,  sec- 
tions 1-3,  5-7,  9,  12,  14-23  (Int.  No.  611),  by  Mr. 
Westwood 199 

surrogates  courts,  continued,  article  6  (Int.  No.  718), 

by  Judiciary  Committee 480,  523,  526,  532,     534 

536,  537,  539,  551,  590-594,  614,  618,     619 

surrogates'  courts,  merge  with  Supreme  Court,  article 
6  (Int.  No.  262),  by  Mr.  Beeves 103 

surrogates,  courts  of,  powers,  etc.,  article  6,  section  15 

(Int.  No.  347),  by  Mr.  Heaton 129 

surrogates,  jurisdiction,  powers,  article  6,  section  15 

(Int.  No.  487),  by  Mr.  Beeves 177 

surrogates,  law  practice,  acting  as  referee,  article  6, 

section  20  (Int.  No.  224),  by  Mr.  Buxbaum 91 

surrogates,  law  practice,  acting  as  referee,  article  6, 

section  20  (Int.  No.  104),  by  Mr.  Tierney 54 

surrogates,  pay,  changing,  article  6,  section  15   (Int. 

No.  151),  by  Mr.  Burkan 67 

surrogates,  practice  law,  referee,  article  6,  section  20 

(Int.  No.  273),  by  Mr.  Ostrander 105 

surrogates,  practice  of  law,  article  6,  section  20  (Int. 
No.  514),  by  Mr.  Nye 181 

surrogates,  salary,  article  6,  section  15  (Int.  No.  562), 

by  Mr.   Bosch 192 

surrogates,   terms,   jurisdiction,    article  6,    section   15 

(Int.  No.  431),  by  Mr.  McKean 158 


942  INDEX 

Supreme  Court  —  Continued:  PAGE 

surrogates,  transfer  to  probate  division.  Supreme 
Court,  article  6,  new  section  (Int  No.  i),  by  Mr. 
Reeves 27 

surviving  members  of  convention  of  1894,  invited  to 

-ions  of  this  convention 16,        IS 

swamps,  draining,  local  bills  for,  article  3,  section  IS 

(Int.  No.  54),  by  Mr.  R  B.  Smith 39 

swamps,  draining,  taking  property  for,  article  1,  sec- 
tion 7.  and  two  new  sections  (Int.  No.  55),  by  Mr. 
R.   B.   Smith 40.'  146,     147 

Sweet,  Hon.  Thaddeus  C,  thanks  of  convention,  ex- 
tended to.  for  valuable  services  rendered 7S       79 

T. 
Tabor.  C.  F.,  Hook  and  Ladder  Company,  petition  from. .      161 
Tammany  Society  or  Columbian  Order,  memorial  from.  IS 3,     225 
Tanner,  Fred,  operation  for  appendicitis,  telegram  from 
Dr.    Chalmers    , 614 

Taxation : 

bonds,   in  anticipation   of  taxes,   article   7,   section   2 

(Int  No.  437),  by  Mr.  R.  B.  Smith 159 

cigarettes,  tax  on,  article  3,  new  section  30  (Int.  No. 

576),  by  Mr.   Cullinan. 194 

cities,  villages,  restriction  by  Legislature,  article  12, 
sections  1,  2  (Int  No.  655),  by  Mr.  Green. .  .211,     223 

417,     525 

counties,  department  assessment  and  collection,  article 
10,  section  2  (Int  No.  201).  by  Mr.  Barrett. 82 

debts,  bonds,  anticipation  of  taxes,  article  7,  section  2 

(Int.  No.  362),  by  Mr.  Austin. 137 

direct  State  tax  bill,  enacting.  Legislature,  article  3, 
section  15  (Int.  No.  120),  by  Mr.  Baldwin 58 

direct  tax  bill,  partial  veto,  article  4,  section  9   (Int. 

No.  209),  by  Mr.  Deyo S3,  125,     126 

direct  tax  bill,  partial  veto,  article  4,  new  section  (Int 
_  No.  211).  by  Mr.  R.  B.  Smith 83,     155 

direct  tax  bills,  amount,  object,  article  3,  section  24 
(Int  No.  303),  by  Mr.  R.B.  Smith. 117,     235 

direct  tax,  excess,  comptroller  to  reduce,  article  3,  sec- 
tion 24  (Int  No.  342).  by  Mr.  Warner 128 


INDEX  943 

Taxation  —  Continued :  PAGE 

direct  tax,  to  meet  public  improvements  bonds,  article 
7,  new  section  (Int.  No.  340),  by  Mr.  A.  E.  Smith.     128 

direct  taxes,  levying,  regulating,  article  3,  sections  15, 

20,  21,  24  (Int  No.  338),  by  Mr.  A.  E.  Smith 127 

232,     233 

education,  local  taxes  for,  cities,  article  9,  new  section 

(Int.  No.  704),  by  Education  Committee. 328,  330,     357 

exemption  prohibited,  except  public  property,  article 
3,  new  section  (Int  No.  92),  by  Mr.  Nixon 47 

exemptions,  from  local  taxation,  abolishing,  article  3, 
new  section  (Int.  No.  318),  by  Mr.  Meigs 120 

exemptions,  real  property,  prohibited,  article  3,  new 
section  (Int  No.  424),  by  Mr.  Westwood 152,     304 

health  department,  State,  direct  tax  for,  article  8,  new 
section  16  (Int.  No.  668),  by  Mr.  Bracket* 219,     456 

inheritance  taxes,  use  for  public  improvement,  article 
7,  new  section  (Int.  No.  526),  by  Mr.  Bannister. . .     186 

municipal  property,  outside  corporate  limits,  exemp- 
tion, article  3,  new  section  30  (Int.  No.  429),  by 
Mr.  Heaton   158 

municipal  property,  outside  limits,  article  3,  new  sec- 
tion (Int  No.  493),  by  Mr.  A.  E.  Smith 178,     279 

public  property,  state,  local,  exempt,  article  3,  new  sec- 
tion 24-a  (Int  No.  619),  by  Mr.  Steinbrink 206 

rate,  same  on  buildings  and  lands,  article  8,  new  sec- 
tion 9-a  (Int  No.  450),  by  Mr.  Baldwin 164 

regulating,   exemptions,   etc,  new  article   (Int   No. 

679),  by  Taxation  Committee 234,  311,  337,     357 

378,  381,  382,  405,  406,  425,  467,  478,  502,  506,     511 

522,  553,  557,  589,  590,     650 

revenue  bill,  transmit  to  legislature,  article  3,  new 
section  (Int.  No.  432),  by  Mr.  Meigs 158,     384 

state  government,  cost  of,  direct  tax  for,  article  7, 

section  2  (Int.  No.  264),  by  Mr.  Mann 104*     250 

state  property,  exempt  from  local  taxes,  article  8,  new 
section  (Int  No.  496),  by  Mr.  T.  F.  Smith. . 178 

state  property,  exempt,  article  7,  section  1  (Int  Bb. 
126),  by  Mr.  Wagner 58 

supervision,  by  state  finance  department  article  5.  sec- 
tion 2  (Int.  No.  86),  by  Mr.  E.  N.  Smith 46 


944  INDEX 

Taxation  —  Continued :  PAGE 
tax  commission,  constitutional  body,  article  5,  new  sec- 
tion (Int.  No.  612),  by  Taxation  Committee 202 

taxes,  levy,  etc.,  regulating,  tax  commissioners,  article 

3,  section  24  (Int.  No.  620),  by  Mr.  Steinbrink 206 

tax  officials,   appointment,   election,   etc.,   article   10, 

section  2  (Int.  No.  378),  by  Mr.  M.  Saxe 142,     152 

taxes,  balf  to  locality,  new  section  (Int.  No.  632),  by 

Mr.  Donnelly 208,     217 

taxes,  licenses,  penalties,  collection,  article  3,  section 

24  (Int.  No.  283)   by  Mr.  Mann 110 

valuations,  uniform,  market  value,  article  1,  new  sec- 
tion (Int.  No.  46),  by  Mr.  Griffin 39,       42 

Teachers  of  public  school  22,  borough  of  Queens,  communi- 
cation from    85 

Telephone  exchange  system,  secretary  to  take  over  and  em- 
ploy two  operators 26 

Telephone  operators,  accommodations  for  rearrangement.  .        63 

Temple,  Miss  Lillian,  excused  on  account  of  illness 253 

Tenants  union  of  New  York,  memorial  from 572 

Tenements,  manufacturing  in,  article  3,  new  section  (Int. 
No.  407),  by  Mr.  Parsons.  .150,  333,  346,  628,  635,  645,     646 

Ten  Eyck,  Hon.  Peter  G.,  communication  from 85 

Tenth  senatorial  district,  residents,  memorial  from 408 

Testifying  against  self,  article  1,  section  6,  (Int.  No.  232), 

by  Mr.  J.  G.  Saxe 92 

Testifying  against  self,  criminal  cases,  article  1,  section  6 

(Int.  No.  267),  by  Mr.  Mann 104,     244 

Testifying  against  self,  criminal  cases,  article  1,  section  6 

(Int.  No.  76),  by  Mr.  Quigg 45 

Testifying  against  self,  not  compulsory,  article  1,  section 

6  (Int.  No.  5),  by  Mr.  Parsons 28 

Testifying  against  self,  not  compulsory,  article  1,  section  6 

(Int.  No.  11),  by  Mr.  C.  H.  Young 28,     244 

Text  books,  schools,  Enerlish  only,  article  9,  section  4  (Int. 

No.  666),  by  Mr.  Nixon. . /. 213 

Theatres,  motion  pictures,  censorship  prohibited,  article  1, 

section  8  (Int  No.  101),  by  Mr.  Eisner 54 

Thirtieth  senatorial  district,  residents,  memorial  from 443 

Thirtv-first  senatorial  district,  residents,  memorial  from.  .  .      408 
Thirty-ninth  district,  communication  from  residents,  rela- 
tive to  use  of  public  funds  for  school  purposes 265 


INDEX  945 

PAGE 

Thirty-ninth  senatorial  district,  residents,  petition  from. .  563 
Thirty-second  senatorial  district,  residents,  memorial  from.  430 
Thirty-sixth  senatorial  district,  residents,  memorial  from. .  425 
Title,  land  Registration  Court,  article  6,  new  section  24 

(Int.  No.  119),  by  Mr.  Newburger 58 

Titles,  registration,  examininers,  etc.,  article  6,  new  section 

(Int.  No.  527),  by  Mr.  Reeves 187 

Titles,  registration,   Torrens  system,   article  6    (Int.   No. 

718),  by  Judiciary  Committee.  .480,  523,  526,  532,  534, 

536,  537,  539,  551,  590-594,  614,  618,     619 
Titles,  registering,  examiners  of,  insurance  fund,  article  10, 

new  section  (Int.  No.  60),  by  Mr.  Coles 43 

Tonawanda,  common  council,  resolutions  from 301 

Tower,  Francis  E.,  communication  from 85 

Towns: 

bonds,  public  improvement,  maturity,  article  8,  new 

section  (Int.  No.  646),  by  Mr.  Van  Ness 210 

bonds,  serial,  article  7,  new  section  4  (Int.  No.  649), 

by  Mr.  E.  N.  Smith 210 

boundaries,  enlarging,  article  3,  new  section  (Int.  No. 

625),   by   Mr.   Low 206 

buildings,  height,  etc.,  regulating,  article  3,  new  sec- 
tion (Int.  No.  669),  by  Mr.  Bannister 225,     579 

buildings,  zones,  etc.,  regulating,  article  3,  new  section 

(Int.  No.  670),  by  Mr.  Bannister 225,     579 

condemnation,  just  compensation,  article  1,  section  6 

(Int.  No.  441),  by  Mr.  Frank 163 

condemnation,  power  of,  article  1,  section  6  (Int.  No. 

442),  by  Mr.  Frank 163 

courts,    limited    jurisdiction,    establishing,    article    6, 

section  18   (Int.  No.  367),  by  Mr.  Sears 138 

debts,  serial  bonds  for,  article  8,  section  10  and  new 

section  12  (Int.  No.  713),  by  Cities  Committee 431 

504,  542,  546,  556,  601,  603,  620,  621,  630,  631 
election,  proposition  to  spend  money,  article  8,  section 

10  (Int.  No.  37),  by  Mr.  Mereness 37 

employees,   receiving  pension,   article   10,   section  10 

(Int.   No.   618),  by  Mr.   Steinbrink 205 

employess,  vote  for  town  officers,  article  2,  section  1 

(Int.   No.    654),   by  Mr.    Green 211 


946  INDEX 

Towns  —  Continued :  PAGE 

formation,  government,  etc.,  article  10,  sections  1,  2 

(Int.  No.  178),  by  Mr.  L.  M.  Martin 75,     525 

franchise   grants,    perpetuity,    prohibition,    article    3, 

new  section  (Int.  No.  28),  by  Mr.  Low 36,  184,     218 

franchises,  indeterminate,  prohibiting,  article  3,  new 

section  30  (Int.  No.  548),  by  Mr.  Low 190 

funded  debts   of,   refund,   etc.,    article   12,   section   1 

(Int.  No.  272),  by  Mr.  Vanderlyn .  .  .105,  115,     272 

health,  use  forest  lands,  etc.,  article  7,  section  7  (Int. 

No.  370),  by  Mr.  Dow 138,     232 

highways,  cost,  apportioning,  article  7,  section  13,  new 

(Int.  No.  479),  by  Mr.  Westwood 169,     509 

highways,  cost  of,  exempt,  article  7,  sections  4,  11,  12 

(Int.  No.  469),  by  Mr.  R,  B.  Smith 167 

highway  debts,  contribution  to,  article  7,  section  12 

(Int.  No.  521),  by  Mr.  Lincoln 182 

highways,  poor,  safety,  powers,  article  3,  sections  26, 

27;  article  10,  section  2  (Int.  No.  721),  by  County, 

Town  and  Village  Committee 526,  612,  624,     634 

justice  of  peace,  article  6,  sections  17,  22,  23   (Int. 

No.  163),  by  Mr.  Leggett 69 

justice  of  peace,  number,  regulating,  article  6,  section 

17  (Int.  No.  175),  by  Mr.  Bunce 74 

justices  of  peace,  number,  etc.,   article  6,  section  17 

(Int.  No.  365),  by  Mr.  Bunce 137 

lands  under  water,  grants,  article  3,  new  section  30 

(Int.  No.  549),  by  Mr.  Low 190,     249 

municipal  property,  outside  limits,  tax,  article  3,  new 

section  (Int.  No.  493),  by  Mr.  A.  E.  Smith.  .  .178,     279 
officers,  election,   appointment,  term,  etc.,  article  10, 

section  2  (Int.  No.  319),  by  Mr.  L.  M.  Martin .  .  121,     525 
officers,  nomination,  etc.,  article  2,  new  section  7  (Int. 

No.  361),  by  Mr.  Low 136 

officers,  pay,  change  during  term,  article  3,  section  28 

(Int.  No.  36),  by  Mr.  Mereness 37,     140 

officials,  election  not  provided  for,  article  10,  section  2 

(Int.  No.  210),  by  Mr.  Sanders 83 

officials,  extra  pay,  prohibited,  article  3,  section  28  (Int. 

No.  379),  by  Mr.  Mereness 142,     153 


INDEX     .  947 

Towns  —  Continued :  PAGE 

officials,  pay,  extra  compensation,  prohibited ;  article  3, 

sections  18,  28 ;  article  5,  section  1 ;  article  6,  section 

15;  article  10,  section  9    (Int.  No.  380),  by  Mr. 

Mereness 1  .  142,     153 

officials,  removal,  certiorari  review,  article  10,  section 

1,    and   new   section    (Int.    No.    460),   by   Mr.    F. 

Martin 166,     224 

officials,  whose  election  not  provided  for,  article  10, 

section  2  (Int.  No.  146),  by  Mr.  M.  Saxe 67,     107 

officials,  with  pensions,  limit  salary,  article  10,  new 

section  (Int.  No.  505),  by  Mr.  F.  Martin 179 

pensions,   actuarial  basis   for,   article  7,   new   section 

(Int.  No.  683),  by  Mr.  Low 237,     250 

property,  dangerous  to  health,  etc.,  taking,  article  1, 

new  section  (Int.  No.  671),  by  Mr.  Bannister.  .225,  579 
property  for  public  use,  taking,   article  1,   section  7 

(Int.  No.  685),  by  Mr.  Blauvelt 237 

school  districts,  funded  debts,  article  8,  new  section 

(Int.  No.  470),  by  Mr.  R  B.  Smith 167,     230 

securities,  commission  to  regulate,  article  8,  new  section 

(Int.  No.  455),  by  Mr.  Baldwin.  165,  204,  229,  431,  525 
State  taxes,  half  to  towns,  new  section  (Int.  No.  632), 

by  Mr.  Donnelly 208,     217 

stocks,  bonds,  gift  to  town,  article  8,  section  10  (Int. 

No.  108),  by  Mr.  Bockes 55 

supervisors,  abolishing,  optional,  article  3,  section  26 

(Int.  No.  12),  by  Mr.  C.  H.  Young 28,     525 

taxation,  public  property,  exempt,  article  3,  new  section 

24-a  (Int.  No.  619),  by  Mr.  Steinbrink 206 

tax  officials,  appointment,  election,  etc.,  article  10,  sec- 
tion 2  (Int.  No.  378),  by  Mr.  M.  Saxe 142,     152 

taxes,  local,  exemptions,  abolishing,  article  3,  new  sec- 
tion (Int.  No.  318),  by  Mr.  Meigs 120 

taxes,  local,  state  property,  exempt,  article  8,  new  sec- 
tion (Int.  No.  496),  by  Mr.  T.  F.  Smith 178 

town  meetings,  article  2,  section  6  (Int.  No.  226),  by 

Mr.  Newburger 91 

water  supply,  forest  lands  for,  article  7,  section  7  (Int. 

No.  375),  by  Mr.  Baldwin 141 

water  supply,  State  lands  for,  article  7,  section  7  (Int. 

No.  312)'  by  Mr.  Baldwin 119,     361 


948  INDEX 

PAGE 

Trade  districts,  buildings,  zones,  article  3,  new  section  (Int. 
No.  670),  by  Mr.  Bannister 225,     579 

Trade,  restraint  of,  prohibiting,  article  3,  new  section  (Int. 

No.  492),  by  Mr.  Sargent 178,     345 

Transfer  tax  proceedings,  information  on,  requested  of  State 

Comptroller 78 

Treason,  conviction  for,  pardon,  article  8,  sections  11,  12; 
repeal,  article  4,  section  5  (Int.  No.  269),  by  Mr.  Mar- 
shall  104,  162,     344 

Treasurer,  appointed  by  Governor,  article  5,  section  1  (Int. 

No.  635),  by  Mr.  Donnelly 208,     456 

Treasurers,  county,  compensation,  fees,  comptroller  to  fur- 
nish statement  of 66,  87,  155,     182 

Treasurer,  Governor  to  appoint,  article  5,  section  1-4  (Int. 
No.  555),  by  Mr.  Eisner 191,     223 

Treasurer,  Governor  to  appoint,  article  5,  section  2   (Int. 

No.  415),  by  Mr.  Wadsworth 151 

Treasurer,  Governor  to  appoint,  article  5,  section  1  (Int. 
No.  418),  by  Mr.  Wadsworth 151,     456 

Treasurer,  member  canal  board,  article  5,  repeal  section  5 ; 
new  section  (Int.  No.  725),  by  Governor  and  Other  State 
Officers  Committee 615,  641,  642,     648 

Treasurer,  State,  appointed  by  Governor,  article  5,  section 
1  (Int.  No.  179),  by  Mr.  L.  M.  Martin 75,     456 

Treasurer,  State,  appointed  by  Governor,  article  5,  section  1 

(Int.  No.  125),  by  Mr.  c/Nicoll 58,     456 

Treasurer,  State,  appointed  by  Governor,  article  5,  section 

1  (Int  No.  222),  by  Mr.  Pelletreau 91,     456 

Treasurer,  State,  appointment  by  Governor,  article  5,  sec- 
tions 1,  2,  5;  repealed  sections  3,  4  (Int.  No.  172),  by 
Mr.  Bernstein 74,  217,  227,  232,     456 

Treasurer,  State,  4-year  term,  article  5,  section  1  (Int.  No. 

109),  by  Mr.  Bockes 55 

Treasurer,  State,  4-year  term,  article  5,  section  1  (Int.  No. 

134),  by  Mr.  Dooling 64,     161 

Treasurer,  State,  member  of  Governor's  council,  article  4, 
section  4  (Int.  No.  221),  by  Mr.  Pelletreau 91,  156,     383 

Treasurer,   State,  seat  in  legislature,   article  5,  section  2 

(Int.  No.  223),  by  Mr.  Pelletreau 91,     125 

Treasurer,  State,  term,  repeal  section  2,  article  5  (Int.  No. 
110),  by  Mr.  Bockes 55,     456 


INDEX  949 

PAGE 

Treasurer,  supervise  State  institutions,  article  5,  new  sec- 
tion (Int.  No.  583),  by  Mr.  R  B.  Smith 195 

Trials,  new,  obviating,  article  6,  new  section  9-a  (Int.  No. 

352),  by  Mr.  Rodenbeck 130 

Triumph  Hose  Company,  memorial  from 139 

True,  Clarence,  communication  from 56 

Twentieth  Senatorial  district,  residents,  memorial  from.  . .  444 

Twenty-eight  Senatorial  district,  residents,  memorial  from.  444 

Twenty-first  Senatorial  district,  residents,  memorial  from.  .  408 

Twenty-fourth  Senatorial  district,  residents,  memorial  from  426 

Twenty-ninth  Senatorial  district,  residents,  memorial  from.  430 

Twenty-second  Senatorial  district,  residents,  memorial  from  408 

U 

Unger,  Mr.,  statement  as  to  his  vote  on  Proposed  Amend- 
ment No.  746  (Int.  No.  78) 523 

Union  League  Club,  memorial  from •. 227 

Union  League  Club,  memorial  from,  on  short  ballot 379 

United  States  deposit  fund,  revenues,  article  9,  section  3 

(Int.  No.  40),  by  Mr.  Austin 37 

V 

Vaccination,  school  children,  article  9,  new  section  (Int.  No. 

490),  by  Mr.  Bayes 177 

Vaughn,  Frank  E.,  adjourn  out  of  respect  to  memory  of .  .      154 

155 
Verdict  by  five-sixths  of  jury,  article  1,  section  2  (Int.  No. 

206),  by  Mr.  Vanderlyn.' 83,     244 

Verdict,  by  three-fourths  of  jury,  article  1,  section  2  (Int. 

No.  17),  by  Mr.  Aiken 29,     244 

Veterans,  civil  service,  pensions,  article  5,  new  section  (Int. 

No.  258),  by  Mr.  Green 97 

Veterans,  civil  service  preference,  article  5,  section  9,  (Int. 

No.  427),  by  Mr.  C.  Nicoll 157,  227,  580,     626 

Veterans,  civil  service  preference,  article  4,  section  9  (Int. 

No.  77),  by  Mr.  S.  K  Phillips ,  .45,     580 

Veterans,  civil  service  preference,  article  5,  section  9,  (Int. 

No.  614),  by  Mr.  Weed 205,     580 

Veterans,  civil  service  preference,  article  5,  section  9,  (Int. 

No.  351),  by  Mr.  Wood 129,     580 


950  INDEX 

PAGE 

Veterans,  civil  service  preference,  abolish,  article  5,  section 
9  (Int.  No.  138),  by  Mr.  Quigg. . 64,     580 

Veterans,  civil  service  preference,  abolish,  article  5,  section 
9  (Int.  No.  508),  by  Mr.  Quigg 180,     580 

Veterans,  civil  service  preference,  etc.,  article  5,  section  9 
(Int.  No.  284),  by  Mr.  Mann 110,     580 

Veterans,  civil  service  preference,  regulating,  article  5,  sec- 
tion 9  (Int.  No.  29),  by  Mr.  Olcott 36,  580,  650,     656 

Veterans,  civil  service,  removals,  article  5,  section  9  (Int. 
No.  263),  by  Mr.  Heyman 104,  154,  228,  580,     626 

Veterans,  Spanish  war,  preference  in  civil  service,  article  5, 
section  9  (Int.  No.  53),  by  Mr.  Dunmore 39,     580 

Vice-presidents,  first  and  second,  election  of 11 

Villages : 

bonds,  public  improvement,  maturity,  article  8,  new 

section  (Int.  No.  646),  by  Mr.  Van  Ness 210 

bonds,  serial,  etc.,  article  7,  new  section,  4  (Int.  No. 

649),  by  Mr.  E.  N.  Smith 210 

boundaries,  enlarging,  article  3,  new  section  (Int.  No. 

625),  by  Mr.  Low 206 

buildings,  height,  etc.,  regulating,  article  3,  new  sec- 
tion (Int.  No.  669),  by  Mr.  Bannister 225,     579 

buildings,  zones,  article  3,  new  section  (Int.  No.  724), 

by  Cities  Committee 579 

buildings,  zones,  etc.,  regulating,  article  3,  new  section 

(Int.  No.  670),  by  Mr.  Bannister 225,     579 

charter  bills,  regulating,  article  3,  section  18  (Int.  No. 

624),  by  Mr.  Wickersham 206,  217,  284,     287 

290,  314,     335 
charters,  amend,  on  petition  of  village  only,  article  3, 

new  section  (Int.  No.  700),  by  Legislative  Powers 

Committee 309,     617 

charters,  amending  by  legislature,  limit,  article  3,  new 

section  (Int.  No.  315),  by  Mr.  Barnes 120,     126 

135,  278,  301,  310,     383 
condemnation,  excess,  public  improvement,  article  1, 

sections  6,  7  (Int.  No.  500),  by  Mr.  Parsons.  .179,     218 
condemnation,  just  compensation,  article  1,  section  6 

(Int.  No.  441),  by  Mr.  Frank 163 

condemnation,  power  of,  article  1,  section  6  (Int.  No. 

442),  by  Mr.  Frank 163 


INDEX  951 

Villages  —  Continued :  PAGB 

courts,  limited  jurisdiction,  establishing,  article  6,  sec- 
tion 18  (Int.  No.  367),  by  Mr.  Sears 138 

creation,  government  regulation,  article  12,  section  1 

(Int.  No.  254),  by  Mr.  K.  B.  Smith 9Y,     259 

359,  417,     447 

debts,  funded,  maturing,  article  8,  new  section  (Int. 
No.  470),  by  Mr.  E.  B.  Smith .167,     230 

debts,  serial  bonds  for,  article  8,  section  10  and  new 
section  12  (Int.  No.  713),  by  Cities  Committee. . .     431 
504,  542,  546,  556,  601,  603,  620,  621,  630,     631 

elections,  propositions  to  spend  money,  article  8,  sec- 
tion 10  (Int.  No.  35),  by  Mr.  Mereness 37 

electricity,  water,  products  of  prison  labor,  article  3, 
section  29  (Int.  No.  465),  by  Mr.  Tierney 167,     341 

employees  of,  voting  for  village  officials,  article  2,  sec- 
tion 1  (Int.  No.  654),  by  Mr.  Green. 211 

employees,  receiving  pension,  article  10,  new  section  10 

(Int.  No.  618),  by  Mr.  Steinbrink 205 

excess  compensation,   prohibited,   article  3    (Int.  No. 

696),  by  Legislative  Powers  Committee 285,     343 

423,  543,  613,  616,  624,  629,     635 

franchise  grants,  perpetuity,  article  3,  new  section 
(Int.  No.  28),  by  Mr.  Low 36,  184,     218 

franchises,  indeterminate,  prohibiting,  article  3,  new 
section  30  (Int.  No.  548),  by  Mr.  Low 190 

funded   debts   or,   refund,   etc.,   article   12,   section   1 

(Int.  No.  272),  by  Mr.  Vanderlyn 105,  115,     272 

general  laws  for,  adopt  own  charter,  article  12,  sec- 
tions 1-3,  new  sections  4-6  (Int.  No.  650),  by  Mr. 
Cobb 211,  233,  417,     525 

government  of,  regulating,  article  12  (Int.  No.  712), 
by  Cities  Committee.  .417,  498,  501,  502,  527,  540,     541 
552,  556,  596-598,  613,  619,     620 

health,  use  forest  lands,  etc.,  article  7,  section  7  (Int. 
No.  370),  by  Mr,  Dow 138,     232 

highways,  cost,  apportioning,  article  7,  section  13  (Int. 
No.  479),  by  Mr.  Westwood 169,     509 

home  rule,  article  12,  sections  1,  2  (Int.  No.  655),  by 
Mr.  Green 211,  223,  417,     525 


952  INDEX 

Villages  —  Continued :  PAGE 

home  rule,  article  3,  sections  26,  27  and  new  section; 

article  10,  section  2;  article  12,  sections  1,  2  (Int. 

No.  313),  by  Mr.  Low 120,  175,  417,     525 

home  rule,  adopt  own  charters,  article  12  new  (Int.  No. 

,553),  by  Mr.  Eisner 190,  417,     525 

home  rule,  guaranteeing,  article  12    (Int.  No.   331), 

by  Mr.  Eranchot   123,     417 

labor,  public  work,  8  hour  day,  article  1,  new  section 

(Int.  No.   394),  by  Mr.   Curran 144 

lands  under  water,  grants,  article  3,  new  section  30 

(Int.  No.  549),  by  Mr.  Low 190,     249 

municipal  property,  outside  limits,  tax,  article  3,  new 

section  (Int.  No.  493),  by  Mr.  A.  E.  Smith.  .178,  279 
officers,  election,  appointment,  term,  etc.,  article  10, 

section  2  (Int.  No.  319),  by  Mr.  L.  M.  Martin.  121,  525 
officers,  nomination,  etc.,  article  2,  new  section  7  (Int. 

No.  361),  by  Mr.  Low 136 

officials,  election  not  provided  for,  article  10,  section 

2  (Int.  No.  210),  by  Mr.  Sanders 83 

officials,  extra  compensation,  prohibited,  article  3,  sec- 
tion 28  (Int.  No.  289),  by  Mr.  R  E.  Smith.  .110,  153 
221,  281,  287,  302,  452,  507,  511,  520 
officials,   extra  pay,  prohibited,   article  3,   section  28 

(Int.  No.  379),  by  Mr.  Mereness 142,     153 

officials,  removal,  certiorari  review,  article  10,  sec- 
tion 1  and  new  section  (Int.  No.  460),  by  Mr.  E. 

Martin " 166,     224 

officials,  whose  election  not  provided  for,  article  10, 

section  2  (Int.  No.  146),  by  Mr.  M.  Saxe 67,     107 

officials,  with  pensions,  limit  salary,  article  10,  new 

section  (Int.  No.  505),  by  Mr.  F.  Martin 179 

optional  village  government  plans,  article  12,  sections 

1,  2,  3  (Int.  No.  187),  by  Mr.  Sanders 76,     417 

payroll  laws,  mandatory,  prohibited,  article  3,  new  sec- 
tion (Int.  No.  451),  by  Mr.  Baldwin 165 

pensions,   actuarial  basis  for,   article  7,   new  section 

(Int.  No.  683),  by  Mr.  Low 237,     250 

property,  dangerous  to  health,  etc.,  taking,  article  1, 

new  section  (Int.  No.  671),  by  Mr.  Bannister.  .225,  579 
property,  for  public  use,  taking,  article  1,  section  7 

(Int.  No.  685),  by  Mr.  Blauvelt 237 


INDEX  953 

Villages  —  Continued :  *A6E 

securities,  commission  to  regulate,  article  8,  new  sec- 
tion (Int.  No.  455),  by  Mr.  Baldwin. .  .165,  204,     229 

431,     ^25 

self-government,  guaranteeing,  article  12  (Int.  No. 
280),  by  Mr.  J.  L.  O'Brian 106,  156,     417 

self-government  of,  guaranteeing,  article  12,  sections 
1,  3;  article  1,  new  section  (Int.  No.  68),  by  Mr. 
Wagner 44,  257,     417 

stocks,  bonds,  gift  to  village,  article  8,  section  10  (Int. 
No.  108),  by  Mr.  Bockes 55 

streets,  grade  change,  damage,  article  1,  new  section 
(Int.  No.  597),  by  Mr.  Tuck 197 

taxation,  public  property,  exempt,  article  3,  new  sec- 
tion 24-a  (Int.  No.  619),  by  Mr.  Steinbrink 206 

tax  officials,  appointment,  election,  etc.,  article  10, 
section  2  (Int.  No.  378),  by  Mr.  M.  Saxe. . .  .142,     152 

taxes,  half  to  village,  new  section  (Int.  No.  632),  by 
Mr.  Donnelly 208,     217 

taxes,  local,  exemptions,  abolishing,  article  3,  new  sec- 
tion (Int.  No.  318),  by  Mr.  Meigs 120 

taxes,  local,  state  property,  exempt,  article  8,  new  sec- 
tion (Int.  No.  496),  by  Mr.  T.  F.  Smith 178 

taxes,  municipal  property,  outside  limits,  article  3, 
new  section  30  (Int.  No.  429),  by  Mr.  Heaton. .  .      158 

village  elections,  article  2,  section  6  (Int.  No.  226),  by 
Mr.  Newburger 91 

water  supply,  forest  lands  for,  article  7,  section  7  (Int. 
No.  375),  by  Mr.  Baldwin 141 

water  supply,  municipal,  use  state  lands,  article  7,  sec- 
tion 7  (Int.  No.  312),  by  Mr.  Baldwin 119,     361 

Voters'  League  Club,  memorial  from 227 

W. 

Wadsworth,  Hon.  J.  W.,  Jr.,  communication  from 342 

Wagner,  Hon.  Robert,  appointed  on  committee  to  conduct 

president-elect   to   chair 8 

Walker,  Dr.  Mary,  privilege  of  addressing  the  convention.  .      290 
War  die,  A.  S.,  president  New  York  State  Pharmaceutical 

Association,  communication  from    292 


954  INDEX 

Water  and  water  power :  PAGE 

canals,    surplus    waters,    leasing,    article    7,    section 

8  (Int  No.  710),  by  Canal  Committee.  .403,  546,     559 

578,  599,  607,  621,  622 
city  debt  limit,  water  debts  excluded,  article  8,  section 

10  (Int  No.  665),  by  Mr.  Sanders 213,     431 

commissioner  of,  appointment  powers,  article  5,  sec- 
tions 10,  11,  new  (Int.  No.  220),  by  Mr.  Bunce.  .  .  86 
forest  lands,  use,  water  supply,  canals,  streams,  new 

article;  repeal  article  7,  section  7  (Int.  No.  708), 

by  Conservation  Committee.  .360,  376,  424,  427,  429 
432,  442,  524,  535,  ,552,  588,  589,  613,  616,  618 
improvement,  land  for  condemnation,  article  1,  section 

7  (Int.  No.  617),  by  Mr.  Steinbrink 205,     230 

lands  under  water,  grants,  article  1,  new  section  (Int. 

No.  546),  by  Mr.  Low 189,     249 

lands  under  water,  grants,  article  3,  new  section  30 

(Int.  No.  549),  by  Mr.  Low 190,     249 

pollution  of  waters,   prohibited,   article  7,   section  7 

(Int  No.  295),  by  Mr.  Bannister 116,     360 

power,  development,  taking  property  for,  article  1,  sec- 
tion 6  (Int.  No.  248),  by  Mr.  Baldwin 96,  139,     146 

power  sites,  condemnation  for,  article  1,  sections  6,  7 

(Int.  No.  720),  by  Bill  of  Eights  Committee.  .514,     600 

641,  654,  657,  658,  659 
private  lands  for,  public  use,  article  7,  sections  7,  7-a 

(Int.  No.  71),  by  Mr.  C.  H.  Young.  .44,  134,  140,  360 
Public  Service  Commission  to  regulate,  article  5,  new 

section  (Int  No.  688),  by  Mr.  Landreth 238,     339 

storage,  municipal  water  supply,  etc.,  article  7,  section 

7  (Int.  No.  570),  by  Mr.  Angell 193,     361 

storage,  power,  lands  for,  etc.,  article  1,  section  7  (Int. 

No.  512),  by  Mr.  E.  N.  Smith 181 

storage,  regulating  water  power,  property  for,  article 

1,  sections  7  and  2   (Int.  No.  55),  by  Mr.  K.  B. 

Smith 40,  146,     147 

storage,  regulation,  lands  for,  article  7,  section  7  (Int. 

No.  370),  by  Mr.  Dow 138,     232 

storage  regulation,  lands  for,  article  1,  section  7  (Int. 

No.  687),  by  Mr.  Landreth 237 

storage,  regulation,  power,  land  for,  article  1,  section 

6  (Int.  No.  348),  by  Mr.  Bunce 129,     146 


INDEX  955 

Water  and  Water  Power  —  Continued :  PAGE 

supervision  of,  by  interior  department,  article  5,  sec- 
tion 2  (Int.  No.  86),  by  Mr.  E.  K  Smith.  .46,  223,     227 
vessels,  subject  to  pressure  by,  regulating,  article  3, 

new  section  (Int.  No.  488),  by  Mr.  Fogarty.  .177,     342 
water  debts,  excluded  from  city  debt  limit,  article  8, 
section  10,  and  new  section  12  (Int.  No.  713),  by 
Cities  Committee  ..431,  504,  542,  546,  556,' 601,     603 

620,  621,  630,     631 
water,  electricity,  fourth  class  villages,  article  3,  sec- 
tion 29  (Int.  No.  465),  by  Mr.  Tierney 167,     341 

water,  jurisdiction,  Forest  and  Water  Commission,  ar- 
ticle 7,  section  7  (Int.  No.  480),  by  Mr.  Dow.  .169,     361 
water  power,  control,  engineer,  article  5,  new  section 

(Int.  No.  645),  by  Mr.  Landreth 210,     232 

water  power,  surplus  waters,  etc.,  article  1,  section  10 

(Int.  No.  575),  by  Mr.  Cullman 194,  249,     514 

water  storage,  municipal  water  supply,  etc.,  article  7, 

section  7  (Int.  No.  375),  by  Mr.  Baldwin 141 

Water  supply,  in  forest  preserve,  laws,  article  7,  section 

7  (Int.  No.  154),  by  Mr.  Dunlap 68,  134,  140,     360 

water  supply,  State  lands  for,  article  7,  section  7  (Int. 

No.  312),  by  Mr.  Baldwin 119,     361 

water  supply,  water  power  lands,  etc.,  article  7,  section 

7  (Int.  No.  219),  by  Mr.  Bunce .86,  232,     360 

waters,  division  of,  conservation  department,  etc.,  ar- 
ticle 7,  new  section  7  (Int.  No.  438),  by  Mr.  Green. 

159,     361 
water,  water  power,  use  of,  regulating,  article  1,  new 

section  (Int.  No.  475),  by  Mr.  Kodenbeck.  168,  232,     249 
waterways,   appropriation   for,    regulating,    article    3, 
section  20  (Int.  No.  719),  by  Finance  Committee.  .      513 

547,  557,  607,     631 
Weighing,  etc.,  officers  for,  article  5,  section  8   (Int.  No. 

582),  by  Mr.  R.  B.  Smith 195,     214 

Weights  and  measures,  control  engineering  department,  ar- 
ticle 5,  new  section  (Int.  No.  645),  by  Mr.  Landreth. 210,     232 
Weights  and  measures,  offices  for,  article  5,  repeal  section 

8  "(Int.  No.  131),  by  Mr.  Franchot 59,  161,  263.     336 

433,  617,  625,  629,     644 
Wellsville,  town  board,  communication  from 236 


956  INDEX 

PAGE 

Western  New  York  Volunteer  Firemen's  Association,  memo- 
rial from 426 

White,  William  Pierrepont,  communication  from 540 

Whitman,  Governor  Charles  S.,  congratulations  and  best 
wishes,  anniversary  of  his  birth 571 

Wilcox,  M.  H.,  communication  from 277 

Wilson,  President  Woodrow,  relative  to  invitation  to  address 

convention,  anniversary  of  Magna  Charta 115,     174 

Witnesses,  out  of  State,  desired  by  any  standing  committee, 

payment  of  traveling  expenses 133,     154 

Wives,  abandoned,  support,  article  6,  section  18  (Int.  No. 

542),  by  Mr.  Stimson 189 

Woman  suffrage,  not  to  submit  any  amendment  relating  to 
subject 24,       40 

Wood,  James,  communication  from 85 

Workmen's  compensation,  department  of,  article  5,  new  sec- 
tion (Int.  No.  270),  by  Mr.  Parsons 105,     236 

Workmen's  compensation,  department  of,  article  5,  new  sec- 
tion (Int.  No.  545),  by  Mr.  Parsons 189 

Workmen's  compensation  law,  enacting,  article  1,  section  19 

(Int.  No.  23),  by  Mr.  Aiken 30,  248,     432 

Workmen's  compensation,   laws  for,   article  1,   section  18 

(Int.  No.  18),  by  Mr.  Aiken 29 

Workmen's  compensation,  occupational  diseases,  article  1, 
sections  18,  19  (Int.  No.  714),  by  Industrial  Interests 
Committee 432,  628,  635,     647 

Wyoming  county,  Board  of  Supervisors,  resolution  from, 
relative  to  good  roads  bonds,  division  of  proceeds 56 


INDIVIDUAL  INDEX  TO  JOURNAL 


Mr.  Adams. 

(Kepublican  —  Kings.) 
(Prisons,  Corporations.) 

Kings  county  court,  merged  in  Supreme  Court 43 

Judiciary  Committee  (Int.  No.  62;  Pr.  62). 
Civil  service  employees,  rights,  organizations 109,     580 

Eeported  adversely  (Int.  No.  281;  Pr.  284). 
Judicial  officers,  local,  abolished 149 

Judiciary  Committee  (Int.  No.  400;  Pr.  412). 
Domestic  relations,  courts,  first  class  cities 163 

Judiciary  Committee  (Int.  No.  443;  Pr.  455). 
Judicial  appointment  and  control,  board  of 177 

Judiciary  Committee  (Int.  No.  485;  Pr.  497). 

Mb.  Ahearn. 

(Democrat  —  New  York.) 
(Legislative  Organization,  Legislative  Powers.) 

Constitutional  amendment,  submission  to  voters 83 

Future  Amendments  Committee  (Int.  No.  213;  Pr.  214). 

Juvenile  delinquents,  laws,  regulation 188 

Prisons  Committee  (Int.  No.  538;  Pr.  553). 

Mr.  Aiken. 
(Republican  —  Cayuga,  Cortland  and  Seneca.) 
(Legislative  Organization,  Civil  Service.) 

Jury  verdict,  three-fourths 29,     244 

Bill  of  Rights  Committee  (Int.  No.  17;  Pr.  17). 

Death,  actions  for,  damages,  limitation 29 

Bill  of  Rights  Committee  (Int.  No.  18;  Pr.  18). 

State  estimate  board,  creating,  budget 29,  42,     383 

Finance  Committee  (Int.  No.  19;  Pr.  19). 
Judges,  Court  of  Appeals,  Supreme  Court,  nominating. ...       29 
Judiciary  Committee  (Int.  No.  20;  Pr.  20). 

Court  of  Criminal  Appeals,  establish 30 

Judiciary  Committee  (Int.  No.  21;  Pr.  21). 


958  INDEX 


PAGE 


Court  practice,  rules  of,  adoption 30 

Judiciary  Committee  (Int.  No.  22;  Pr.  22). 

Workmen's  compensation,  laws  for 30,  248,     432 

Industrial  Interests  Committee  (Int.  No.  23;  Pr.  23). 

Me.  F.  C.  Allen. 

(Eepublican —  Cayuga,  Cortland  and  Seneca.) 

(Charities,  Privileges  and  Elections.) 

Mb.  V.  M.  Allen. 

(Eepublican  —  Bensselaer.) 
(Taxation,  Cities.) 

Me.  Angell. 

(Eepublican  —  Clinton,  Essex  and  Warren.) 

(Governor  and  Other  State  Officers,  Conservation.) 

Court  of  Claims,  merge  in  Supreme  Court 129 

Judiciary  Committee  (Int.  No.  349;  Pr.  353). 
Verdict,  civil  cases,  three-fourths  jury 129 

Bill  of  Eights  Committee  (Int.  No.  350;  Pr.  354). 
Highway  bonds,  proceeds,  apportion 130 

Public  Utilities  Committee  (Int.  No.  356;  Pr.  360). 
Inferior  local  courts,  jurisdiction,  regulating 142 

Judiciary  Committee  (Int.  No.  381;  Pr.  388). 
Conservation  advisory  board,  establishing 193,     361 

Conservation  Committee  (Int.  No.  569;  Pr.  584). 
Forests,  camp  sites,  water  storage,  etc 193,     361 

Conservation  Committee  (Int.  No.  570;  Pr.  585). 
Conservation  Commission,  constitutional  body 193,     361 

Conservation  Committee  (Int.  No.  571;  Pr.  586). 

Me.  Austin. 

(Eepublican  —  Greene  and  Ulster.) 

(Finance,  Conservation.) 

Constitutional  amendments,  Legislature  passing. 36 

Future  Amendments  Committee  (Int.  No.  33;  Pr.  33). 

Agricultural  lands,  leases,  reserved  rent 37,  221,  262,     281 

Bill  killed  (Int.  No.  34;  Pr.  34). 

Common  school,  literature  funds,  preserving  capital 37 

Finance  Committee  (Int.  No.  40;  Pr.  40). 


INDEX  959 

PAGE 

Bills,  Legislature  passing  under  emergency  message.  .  .  .45,     125 

135,  222,  288,  302,  451,     515 

Passed  (Int.  No.  78;  Pr.  746). 
Appropriations,  State,  use  of,  time,  reviving,  etc 45 

Finance  Committee  (Int.  No.  79;  Pr.  79). 
Forest  preserve  lands,  sale,  cutting  of  timber 59,  89,     360 

Conservation  Committee  (Int.  No.  128;  Pr.  247). 

Conservation  Commissioner,  Governor  to  appoint 59 

134,  140,     360 

Conservation  Committee  (Int.  No.  129;  Pr.  129). 
Grand  jury  system,  regulation  by  Legislature 93 

Bill  of  Eights  Committee  (Int.  No.  239;  Pr.  241). 
State  debts,  bonds,  anticipation  taxes 137 

Finance  Committee  (Int.  No.  362;  Pr.  367). 
Canal  fund  commissioners,  canal  board 137,  329,     378 

Committee  of  the  Whole  (Int.  No.  363;  Pr.  760). 
Superintendent  of  Public  Works,  canal  employees,  etc.  137,     232 

Governor  and  Other  State  Officers  Committee   (Int. 
No.  364;  Pr.  369). 
State  debts,  creating,  payment,  etc 180,     245 

Finance  Committee  (Int.  No.  509;  Pr.  714). 
Canal  lands,  sale,  etc.,  proceeds 180 

Canals  Committee  (Int.  No.  510;  Pr.  522). 

Me.  Baldwin. 
(Democrat  —  New  York.) 
(Cities,  Governor  and  Other  State  Officers,  Conservation.) 

Direct  State  tax  bills,  Legislature  passing 58 

Taxation  Committee  (Int.  No.  120;  Pr.  120). 

Fish  and  game  commission,  creating 58,  134,     146 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
121;  Pr.  121). 

New  York  City,  General  Sessions  Court,  continuing 74 

Judiciary  Committee  (Int.  No.  170;  Pr.  170). 

Jury  trials,  waiving,  civil  cases 81,     244 

Bill  of  Bights  Committee  (Int.  No.  197;  Pr.  198). 
Water,  conservation,  development,  property  for. .  .96,  139,     146 
Bill  of  Eights  Committee  (Int.  No.  248;  Pr.  406). 

Water  supply,  State  lands  for 119,     361 

Conservation  Committee  (Int.  No.  312;  Pr.  316). 
Conservation  Commission,  constitutional  body,  etc.  . .  .141,     361 
Conservation  Commission  (Int.  No.  375;  Pr.  382). 


960  INDEX 


PAGE 


New  York  City,  to  be  single  county 164 

County,    Town  and  Village   Government   Committee 
(Int.  No.  449;  Pr.  461). 
Tax  rate,  same  on  buildings  and  land 164 

Taxation  Committee  (Int.  No.  450;  Pr.  462). 
Mandatory  pay-roll  legislation  prohibited 165 

Legislative  Powers   Committee    (Int.    No.    451;   Pr. 
463). 
Supreme  Court  commissioners,  providing  for 165 

Judiciary  Committee  (Int.  No.  452;  Pr.  464). 
Condemnation,  proceedings  regulating 165 

Bills  of  Eights  Committee  (Int.  No.  453;  Pr.  465). 
Judicial  statistics,  publishing 165 

Judiciary  Committee  (Int.  No.  454;  Pr.  466). 
Securities,  municipal,  Committee  on.  .165,  204,  229,  431,     525 

Cities  Committee  (Int.  No.  455;  Pr.  467). 
Civil  Code  bill,  judges  vetoing 206 

Judiciary  Committee  (Int.  No.  622;  Pr.  638). 

Mjr.  Bannister. 

(Republican  —  Kings.) 

(Finance,  Conservation.) 

Waters,   State,   pollution 116,     360 

Conservation  Committee  (Int.  No.  295;  Pr.  299). 
Aerial  forces,  State  militia 149 

Military  Affairs  Committee  (Int.  No.  401;  Pr.  413). 
Inheritance  taxes,  use  for  public  improvement  only 186 

Finance  Committee  (Int.  No.  526;  Pr.  541). 
Buildings,  height,  etc.,  regulating 225,     579 

Cities  Committee  (Int.  No.  669;  Pr.  686). 
Buildings,  zones,  etc.,  regulating 225,     579 

Cities  Committee  (Int.  No.  670;  Pr.  687). 
Property,  dangerous  to  health,  taking 225,     579 

Cities  Committee  (Int.  No.  671;  Pr.  688). 

Mr.  Barnes. 

(Republican  —  Albany.) 

(Legislative  Powers  (Ch.),  Rules.) 

Legislature,  powers  of,  restricting 120,  126,  135,     278 

301,  310,     383 
Legislative  Powers  Committee  (Int.  No.  315 ;  Pr.  748). 


INDEX  961 

PAGE. 

Constitutional  Convention,  referendum  on 151 

Future  Amendments  Committee  (Int.  No.  412;  Pr. 
424). 

Legislature,   private,   local,   bills 192 

Legislative  Powers  Committee  (Int.  No.  567  ;  Pr.  582). 

Public  utilities  service,  duplicating 209,     216 

Public  Utilities  Committee  (Int.  No.  640;  Pr.  656). 

Mr.  Barrett. 

(Republican  —  Westchester.) 

(Taxation;  County,  Town,  Village  Officers.) 

Courts,  inferior,  established  by  Legislature 45 

Judiciary  Committee  (Int.  No.  72;  Pr.  72). 
Taxes,  department  of  assessment  and  collection,  counties.  .        82 
Taxation  Commission  (Int.  No.  201;  Pr.  202). 

Counties,  optional  government,  plans,  general  laws 82,     525 

County,    Town   and   Village   Government    Committee 
(Int.  No.  202;  Pr.  203). 

County  government,  optional  plans 166,  266,     525 

County,    Town   and   Village   Government    Committee 
(Int.  No.  462;  Pr.  726). 

Mr.  Baumes. 

(Republican  —  Orange   and   Sullivan.) 

(Suffrage,  Education.) 

Mr.  Bayes. 

(Republican  —  Kings.) 

(Governor  and  Other  State  Officers,  Revision.) 

Jury,  all  cases,  to  be  composed  of  6 38 

Bill  of  Rights  Committee  (Int.  No.  45;  Pr.  45). 

Capital  punishment,  abolishing 57 

Bill  of  Rights  Committee  (Int.  No.  118;  Pr.  118). 

Legislature,  adjournment  date,  daily  sessions 81 

Legislative  Organization  Committee    (Int.   No.    190; 
Pr.  191). 

Legislature,  adjournment  either  house,  limit 81 

Legislative  Organization  Committee  (Int.  No.  191 ;  Pr. 
192). 

Legislative,  introduction  of  bills,  limit 81 

Legislative  Powers  Committee  (Int.  No.  192  ;  Pr.  193). 
31 


962  INDEX 

PAGE 

Corporations,  stockholders,  liability  for  labor 126,  127,     345 

Corporations  Committee  (Int.  No.  337;  Pr.  341). 
Court  of  Appeals,  enlarging,  Appellate  Division  abolished . .      164 

Judiciary  Committee  (Int.  No.  445;  Pr.  457). 
Court  of  Appeals,  jurisdiction 164 

Judiciary  Committee  (Int.  No.  446;  Pr.  458). 
Building,  height,  zones,  cities 177,     579 

Cities  Committee  (Int.  No.  489;  Pr.  501). 
Schools,  vaccination  not  compulsory 177 

Education  Committee  (Int.  No.  490;  Pr.  502). 
Supreme  Court,  judges,  terms 177 

Judiciary  Committee  (Int.  No.  491;  Pr.  503). 
Military  service,  scruples  against 187,  228,     627 

Reported  adversely  (Int.  No.  529;  Pr.  544). 

Mr.  Beach. 

(Republican  —  Oneida.) 
(Banking  and  Insurance,  Printing,  Finance.) 

Mr.  Bell. 

(Republican  —  New  York.) 
(Contingent  Expenses,  Prisons,  Charities.) 

Voters  must  read  and  write  English 74 

Suffrage  Committee  (Int.  No.  171 ;  Pr.  171). 

Pardon,  State  Board  of,  creating 207,  252,     259 

Prisons  Committee  (Int.  No.  627;  Pr.  643). 

Mr.  Bernstein. 

(Democrat  —  New  York.) 
(Legislative  Organization,  County,  Town,  Village  Officers.) 

Appellate  Division,  justices,  designating 67 

Judiciary  Committee  (Int.  No.  148;  Pr.  148). 
State  officers,  appointment  by  Governor,  etc.  .  .74,  217,  227,     232 

456 
Governor  and  Other  State  Officers  Committee   (Int. 
No.  172;  Pr.  172). 

Pardon,  board  of,  creating 93,     162 

Prisons  Committee  (Int.  No.  235;  Pr.  237). 


INDEX  963 

PAGE 

Election  officers,  competitive  examinations 93 

Suffrage  Committee  (Int.  No.  236;  Pr.  238). 

Senate  districts,   reapportionment 117 

Legislative  Organization  Committee  (Int.  No.  298;  Pr. 
302). 

Legislature,  composed  of  Senate  only 117,     201 

Keported  adversely  (Int.  No.  299;  Pr.  303). 

Mr.  Berre 

(Republican  —  At  Large.) 
(Printing  (Ch.),  Cities,  Industrial  Interests.) 

State  officers,  appointment,  election 96,     107 

Governor  and  Other  State  Officers  Committee   (Int. 
No.  246;  Pr.  249). 
Mandatory  laws,  requiring  expenditure  city  money.  .  .231,     417 
Cities  Committee  (Int.  No.  676;  Pr.  693). 

Mr.  Betts. 

(Republican  —  Ontario,  Wayne  and  Yates.) 

(Revision,  Printing,  County,  Town,  Village  Government.) 

Death  penalty,  abolishing 30 

Bill  of  Rights  Committee  (Int.  No.  24;  Pr.  24). 

Senate  districts,  reapportion  by  legislation 98 

Legislative  Organization   Committee   (Int.   No.   259 ; 
Pr.  262). 

Bills,  legislative,  signing,  time  of 118 

Governor  and  Other  State  Officers  Committee   (Int. 
No.  304;  Pr.  308). 

Senate,  districts,  reapportioning,  etc 144 

Legislative  Organization  Committee  (Int.  No.  389  ;  Pr. 
396). 

Mr.  Beauveet. 
(Democrat  —  Richmond  and  Rockland.) 
(Governor  and   Other   State  Officers,   Public  Utilities,   Conser- 
vation. ) 
Highway  bonds,  proceeds,  excess,  apportion.  .36,  377,  409,     537 

555,  557,   561,     599 
Passed  (Int.  No.  31;  Pr.  837). 

Sinking  funds,  surplus  any  year,  use  of 82,     456 

Finance  Committee  (int.  No.  199;  Pr.  200). 


964  INDEX 

PAGE 

Condemnation  by  municipal  corporations 237 

Bill  of  Eights  Committee  (Int.  No.  685 ;  Pr.  705). 

Mr.  Bockes. 

(Republican — Chenango,  Madison  and  Otsego.) 
(Legislative  Powers,   Governor  and  Other  State  Officers.) 

Inferior  courts,  territorial  jurisdiction 55 

Judiciary  Committee  (Int.  No.  107;  Pr.  107). 

Municipalities,  gifts  of  stock  or  bonds  to 55 

County,  Town,  Village  Government  Committee  (Int. 
No.  108;  Pr.  108). 
Agricultural  commissioner,  elect.;  state  officers,  terms. ...        55 
Governor  and  Other  State  Officers  Committee  (Int.  No. 
109;  Pr.  109). 

State  officers,  2-year  term,  repeal  section 55,     456 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
110;  Pr.  110). 

Mr.  Brackett. 

(Republican  —  At  Large.) 
(Legislative  Organization  (Ch.),  Legislative  Powers,  Judiciary.) 

Claims  against  state,  jurisdiction  Supreme  Court 29,     306 

Judiciary  Committee  (Int.  No.  15;  Pr.  15). 
Grand  jury  minutes,  inspection  by  defendant 29 

Bill  of  Rights  Committee  (Int.  No.  16;  Pr.  16). 
Insurance  superintendent,  to  be  elected  by  people 46 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
80;  Pr.  80). 
Public  works  superintendent,  to  be  elected  by  people 46 

Governor  and  Other  State  Officers  (Int.  No.  81;  Pr.  81). 
Pardon  and  parole,  state  board  of,  creating 46 

Governor  and  Other  State  Officers  Committee   (Int. 
No.  82;  Pr.  82). 
Prisons,  state  superintendent  of,  elected  by  people 46 

Governor  and  Other  State  Officers  Committee   (Int. 
No.  83;  Pr.  83). 
Gambling,  all  kinds,  prohibited 209 

Bill  of  Rights  Committee  (Int.  No.  643;  Pr.  659). 
Gambling,  all  kinds,  express  prohibition  against 210 

Bill  of  Rights  Committee  (Int.  No.  644;  Pr.  660) 


INDEX  965 


PAGE 


Health  department,   direct  state  tax  for 219,     456 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
668;  Pr.  684). 

Mr.  Brenner. 

(Republican  —  Kings.) 

(Corporations  (Ch.),  Privileges  and  Elections,  Public  Utilities.) 

Jury,  civil  cases,  6  instead  of  12 38,     244 

Bill  of  Rights  Committee  (Int.  No.  43;  Pr.  43). 
Commissioner  of  jurors,  appointment 38 

Judiciary  Committee  (Int.  No.  44;  Pr.  44). 
Condemnation,  judge  of,  etc 74 

Bill  of  Rights  Committee  (Int.  No.  169;  Pr.  169). 
Dower,  inchoate  right  of,  abolished 116 

Bill  of  Rights  Committee  (Int.  No.  296;  Pr.  300). 
Judges,  automatic  re-nomination 119 

Judiciary  Committee  (Int.  No.  309;  Pr.  313). 
Jury  duty,  exemptions,  abolished,  etc 119 

Judiciary  Committee  (Int.  No.  310;  Pr.  314). 
Arrests,  civil  action,  prohibited 130 

Bill  of  Rights  Committee  (Int.  No.  357;  Pr.  361). 
Cities,  magistrates,  local  courts,  etc 188 

Judiciary  Committee  (Int.  No.  536;  Pr.  551). 

Mr.  Bunce. 
(Republican  —  Fulton  and  Hamilton,  Herkimer  and  Lewis.) 
(Bill  of  Rights,   Privileges   and  Elections,   Corporations.) 

Officers,  impeachment  of,  powers  pending  trial 68 

Judiciary  Committee  (Int.  No.  155;  Pr.  155). 

Justices  of  peace,  number  of,  limiting 74 

Judiciary  Committee  (Int.  No.  175;  Pr.  175). 

Inferior  local  court's  jurisdiction 83 

Judiciary  Committee  (Int.  No.  208;  Pr.  209). 

Forest  preserve,  storage  reservoirs,  etc 86,  232,     360 

Conservation  Committee  (Int.  No.  219;  Pr.  220). 

Conservation,  commissioner  of,  appoint,  etc 86 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
220;  Pr.  221). 

Hamilton  county,  abolished;  assemblymen,  number 120 

Legislative  Organization  Committee    (Int.   No.   317; 
Pr.   321). 


966  INDEX 

PAGE 

Water,  storage,  power,  lands  for,  etc 129,     146 

Bill  of  Eights  Committee  (Int.  No.  348;  Pr.  352). 

Justices  of  peace,  number,  regulation 137 

Judiciary  Committee  (Int.  No.  365;  Pr.  370). 

Mr.  Burkan. 

(Democrat  —  New  York.) 
(Legislative  Organization,   Privileges  and  Elections.) 

City  court,  New  York  city,  merger  in  Supreme  Court 67 

Judiciary  Committee  (Int.  No.  149;  Pr.  149). 

Officials,  public,  to  have  no  private  business 67 

Governor  and  Other  State  Officers   Committee   (Int. 
No.  150;  Pr.  150). 

County  judges,  composition,  changing  during  term 67 

Judiciary  Committee  (Int.  No.  151;  Pr.  151). 

Mr.  Buxbaum. 

(Republican  —  Kings.) 
(Legislative  Organization,  County,  Town,  Village  Officers.) 

Legislative  powers,  delegation  of,  restriction 40 

Legislative  Powers  Committee  (Int.  No.  58;  Pr.  58). 
Imprisonment  in  civil  actions,   exceptions 40,     248 

Judiciary  Committee  (Int.  No.  59;  Pr.  59). 
Bribery,  corruption,  fraud,  laws,  etc 43 

Judiciary  Committee  (Int.  No.  63;  Pr.  63). 
Judges,  qualifications,  not  to  practice  law 91 

Judiciary  Committee  (Int.  No.  224;  Pr.  226). 
New  York  city,  assembly  districts,  fixing 127 

Legislative  Organization  Committee   (Int.   No.   335 ; 
Pr.  339). 
Legislature,  meeting  after  30-day  period 205 

Legislative  Powers  Committee  (Int.  No.  615;  Pr.  631). 

Legislature,  session  after  30-day  period,  calling 205 

Legislative  Powers  Committee  (Int.  No.  616;  Pr.  632). 

Mr.  Byrne. 

(Democrat  —  Kings.) 
(Militia,  Privileges  and  Elections.) 


INDEX  967 

Me.  Clearwater.  page 

(Republican  —  At  Large.) 

(Prison  (Ch.),  Education,  Judiciary.) 

Law,  admission  to  practice,  oath 68 

Judiciary  Committee  (Int.  No.  153;  Pr.  153). 
Supreme  court  justices,  salary 93,       94 

Judiciary  Committee  (Int.  No.  240;  Pr.  242). 
Children's  courts,  domestic  relation  courts 192 

Judiciary  Committee  (Int.  564;  Pr.  579). 
State  Probation  Commission,  constitutional  body 192,     344 

Committee  of  the  Whole  (Int.  565;  Pr.  580). 

Mr.  Clinton. 

(  Republican  —  Erie. ) 

(Canals   (Ch.),  Conservation.) 

Canals,  lease,  sale,  prohibition  of 182 

Canals  Committee  (Int.  No.  519;  Pr.  531). 

Mr.  Cobb. 

(Republican  —  Onondaga.) 

(Judiciary,  Privileges  and  Elections.) 

Canal  lands,  structures,  abandonment  sale  of 69,  85,     218 

Canals  Committee  (Int.  No.  159;  Pr.  222). 
Appeals  to  court  of  appeals,  taking 69 

Judiciary  Committee  (Int.  No.  160;  Pr.  160). 
Inferior  local  courts,  jurisdiction,  limit 97 

Judiciary  Committee  (Int.  256;  Pr.  259).. 
Constitutional 'amendments,  ratification  by  voters 97 

Future  Amend.  Committee  (Int.  No.  257;  Pr.  260). 
Voters,  qualifications,  residence 143 

Suffrage  Committee  (Int.  No.  383;  Pr.  390). 
Judicial  officers,  removal,  regulating 143 

Judiciary  Committee  (Int.  No.  384;  Pr.  391). 
Court  of  Claims,  constitutional  body 167 

Judiciary  Committee  (Int.  No.  466;  Pr.  478). 
Court  of  claims,  judges,  removal 167 

Judiciary  Committee  (Int.  No.  467;  Pr.  479). 
Judges,  claims  court,  inferior  courts,  terms,  etc 167 

Judiciary  Committee  (Int.  No.  468;  Pr.  480). 
Cities,  incorporated  villages,  general  laws  for.211,  233,  417,     525 

Cities  Committee  (Int.  No.  650;  Pr.  698). 


968  INDEX 

PAGE 

Rural  voters,  personal  registration 211 

Suffrage  Committee  (Int.  No.  651;  Pr.  667). 

Voters,  challenge,  oaths,  laws  for 211 

Suffrage  Committee  (Int.  No.  652;  Pr.  668). 

Legislators,  as  attorneys  before  State  departments 211 

Legislative  Organization  Committee  (Int.  No.  653;  Pr. 
669). 

Mr.  Coles. 

(Republican  —  Nassau  and  Suffolk.) 

(Civil  Service,  County,  Town,  Village  Government.) 

Titles,  real  property,  registering 43 

•    Judiciary  Committee  (Int.  No.  60;  Pr.  60). 
Justices  of  peace,  qualifications,  legislative  fixing 103 

Judiciary  Committee  (Int.  No.  260;  Pr.  263). 
Grand  jury,  indictment,  right  to 127 

Bill  of  Rights  Committee  (Int.  No.  333;  Pr.  337). 
Justices  of  peace,  fees 127 

Judiciary  Committee  (Int.  No.  334;  Pr.  338). 
Counties,  annexing  territory,  regulation 148 

Legislative   Organization   Committee    (Int.   No.    399; 
Pr.  411). 
Military  service,  optional,  etc 163,  228,     627 

Reported  adversely  (Int.  No.  440;  Pr.  452). 
Public  Service  Commission,  constitutional  bodies 176,     339 

Public  Utilities  Committee  (Int.  No.  482;  Pr.  494). 
Supervisors,  boards  of .  . . 186,     525 

County,    Town   and    Village   Government    Committee 
(Int.  No.  523;  Pr.  538). 
Counties,  optional  plans  of  government 186,     525 

County,    Town   and   Village   Government   Committee 
(Int.  No.  524;  Pr.  539). 
Printing,  Legislature,  number  of  copies 186 

Education  Committee  (Int.  525;  Pr.  540). 

Mr.  Cullinan. 

( Republican  —  At  Large. ) 
(Suffrage    (Chairman),    Governor    and    Other    State    Officers, 

Canals.) 

Pensions,  granted  by  Legislature,  referendum 75 

Finance  Committee  (Int.  No.  176;  Pr.  176). 


INDEX  969 


PAGE 


Waters,  title  in  State,  use,  regulation 194,  249,     514 

Committee  of  the  Whole  (Int.  575;  Pr.  817). 
Cigarettes,  tax  upon 194 

Taxation  Committee  (Int.  No.  576;  Pr.  591). 
State  debts,  laws  creating 194 

Finance  Committee  (Int.  No.  577;  Pr.  592). 
Commerce  and  navigation,  commissioner  of 194 

Canals  Committee  (Int.  No.  578;  Pr.  593). 

Mr.  Ctjrran. 

(  Republican  —  Monroe. ) 

(Bill  of  Rights,  Industrial  Interests.) 

Superintendent  Public  Works,  election 122 

Governor  and  Other  State  Officers   Committee   (Int. 
No.  330;  Pr  334). 

Jury  trials,  rights  to,  criminal  cases 144 

Bill  of  Rights  Committee  (Int.  No.  391 ;  Pr.  398). 

Unemployed,  providing  work  for 144 

Industrial   Interests   Committee    (Int.   No.    392;   Pr. 
399). 

Workmen's  compensation,  old  age,  insurance,  etc 144 

Industrial  Interests  Committee    (Int.   No.   393;   Pt. 
400). 

Labor,  public  works,  etc.,  8-hour  day 144 

Industrial   Interests   Committee    (Int.    No.    394;   Pr 
401). 

Constitutional  Convention  delegates,  election 144 

Future  Amendments  Committee  (Int.  No.   395;  Pr. 
402). 

Legislature,  members,  salary 145 

Legislative  Organization   Committee   (Int.   No.    396; 
Pr.  403). 

Military  forces,  labor  disputes,  etc 145 

Military  Affairs  Committee  (Int.  No.  397;  Pr.  404). 

Judges,  separate  election  for 145 

Judiciary  Committee  (Int.  No.  398;  Pr.  405). 

Constitutionality  of  laws    152 

Judiciary  Committee  (Int.  No.  421;  Pr.  433). 

Workmen's  compensation  laws,  enacting 152 

Industrial  Interests  Committee   (Int.   No.   422;   Pr. 
434). 


970  INDEX 

PAGE 

Habeas   Corpus,   right  to,   suspend   152.     627 

Bill  of  Eights  Committee  (Int.  No.  423;  Pr.  435). 

Capital  punishment,  abolishing 212 

Bill  of  Eights  Committee  (Int.  No.  661;  Pr.  677). 

Me.  Dahm. 

(Democrat  —  Kings.) 

(Industrial  Interests,  Printing.) 

Voters,  New  York  city,  residence 141 

Suffrage  Committee  (Int.  No.  372;  Pr.  379). 

Initiative  and  referendum   177 

Legislative   Powers   Committee    (Int.    No.    486;    Pr. 
498). 

Conspiracies,  acts,  individual,  in  concert 197,     240 

Judiciary  Committee  (Int.  No.  598;  Pr.  613). 

Free  speech,  libel,  etc 197,     240 

Bill  of  Eights  Committee  (Int.  No.  599;  Pr.  614). 

Senators,  one  year  term    197 

Legislative  Organization  Committee   (Int.   No.   600; 
Pr/615). 

Initiative  and  referendum,  providing  for 212 

Legislative   Powers   Committee    (Int.    No.    660;    Pr. 
676). 

Mb.  Daly. 

(Democrat  —  Kings.) 

(County,  Town  and  Village  Officers,  Prisons.) 

Mr.  Dennis. 

(Eepublican  —  Saratoga  and.  Washington.) 

(Legislative  Organization,  Militia.) 

Mr.  Deyo. 

(Eepublican  —  Broome  and  Delaware.) 

(Civil  Service,  Public  Utilities.) 

Governor,  salary,  $20,000,  introduce  bills,  etc 75 

Governor  and  Other   State  Officers  Committee    (Int. 
No.  182;  Pr.  182). 

Tax,  direct,  partial  veto  by  Governor 83,  125,     126 

Governor  and  Other  State  Officers   Committee   (Int. 
No.  209;  Pr.  210). 


INDEX  971 

PAGE 

Stock  market,  margin  transactions,  prohibiting 143,     509 

Bill  of  Eights  Committee  (Int.  No.  387;  Pr.  813). 
Stocks,  produce,  markets,  incorporation 143,     345 

Corporations  Committee  (Int.  No.  388;  Pr.  395). 
Short  ballot,  state  officers   168,  227,     456 

Governor  and  Other   State  Officers  Committee   (Int. 
No.  472;  Pr.  484). 
Judges,    removal,   regulating    182 

Judiciary  Committee  (Int.  No.  522;  Pr.  534). 

Me.  Dick. 
(Republican  —  Monroe.) 
(Civil  Service,  Finance.) 

Mr.  Donnelly. 

(Democrat  —  Bronx.) 

(Governor    and    Other    State    Officers,    County,    Town,    Village 

Government. ) 
Appeals  court  opinions,  Legislature,  Governor,  requiring.  .        28 
Judiciary  Committee  (Int.  No.  9;  Pr.  9). 

Indirect  State  taxes,  half  to  locality 208,     217 

Finance  Committee  (Int.  No.  632;  Pr.  648). 

Change  of  grade  damages,  payment  of 208 

Bill  of  Rights  Committee  (Int.  No.  633;  Pr.  649). 

County  purchasing  agents    208,     525 

County,    Town   and   Village   Government    Committee 
(Int.' No.  634;  Pr.  650). 

Short  ballot  provision    208,     456 

Governor  and  Other  State  Officers  Committee   (Int. 
No.  635;  Pr.  651). 

Me.  Donovan. 

(Democrat  —  Bronx. ) 
(Education,  Corporations.) 

Civil  Service  Commission,  state  regulating 93,     580 

Reported  adversely  (Int.  No.  237;  Pr.  239). 

Elections,   compulsory  voting    105 

Suffrage  Committee  (Int.  No.  271;  Pr.  274). 

Contagious  diseases,  laws  regulating 237 

Bill  of  Rights  Committee  (Int.  No.  681;  Pr.  701). 


972  INDEX 

Mr.  Dooling  page 

(Democrat — New  York.) 
(Suffrage,  Public  Utilities.) 

Labor  and  Industries,  Commissioner  of,  electing 64,     161 

Industrial  Interests   Committee   (Int.   No.   134;   Pr. 
134). 

Mr.  Doughty. 

(Kepublican  —  Kings.) 

(Charities,  Corporations.) 

Stockholders,  insurance  companies,  liability 66,  344 

Corporations  Committee  (Int.  No.  143;  Pr.  143). 

Mr.  Dow. 

(Republican — Cattaraugus  and   Chautauqua.) 

(Conservation    (Ch.),   Civil   Service.) 

Forests,   waters,   regulating    138,  232,     361 

Conservation  Committee  (Int.  No.  370;  Pr.  375). 

Forests  and  waters  commission  of  three  members 169,     361 

Conservation  Committee  (Int.  No.  480;  Pr.  492). 

Mr,  Drummond. 

(Democrat  —  New  York.) 

(Charities,  Prisons.) 

Mr.  Dunlap. 

(Republican  —  Montgomery,  Schenectady  and  Schoharie.) 

('Conservation,  Privileges  and  Elections.) 

Forests,  regul.,  three  commissioners  of,  etc.     68,  134,  140,     360 

Conservation  Committee  (Int.  No.  154;  Pr.  154). 

Health  department,  maintenance    117,     456 

Governor  and  Other  State  Officers  Committee  (Int. 
No.  300;  Pr.  304). 

Hamilton  County,  not  to  be  abolished 151 

Legislative  Organization  Committee  (Int.  No.  413 ; 
Pr.  425). 

Mr.  Dunmore. 

(Republican  —  Oneida.) 

(Judiciary,  Civil  Service.) 

Constitutional  amendments,  submission  of 39 

Future  Amendments  Committee  (Int.  No.  52  ;  Pr.  52). 


INDEX  973 

PAGE 

"Civil  service,  Spanish  War  veterans 39,     580 

Reported  adversely  (Int.  No.  53;  Pr.  53). 
Woman  suffrage,  women  vote  on  question 65 

Suffrage  Committee  (Int.  No.  140;  Pr.  140). 
Habeas  corpus,  detention  by  extraordinary  war 75 

Bill  of  Rights  Committee  (Int.  No.  177;  Pr.  177). 
Justices  of  peace,  district  courts 97 

Judiciary  Committee  (Int.  No,  252;  Pr.  255). 
Inferior  local  courts,  jurisdiction 97 

Judiciary  Committee  (Int.  No.  253;  Pr.  256). 
Special  sessions  courts,  abolishing 121 

Judiciary  Committee  (Int.  No.  320;  Pr.  324). 
Excess  condemnation,  cities,  abolishing 121 

Bill  of  Rights  Committee  (Int.  No.  321;  Pr.  325). 
Statutes,  sale,  etc 121 

Judiciary  Committee  (Int.  No.  323;  Pr.  327). 
Laws,  taking  effect,  time  of 121 

Legislative  Powers  Committee  (Int.  No.  324;  Pr.  328). 
Sheriffs,  succeeding  themselves 121 

County,  Town  and  Village  Officers  Committee   (Int. 
No.  325;  Pr.  329). 
Woman  suffrage,  women's  sentiment  upon 143 

Suffrage  Committee  (Int.  No.  382;  Pr.  389). 
Manufacturing  industries,  unreasonable  regulation.  .  .  .193,  273, 

284,  306,     307 

Committee  of  the  Whole  (Int.  No.  573;  Pr.  751). 
Unreasonable  laws,  regulations,  prohibited 194 

Legislative  Powers  Committee  (Int.  No.  574;  Pr.  589). 
Electors,  absent;  summer  resorts,  etc 231,     282 

County,    Town   and   Village   Government   Committee 
Int.' No.  678;  Pr.  695). 

Mr.  Dykman. 

(Democrat  —  Kings.) 
(Judiciary,    Contingent    Expenses,    Governor   and    Other    State 

Officers). 

Me.  Eggleston. 

(Republican  —  Cayuga,  Cortland  and  Seneca.) 
(Suffrage,  Industrial  Interests.) 


974  INDEX 

Mr.  Eisner.  page 

(Democrat  —  New  York.) 
(Suffrage,  'Civil  Service,  Charities.) 

Motion  picture  censorship,  prohibiting 54 

Bill  of  Eights  Committee  (Int.  No.  101;  Pr.  101). 

Woman  suffrage,  providing  for 190 

Suffrage  Committee  (Int.  No.  551 ;  Pr.  566). 

Officials,  removal  by  Governor 190,     456 

Governor  and  Other  State  Officers  Committee   (Int. 
No.  552;  Pr.  567). 

Cities,  villages,  adopt  own  charters 190,  417,     525 

Cities  Committee  (Int.  No.  553;  Pr.  568). 
Workmen's  compensation,  minimum  wages,  etc. .  .  .  190,  248,     432 
Industrial  Interests  Committee   (Int.   No.   554;   Pr. 
569). 

Short  ballot,  State  officers 191,     223 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
555;  Pr.  570). 

Initiative,  referendum,  providing  for 191 

Legislative  Powers  Committee  (Int.  No.  556 ;  Pr.  571). 

Kecall,  elective  officers 191 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
557;  Pr.  572). 

Legislative  acts,  constitutionality 191,     215 

Judiciary  Committee  (Int.  No.  558;  Pr.  573). 

Mr.  Endres. 

(Democrat  —  Erie.) 

(County,  Town  and  Village  Officers;  Indians.) 

Mr.  Eppig. 

(Democrat  —  Kings.) 

(Taxation,  County,  Town  and  Village  Government.) 

Mr.   Fancher. 
(Republican  —  Broome  and  Delaware.) 
(Corporations,  Public  Utilities.) 

Mr.  Eober. 

(Republican  —  Onondaga.) 

(Banking  and  Insurance   (Ch.),   Cities,   Contingent  Expenses.) 

Court  of  Appeals,  composition,  salaries,  etc 105,     147 

Judiciary  Committee  (Int.  No.  274;  Pr.  409). 


INDEX  975 

PAGE 

Cities,  laws  for,  general  only 238,     417 

Cities  Committee  (Int.  No.  689;  Pr.  709). 

Mr.  Fogarty. 

(Democrat  —  Kings.) 

(Canals,  Industrial  Interests.) 

Pressure,  steam,  water,  air,  gas,  regulation 177,     342 

Governor  and  Other  State  Officers  Committee   (Int. 
No.  488;  Pr.  772). 

Mr.  Foley. 

(Democrat  —  New  York.) 

(Legislative  Powers,  Cities,  Public  Utilities.) 

Public  service  commissioners,  appointment,  terms.  .54,  162,     247 

339 
Public  Utilities  Committee.  (Int.  No.  98;  Pr.  715). 

State  census,  senatorial  districts,  etc 92 

Legislative   Organization   Committee    (Int.   No.    228; 
Pr.  230.) 

Workmen's  compensation  laws 142,     432 

Industrial   Interests   Committee    (Int.   No.    376;   Pr. 
383.) 

Legislative  bodies,  first  class  cities,  districts 178 

Cities  Committee  (Int.  No.  495;  Pr.  507.) 

Constitution,  amending,  by  petition 188 

Future  Amendments    Committee  (Int.  No.  539;  Pr. 
554.) 

Mr.  Ford. 

(Kepublican  —  Jefferson  and  Oswego.) 

(Legislative    Organization,    County,    Town    and    Village 

Officers.) 

Mr.  Franchot. 

(Republican  —  Niagara  and  Orleans.) 

(Cities,   Industrial   Interests,   Governor   and   Other   State 

Officers.) 

Merchandise,  etc.,  weighing,  repeal  prohibition.  . .  .59,  161,     263 

336,  433,  617,  625,  629,     644 
Lost  (Int.  No.  131;  Pr.  860.) 


976  INDEX 

PAGE 

Home  rule,  cities,  village 123,     417 

Cities  Committee  (Int.  No.  331;  Pr.  335.) 
Woman  suffrage,  vote  upon 130 

(Suffrage  Committee  (Int.  No.  353;  Pr.  357.) 
Criminal  cases,  grand  jury,  presentment 198,     244 

Bill  of  Eights  Committee  (Int.  No.  604;  Pr.  619.) 
Cities,  home  rule,  optional  system 212,  417,     448 

Cities  Committee  (Int.  No.  662;  Pr.  796.) 
Woman  suffrage  amendment,  effect  of 212 

Suffrage  Committee  (Int.  No.  663;  Pr.  679.) 
Auditor-General,  election  by  legislature 231 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
675;  Pr.  692.) 

Mr.  Frank. 
(Democrat  —  Queens.) 
(  Suffrage,  Corporations. ) 

Kings  county  judges,  number  of 43 

Judiciary  Committee  (Int.  No.  61;  Pr.  61.) 

Condemnation,  just  compensation 163 

Bill  of  Eights  Committee  (Int.  No.  441;  Pr.  453.) 

Private  property,  taking,  injury,  compensation 163 

Bill  of  Eights  Committee  (Int.  No.  442;  Pr.  454.) 

Condemnation,  by  Supreme  Court,  3  judges 176 

Bill  of  Eights  Committee  (Int.  No.  483;  Pr.  495.) 

Public  improvement,  cost,  assessing. 176 

Bill  of  Eights  Committee  (Int.  No.  484;  Pr.  496.) 

Mr.  Gladding. 
(Eepublican  —  Chenango,  Madison  and  Otsego.) 
(Judiciary,  Corporations.) 

Court  of  Appeals,  merge  in  Supreme  Court 117 

Judiciary  Committee  (Int.  No.  302;  Pr.  306.) 

Mr.  Gkeen. 
(Eepublican  —  Broome  and  Delaware.) 
(Cities,  Canals.} 

Veterans,  civil  service,  pensions 97 

Civil  Service  Commission  (Int.  No.  258;  Pr.  261.) 


INDEX  ,  977 

PAGE 

Conservation  department,  to  be  constitutional  body.  .  .  .159,     361 

Conservation  Commission  (Ink  No.  438;  Pr.  450.) 
Jurors,  commissioner  of,  each  county 195 

Judiciary  Committee  (Int.  No.  585;  Pr.  600.) 
Cumulative  voting,  for  assemblymen 195 

Suffrage  Committee  (Int.  No.  586;  Pr.  601.) 
New  York  City,  assembly  districts,  etc 195 

Legislative  Organization  Committee  (Int.  No.  587 ;  Pr. 
602.) 
Municipal  employees,  shifting  voting  rights 211 

Suffrage  Committee  (Int.  No.  654;  Pr.  670.) 
Home  rule,  principle  of 211,  223,  417,     525 

Cities  Committee  (Int.  No.  655;  Pr.  671.) 
Jury  duty,  persons  subject  to. 211,     215 

Judiciary  Committee  (Int.  No.  656;  Pr.  672.) 

Mr.  Greff. 

(Eepublican — Allegany,  Genesee  and  Wyoming.) 
(Taxation,  County,  Town  and  Village  Officers.) 

Mr.  Griffin. 

(Democrat  —  Bronx. ) 
(Canals,  Militia.) 

Taxation,  uniformity  in  valuation,  requiring 39,       42 

Taxation  Committee  (Int.  No.  46;  Pr.  46.) 

Senators,  assemblymen,  increase  in  terms 39 

Legislative  Organization  Committee    (Int.    No.    47; 
Pr.  47.) 

Senators,  assemblymen,  increase  in  salary 39 

Legislative  Organization  Committee  (Int.  No.  48;  Pr. 
48.) 

Governor,  Lieutenant-Governor,  4-year  terms 39 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
49;  Pr.  49.) 

Governor,  making  salary  $15,000 39 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
50;  Pr.  50.) 

Legislative  year,  begins,  length  of,  bills 44 

Legislative  Powers  Committee  (Int.  No.  69;  Pr.  69.) 


978  INDEX 

PAGE 

Penalties,  delegation  of  power  to  collect 44 

Legislative  Powers  Committee  (Int.  No.  70;  Pr.  70.) 
Felonies,  jury  to  fix  penalty 93 

Bill  of  Eights  Committee  (Int.  No.  238;  Pr.  240) 
Legislative  power,  delegation  of 96 

Legislative   Powers    Committee    (Int.    No.    250;    Pr. 
253.) 
Reapportionment,  legislative,  State  census 191 

Legislative  Organization  Committee  (Int.  No.  559 ;  Pr. 
574.) 

Me.  Haffen. 
(Democrat  —  Bronx.) 
(Legislative    Organization,    County,    Town    and    Village 

Officers.) 

Assemblymen,  increasing  number  of 74 

Legislative  Organization  Committee  (Int.  No.  174 ;  Pr. 
174.) 

Reapportionment,  senate  and  assembly  districts 237 

Legislative  Organization  Committee  (Int.  No.  684 ;  Pr. 
704.) 

Legislators,  number,  terms,  increasing 257 

Legislative  Organization  Committee  (Int.  No.  693 ;  Pr. 
723.) 

Me.  Hale. 

(Republican  —  Franklin  and  St.  Lawrence.) 
(Public  Utilities  (Ch.),  Rules,  Governor  and  Other  State 

Officers. ) 

Me.  Haeawitz. 

(Democrat  —  New  York.) 
(Banking  and  Insurance,  Prisons.) 

Legislators,  salary,  allowances,  etc 64 

Legislative  Organization  Committee  (Int.  No.  133 ;  Pr. 
133.) 

Criminal  cases,  appeals,  of  right 178 

Bill  of  Rights  Committee  (Int.  No.  494;  Pr.  506.) 


INDEX  979 

Me.  Heatox.  page 

(Republican  —  Rensselaer.) 
(County,  Town  and  Village  Government,  Future  Amend- 
ments.) 

Surrogates  courts,  powers,  etc 129 

Judiciary  Committee  (Int.  No.  347;  Pr.  351.) 

Taxation,  municipal  property 158 

Taxation  Committee  (Int.  No.  429;  Pr.  441.) 

Highways,  maintenance,  State  debts  for 158 

Public  Utilities  Committee  (Int.  ISTo.  430;  Pr.  442.) 

Me.  Heymax. 

(Democrat  —  Kings.) 
(Corporations,  Privileges  and  Elections.) 

Civil  service,  protection  against  removal,  veterans 104,     154 

228,  580,     626 
Reported  adversely  (Int.  ISTo.  263;  Pr.  266.) 

Me.  Hixmax. 

(Republican  — Albany.) 
(Future  Amendments  (Ch.),  Legislative  Powers,  Finance.) 

Charities  and  correction,  State  board,  create 208 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
637;  Pr.  653.) 

Legislature,  meeting  each  month,  except  July,  August 209 

Legislative  Organization  Committee  (Int.  No.  638;  Pr. 
654.) 

Public  service  commission,  providing  for 209,  216,     339 

Public  Utilities  Committee  (Int.  No.  639;  Pr.  655.) 

Me.  Johxsox. 

(Republican  —  Ontario,  Wayne  and  Yates.) 

(County,  Town  and  Village  Government,  Charities.) 

Governor,  impeachment,  powers  during  trial 181 

Governor  and  Other  State  Officers   Committee   (Int. 
No.  516;  Pr.  528.) 

Lieutenant-Governor,    impeachment    182 

Governor  and  Other  State    Officers    Committee    (Int. 
No.  517;  Pr.  529.) 

Impeachment,    impeachment   court,    etc 182 

Judiciary  Committee  (Int.  No.  518;  Pr.  530.) 


980  I1STDEX 

Me.  Jones.  page 

(Republican  —  Monroe.) 
(Corporations,  Industrial  Interests.) 

Me.  Kieby. 
(Republican  —  Niagara   and    Orleans.) 
(Legislative  Organization,  Public  Utilities.) 

Sheriffs,  may  succeed  themselves. 40,  42,  340,  447,     468 

County,   Town  and  Village  Officers  Committee   (Int. 
No.  57;  Pr.  57.) 

Officials,  State,  county,  no  perquisites  but  salary 47 

County,  Town  and  Village  Officers  Committee  (Int. 
No.  89;  Pr.  89.) 

State  board  of  charities,  books  public  records,  etc 47 

Charities  Committee  (Int.  No.  90;  Pr.  90.) 

Peace  justices,  as  masters  of  county  court 55 

Judiciary  Committee  (Int.  No.  114;  Pr.  114.) 

County  comptroller,  creating 55,     525 

County,  Town,  Village  Government  Committee  (Int. 
No.  115;  Pr.  115.) 

Magistrates,  judgment  by,  guilty  plea 118 

Bill  of  Rights  Committee  (Int.  No.  305;  Pr.  309.) 

Felony  case,  witness  without  state 130 

Bill  of  Rights  Committee  (Int.  No.  354;  Pr.  358.) 

Attorney-General,  legal  affairs  State  departments 198 

Governor  and  Other  State  Officers   Committee   (Int. 
No.  605;  Pr.  620.) 

Me.  Kiek. 

(Democrat  —  New  York.) 
(  Suffrage,  Corporations. ) 
Judges,  appellate  division,  Court  of  Appeals,  judicial  dis- 
tricts         92 

Judiciary  Committee  (Int.  No.  229;  Pr.  231.) 

State  senate,  abolishing;  assembly,  election  of 92,     200 

Reported  adversely  (Int.  No.  230;  Pr.  232.) 

Me.  Landeeth. 
(Republican  —  Montgomery,  Schenectady  and  Schoharie.) 
(Conservation,   Canals.) 

Engineering,  public  works  department,  creating 210,     232 

Governor  and  Other  State  Officers  Committee   (Int. 
No.  645;  Pr.  661.) 


INDEX  981 

PAGE 

Property  for  water  storage,  etc.,  taking 237 

Bill  of  Eights  Committee  (Int.  No.  687;  Pr.  707.) 

Public  service  commissions,  constitutional  bodies.  ..  .238,  339 
Public  Utilities  Committee  (Int.  No.  688;  Pr.  708.) 

Me.  Latson. 
(Eepublican  —  Kings.) 
(Militia  (Oh.),  Cities.) 

Legislators,   salaries,   $3,000 53 

Legislative    Organization    Committee    (Int.    No.    96; 
Pr.  96). 
Private  property,  taking  for  public  use,  procedure 53 

Bill  or  Rights  Committee  (Int.  No.  97;  Pr.  97). 
Arrests,  civil  cases,  prohibiting 57,     248 

Judiciary  Committee  (Int.  No.  117;  Pr.  117). 
Court  of  Claims,  abolishing .  149,     306 

Judiciary  Committee  (Int.  No.  402;  Pr.  414). 
Cities,  education  boards,  State  system 149 

Education  Committee  (Int.  No.  403;  Pr.  415). 
Engineering  and  public  works,  State  department 149,     456 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
404;  Pr.  416). 
Militia,  roster  of,  maintaining 187 

Military  Affairs  Committee  (Int.  No.  530;  Pr.  545). 
Adjutant-General,  major-generals,  aides.  .  .  .187,  329,  443,     451 

516 

Passed  (Int.  No.  531;  Pr.  761). 
Militia,  constitution  of 187,  330,  430,     431 

Military  Affairs  Committee  (Int.  No.  532;  Pr.  763). 
Militia,  equipment,  etc.,  maintaining 187 

Military  Affairs  Committee  (Int.  No.  533;  Pr.  548). 
Military  officers,  qualifications 187,  329,  443,  452,     516 

Passed  (Int.  No.  534;  Pr.  794). 
Militia,  officers,  absent  without  leave.  .  .188,  330,  443,  452,     517 

Passed  (Int.  No.  535;  Pr.  764). 

Mr.  Law. 

(Republican  —  Saratoga  and  Washington.) 

(Corporations,  Education.) 


982  INDEX 

Mr.  Leahy.  page 

(Democrat  —  New  York.) 
(Conservation,  Eevision.) 

License  fees,  fines,  fish,  game  law 207,     361 

Conservation  Committee  (Int.  No.  631;  Pr.  647). 

Mr,  Leggett. 

(Republican  —  Allegany,  Genesee  and  Wyoming.) 

(Taxation,  Banking  and  Insurance,  Industrial  Interests.) 

Oath,  corruption  at  election  clause  abolishing 46,  284,     337 

Killed  (Int.  No.  88;  Pr.  88). 

Justices  of  peace,  inferior  local  courts,  etc 69 

Judiciary  Committee  (Int.  No.  163;  Pr.  163). 

Juries,  number,  waiving,  regulating,  etc Ill,     244 

Bill  of  Bights  Committee  (Int.  No.  292 ;  Pr.  295). 

Governor,  appointments  without  consent  senate Ill,     456 

Governor  and  Other  State  Officers  Committee   (Int. 
No.  293;  Pr.  296). 

Bribery,   Constitutional  provisions  abolishing 168 

Judiciary  Committee  (Int.  No.  473;  Pr.  485). 

Banks,  monied  corporations,  regulating 168,     345 

Banking  and  Insurance  Committee  (Int.  No.  474;  Pr. 
486). 

Voters,  qualifications  of 197 

Suffrage  Committee  (Int.  No.  596;  Pr.  611). 

Mr.  Leitxer. 

(Democrat  —  Richmond  and  Rockland.) 
(Prisons,  Charities,  Library  and  Information.) 

Physicians,  services  public  institutions 225 

Legislative   Powers   Committee    (Int.    No.    672;    Pr. 
689). 

Mr.  Lexxox. 

(Republican  —  Chenango,  Madison  and  Otsego.) 

(Finance,  Education.) 

Mr.  Lixcolx. 

(Republican  —  Erie.) 
(County,  Town  and  Village  Government,  Finance.) 

Impeachment,  trial  court,  powers,  composition 37 

Judiciary  Committee  (Int.  No.  39;  Pr.  39). 


INDEX  983 


PAGE 


Election  law,  enacting,  two-thirds  vote 69 

Suffrage  Committee  (Int.  No.  165;  Pr.  165). 
State  departments,  etc.,  establishment  by  legislature,  limit- 
ing   76,     456 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
186;  Pr.  186). 
Debts,  for  public  improvement,  payment 168 

Finance  Committee  (Int.  No.  477;  Pr.  489). 
Appropriations,  State  debts 182 

Finance  Committee  (Int.  No.  520;  Pr.  532). 
Highways,  cost  of,  laws  affecting 182 

Finance  Committee  (Int.  No.  521;  Pr.  533). 
County  courts,  jurisdiction,  regulation 198,  217,     345 

Judiciary  Committee  (Int.  No.  608;  Pr.  685). 
Official  oaths,  false,  impeachment  for 198 

Bill  of  Rights  Committee  (Int.  No.  609 ;  Pr.  624). 

Mr.  Linde. 

(Republican  —  Kings.) 

(Legislative  Organization,  County,  Town  and  Village 

Officers. ) 

Education,  children,  to  be  function  of  State. 44,     303 

Education  Committee  (Int.  No.  67;  Int.  67). 

Mr.  Lindsay. 

(Republican  —  Niagara  and  Orleans.) 

(Indians  (Ch.),  Legislative  Organization,  Canals.) 

Prison  products,  use  by  State  and  public  institutions 94 

Prisons  Committee  (Int.  No.  243;  Pr.  245). 

Legislators,  doubling  terms,  biennial  sessions 94 

Legislative  Organization   Committee   (Int.   No.   244; 
Pr.  246). 

Indians,  peacemakers'  courts,  surrogates'  courts 106,     249 

Indian  Relations  Committee  (Int.  No.  279;  Pr.  282). 

Indians,  tribal  courts,  abolishing,  etc 160,     249 

Indian  Relations  Committee  (Int.  No.  439;  Pr.  451). 

Mr.  Low. 

(Republican  —  At  Large.) 

(Cities  (Ch.),  Finance,  Industrial  Interests.) 

Franchises,  grant  in  perpetuity,  prohibiting 36,  184,     218 

Legislative  Powers  Committee  (Int.  No.  28;  Pr.  537). 


984  INDEX 

PAGE 

Elections,  by  proportional  representation 64 

Suffrage  Committee  (Int.  No.  135;  Pr.  135). 
Constitutional  amendments,  submission  by  legislature.  ...        93 

Future  Amendments  Committee  (Int.  No.  234;  Pr. 
236). 
Home  rule,  cities,  villages,  counties 120,  175,     525 

Cities  Committee  (Int.  No.  313;  Pr.  535). 
Municipal  officers^  nomination 136,     417 

Cities  Committee  (Int.  No.  361 ;  Pr.  366). 
Lands  under  water,  regulation 189,     249 

Conservation  Commission  (Int.  No.  546;  Pr.  561). 
Legislative  drafting  bureau,  establishing 190,     216 

Legislative   Powers  Committee    (Int.    No.    547;   Pr. 
562). 
Franchises,  indeterminate,  prohibiting 190 

Legislative  Powers   Committee   (Int.   No.    548;   Pr. 
563). 
Lands  under  water,  grant,  regulating 190,     249 

Conservation  Commission  (Int.  No.  549;  Pr.  564). 
Political  subdivisions,  boundaries,  changing 206 

Cities  Committee  (Int.  No.  625;  Pr.  641). 
Pension  systems,  to  be  on  actuarial  basis 237,     250 

Civil  Service  Commission  (Int.  No.  683;  Pr.  703). 

Mr.   McKean. 

(Republican  —  Rensselaer.) 
(Corporations,  Banking  and  Insurance,  Civil  Service.) 

Forests,  commissioner  of,  fallen  timber,  etc. .  .  83,  135,  140,     360 

Conservation  Committee  (Int.  No.  207;  Pr.  208). 
Surrogates,  terms,  jurisdiction 158 

Judiciary  Committee  (Int.  No.  431;  Pr.  443). 
Classified  civil  service,  positions  in 209,     580 

Reported  adversely  (Int.  No.  641;  Pr.  657). 
Civil  service  employees,  10-year  service,  preference. .  .209,     580 

Reported  adversely  (Int.  642;  Pr.  658). 

Mr.  McKiarifEY. 

(Republican  —  Nassau  and  Suffolk.) 
(Taxation,  Prisons,  Education.) 

Senate,  succeeding  Senate  and  Assembly 38,     200 

Reported  adversely  (Int.  No.  41 ;  Pr.  41). 


INDEX  985 

PAGE 

Laws,  constitutionality,  determine 119 

Judiciary  Committee  (Int.  No.  306;  Pr.  310). 

Mb.  McLean. 

(Democrat  —  Kings.) 

(Public  Utilities,  Militia,  Printing.) 

Mb.  Mandeville. 
(Eepublican  —  "Chemung,  Schuyler,  Tioga  and  Tompkins.) 

(Education,  Public  Utilities,  Industrial  Interests.) 
Public  Service,  rates,  legislative  powers 69 

Public  Utilities  Committee  (Int.  No.  162;  Pr.  162). 
State  Charities  Board,  establishing,  powers 137 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
366;  Pr.  371). 
Court  of  claims,  constitutional  body 181 

Judiciary  Committee  (Int.  No.  515;  Pr.  527). 
Inferior  local  courts,  cities,  jurisdiction 196 

Judiciary  Committee  (Int.  No.  588;  Pr.  603). 
Bills,  legislative,  passage,  etc 196 

Legislative  powers  Committee  (Int.  No.  589  ;  Pr.  604). 
Court  of  Appeals,  abolishing 196 

Judiciary  Committee  (Int.  No.  590;  Pr.  605). 
Appellate  Division,  judges,  number,  laws,  constitutionality.     196 

Judiciary  Committee  (Int.  No.  591;  Pr.  606). 
Supreme  Court,  in  banc,  justices  sitting 196 

Judiciary  Committee  (Int.  No.  592;  Pr.  607). 

Mb.  Mann. 

(Democrat  —  Kings.) 

(Corporations,  Civil  Service.) 

Direct  tax  for  entire  cost  of  State  government 104,     250 

Finance  Committee  (Int.  No.  264;  Pr.  267.) 
Public  officials,  comp.  fixing,  changing  during  term. .  .104,     118 

176 
Civil  Service  Commission  (Int.  No.  265;  Pr.  268.) 
Appropriation  for  local  and  private  purposes,  prohibiting.     104 
Finance  Committee  (Int.  No.  266;  Pr.  269.) 

Crimes,  answering  for,  self-incrimination 104,     244 

Bill  of  Eights  Committee  (Int.  No.  267;  Pr.  270.) 


986  INDEX 

PAGE 

Juries,  waving,  verdict,  etc 104 

Bill  of  Eights  Committee  (Int.  No.  268;  Pr.  271.) 
Cities,  restricting  use  of  lands,  etc .  . . 109 

Bill  of  Rights  Committee  (Int.  No.  282;  Pr.  285.) 
Taxes,  licenses,  penalties,  collected  by  State  only 110 

Taxation  Committee  (Int.  No.  283;  Pr.  286.) 
Civil  service,  preference,  tribunals,  etc 110,     580 

Reported  adversely  (Int.  No.  284;  Pr.  287.) 
Elections,  absent  electors,  registration,  voting. .  .110,  294,     336 

340 

Suffrage  Committee  (Int.  No.  285;  Pr.  742.) 
Special  laws,  counties  in  New  York  City 141 

Cities  Committee  (Int.  No.  373;  Pr.  380.) 
Cities,  powers  of  self-government 141,     417 

Cities  Committee  (Int.  No.  374;  Pr.  381.) 

Mr.  Marshall. 

(Republican  —  At  Large.) 

(Bill  of  Rights   (Ch.),    Conservation,   Judiciary.) 

Stock  corporations,  election  of  directors 58,  344,     356 

Corporations  Committee  (Int.  No.  122;  Pr.  122.) 
Constitutional  amendments,  submitted  to  voters,  vote.  ...        66 
Future  Amendments  Committee   (Int.  No.   144;  Pr. 
144.) 
Constitution,  in  force  from  January  1,  1916.  .  .  .67,  451,     561 

574,     612 
Passed  (Int.  No.  145;  Pr.  145.) 

Pardon,  State  board  of,  providing  for 104,  162,     344 

Committee  of  the  Whole  (Int.  No.  269 ;  Pr.  771.) 

Mr.  F.  Martin. 

(Democrat  —  Bronx. ) 

(Bill  of  Rights,  Governor  and  Other  State  Officers,  Future 

Amendments.) 

First  judicial  department,  New  York,  Bronx  counties 150 

Judiciary  Committee  (Int.  No.  409;  Pr.  421.) 

Officials,  public,  removal,  review  of 166,     224 

County,  Town  and  Village  Officers  Committee  (Int. 
No.  460;  Pr.  472.) 

Criminal  charges,  eliminate  grand  jury 166,     204 

Bills  of  Rights  Committee  (Int.  No.  461;  Pr.  473.) 


INDEX  987 

PAGE 

Officials,  receiving  pension,  pay  of 179 

Governor  and  Other  State  Officers  Committee   (Int. 
No.  505;  Pr.   517.) 

Criminal   actions,    appeals 208 

Bill  of  Eights  Committee  (Int.  No.  636;  Pr.  652.) 

Me.  L.  M.  Martin. 

(Republican  —  Oneida.) 
(Legislative  Powers,   County,   Town  and  Village  Govern- 
ment. ) 

Counties,  erection,  government  county  managers,  etc.  .75,     525 
County,  Town  and  Village  Officers  Committee  (Int. 
No.  178;  Pr.  178.) 

Short  ballot,   attorney-general   deputies,   etc 75,     456 

Governor  and  Other  State  Officers  Committee   (Int. 
No.  179;  Pr.  179.) 

Business  corporations,  powers,  regulation  of,  etc 75,     345 

Corporations  Committee  (Int.  No.  180;  Pr.  180.) 

Labor  unions,  formation  of 75 

Industrial   Interests   Committee    (Int.    No.    181;   Pr. 
181.) 

Officers,  election  not  provided 121,     525 

County,  Town  and  Village  Officers  Committee  (Int. 
No.  319;  Pr.  323.) 

Mr.  Mathewson. 

(Republican  —  Kings.) 

(Taxation,  Public  Utilities. ) 

Mr.  Mealy. 

(Republican  —  Albany.) 
(  Suffrage,  Education. ) 

Motor  bus  lines,  franchises 192 

Public  Utilities  Committee  (Int.  No.  566;  Pr.  581.) 

Mr.  Meigs. 

(Republican  —  Franklin  and  St.  Lawrence.) 
(  Conservation,  Indians. ) 

Elections,  voting,  5  years  residence  in  U.  S 110 

Suffrage  Committee  (Int.  No.  287;  Pr.  290.) 


98S  INDEX 

PAGE 

Taxes,  local,  exemptions,  abolishing 120 

Taxation  Committee  (Int.  No.  318;  Pr.  322.) 

State  budget,  revenue  bill,  etc 158,     384 

Finance  Committee  (Int  No.  432;  Pr.  444.) 

Conservation,  state  board  of 158,     361 

Conservation  Committee  (Int.  No.  433;  Pr.  445.) 

Mr.  Mereness. 
(Republican  —  Fulton     and     Hamilton,     Herkimer     and 

Lewis.) 

(County,  Town,  Village  Officers  (Ch.),  Printing.) 

Municipal  elections,  money  propositions,  vote 37 

Suffrage  Committee  (Int.  No.  35;  Pr.  35.) 

Public  officers,  pay,  change  of  during  term. 37 

Committee  discharged.     Killed  (Int.  No.  36;  Pr.  36.) 
Public  officials,  etc.,  extra  compensation  prohibiting.  .142,     153 
Legislative  Powers  Committee    (Int.    No.    379;    Pr. 
386.) 

Officials,  pay,  extra  compensation,  etc 142,     155 

Legislative  Powers  Committee   (Int.   No.    380;    Pr. 
387.) 

Mr.  Mulry. 

(Democrat  —  New  York.) 

(Banking  and  Insurance,  Contingent  Expenses,  Charities.) 

Mr.  Newburger. 

(Democrat  —  New  York.) 

(Suffrage,  Charities,  Revision.) 

Land  registration  court,  establishing 58 

Judiciary  Committee  (Int.  No.  119;  Pr.  119.) 
Election  boards,  appointment,  election,  etc 91 

Suffrage  Committee  (Int.  No.  226;  Pr.  228.) 
District  attorneys,  New  York,  Kings,  terms,  etc 92 

County,  Town,  Village  Officers  Committee  (Int.  No. 
227;  Pr.  229.) 
Special  sessions,  courts  abolishing 164 

Judiciary  Committee  (Int.  No.  447;  Pr.  459.) 
Special  sessions,  courts,  jurisdiction 164 

Judiciary  Committee  (Int.  No.  448;  Pr.  460.) 


INDEX  989 

Me.  C.  Nicoll.  PAGE 

(Republican  —  New  York.) 
(Cities,    Industrial   Interests,    Governor   and   Other   State 

Officers. ) 

Supreme  Court  justices,  Governor  appointing 58 

Judiciary  Committee  (Int.  No.  123;  Pr.  123.) 

Supreme  Court  justices,  term 58 

Judiciary  Committee  (Int.  No.  124;  Pr.  124.) 

Short  ballot,  State  officers  appointed 58,     456 

Governor  and  Other   State  Officers  Committee   (Int. 
No.  125;  Pr.  125.) 

Court  of  Appeals,  judges,  to  be  appointed 82 

Judiciary  Committee  (Int.  No.  198;  Pr.  199.) 

Civil  service,  preference,  veterans,  etc 157,  227,  580,     626 

Reported  adversely  (Int.  No.  427;  Pr.  439.) 

Senators,  assemblymen,  reducing  number 207 

Legislative  Organization   Committee   (Int.   No.    626; 
Pr.  642.) 

Mr.  D.  Nicoll. 

(Democrat  —  New  York.) 

(Judiciary,  Finance,  Rules.) 

Me.  'Nixon. 

(Republican  —  Erie.) 

(Taxation,  Printing,  Civil  Service.) 

Electors,  absent,  right  to  vote 47,  294,  336,     340 

Suffrage  Committee  (Int.  No.  91;  Pr.  742.) 

Taxes,  religious,  cemetery  property  not  exempt 47 

Taxation  Committee  (Int.  No.  92;  Pr.  92.) 

English  text-books,  schools,  exclusive  use 213 

Education  Committee  (Int.  No.  666;  Pr.  682.) 

Mr.  Nye. 

(Republican — Chemung,  Schuyler,  Tioga  and  Tompkins.) 

(Suffrage,  Public  Utilities.) 

Law,  practice,  county  judge,  surrogate 181 

Judiciary  Committee  <Int.  No.  514;  Pr.  526.) 


990  INDEX 

Mr.  J.  L.  O'Brian.  page 

(Republican —  At  Large.) 
(County,  Town,  Village  Government  (Ch.),  Eules  (Ch.), 

Cities.) 

Home  rule,  cities  and  villages 106,  156,     417 

Cities  Committee  (Int.  No.  280;  Pr.  283.) 

Mr.  M.  J.  O'Brien. 

(Democrat  —  New  York.) 

(Bill  of  Eights,  Library  and  Information,  Conservation.) 

Senators,  maximum  to  any  county 231,  258,  262,  265,     267 

Adverse  report  adopted  (Int.  No.  673;  Pr.  722.) 

Mr.  O'Connor. 

(Democrat  —  Erie.) 

(Bill  of  Bights,  Canals,  Industrial  Relations.) 

Superintendent  of  banks,  insurance,  public  service  commis- 
sioners, election   123 

Governor  and  Other  State  Officers  Committee   (Int. 
No.  332;  Pr.  336.) 

Bills,   passage,   emergency  message 197,     216 

Legislative  Powers  Committee   (Int.    No.    601;    Pr. 
616.) 
Workmen's  compensation  commission,    labor    department, 

separate 197 

Industrial   Interests   Committee    (Int.   No.    602;   Pr/ 
617.) 

Workmen's  compensation,  State  insurance 197 

Industrial   Interests  Committee    (Int.    No.    603;   Pr. 
618.) 

Mr.  Olcott. 

(  Republica n  —  New   York. ) 

(Bill  of  Rights,  Legislative  Powers,  Public  Utilities.) 

General  sessions  court,  New  York  city,  abolishing 28 

Judiciary  Committee  (Int.  No.  7;  Pr.  7.) 
Civil  service,  veterans,  preference 36,  580,  650,     656 

Reported  adversely  (Int.  No.  29;  Pr.  29.) 
Public  utilities  commissions 96,   162,  253,     339 

Public  Utilities  Committee  (Int.  No.  249;  Pr.  718.) 


INDEX  991 

Mr.   Ostrander.  page 

(Republican  —  Saratoga   and   Washington.) 
(Taxation,  Prisons,  Revision.) 

Judicial  officers,  qualifications,  practice  of  law,  etc 105 

Judiciary  Committee  (Int.  No.  273;  Pr.  276.) 

Claims  against  State,  determination  of 120 

Judiciary  Committee  (Int.  No.  316;  Pr.  320.) 

City  bills,  return  to  legislature 193 

Cities  Committee  (Int.  No.  568;  Pr.  583.) 

Mr.    Owen. 

(Republican — Clinton,  Essex  and  Warren.) 

(Suffrage,  Prisons.) 

Mr.  Parker. 
(Republican — Chemung,    Schuyler,    Tioga     and     Tomp- 
kins. ) 
(County,  Town  and  Village  Officers,  Militia.) 

Mr.  Parmenter. 

(Republican — Ontario,  Wayne  and  Yates.) 

(Industrial  Interests,  Charities,  County,  Town  and  Village 

Government.) 

Charities  and  Correction,  department  of 196,  224,     239 

Charities  Committee  (Int.  No.  593;  Pr.  608.) 

County  officers,  election,  terms 196 

County,  Town,  Village  Officers  Committee  (Int.  No. 
594;  Pr.  609.) 

Local  courts,  abolishing,  except  in  New  York  city,  etc.  .  .      196 
Judiciary  Committee  (Int.  No.  595;  Pr.  610.) 

Mr.  Parsons. 

(Republican  —  At  Large.) 

(Industrial  Interests  (Ch.),  Finance,  Rules.) 

Testifying  against  self,  criminal  cases 28 

Bill  of  Rights  Committee  (Int.  No.  5;  Pr.  5.) 

Loans,  State,  municipal,  proceeds,  use  of 28 

Finance  Committee  (Int.  No.  6;  Pr.  6.) 


992  INDEX 

PAGE 

State  department  of  industry,  industrial  board,  5  members.     105 

236 

Industrial  Interests  Committee  (Int.    No.    270;    Pr. 
273.) 
Elections,  residence,  registration,  etc 110,     115 

Suffrage  Committee  (Int.  No.  286;  Pr.  298.) 
Workmen's  compensation,  laws,  enacting.  .  .149,  248,  440,     442 

Committee  of  the  Whole  (Int.  No.  405;  Pr.  417.) 
Workmen's  compensation  laws,  etc 150 

Industrial   Interests   Committee    (Int.   No.   406;   Pr. 
418.) 
Manufacturing  in  dwellings.  .150,  333,  346,  628,  635,  645,     646 

Passed  (Int.  No.  407;  Pr.  864.) 
Workmen's  compensation,  State  insurance,  etc 150,     248 

Industrial  Interests    Committee  (Int.  No.  408;    Pr. 
420.) 
Judges,  separate  elections  for 179 

Judiciary  Committee  (Int.  No.  499;  Pr.  511.) 
Condemnation  excess,  public  improvement 179,     218 

Bill  of  Right  Committee  (Int.  No.  500;  Pr.  512.) 
Legislators,  civil  appointment,  U.  S.  Senate 179 

Legislative  Organization   Committee   (Int.   No.    501 ; 
Pr.  513.) 
/forests,  timber,  regulation  by  State 189 

Conservation  Committee  (Int.  No.  543;  Pr.  558.) 
Court  of  Appeals,  opinion,  proposed  statutes 189 

Judiciary  Committee  (Int.  No.  544;  Pr.  559.) 
Industrial    Council,    establishing 189 

Industrial   Interests   Committee    (Int.    No.    545;   Pr. 
560.) 
Bills,  final  passage,  calling  roll 207 

Legislative  Powers    Committee   (Int.   No.   628;    Pr. 
644.) 
State  sinking  funds,   income  from 207 

Finance  Committee  (Int.  No.  629;  Pr.  645.) 
Estimates,  budget,  Governor  to  submit  to  Legislature.. 2 07,     384 

Finance  Committee  (Int.  No.  630;  Pr.  646.) 


INDEX  993 

Me.  Pelletreau.  paqe 

(Republican  —  Nassau   and   Suffolk.) 
(Finance,  Governor  and  Other  State  Officers.) 

Legislators,  terms  of,  increasing 73 

Legislative  Organization   Committee    (Int.   No.    166; 
Pr.  166). 

Legislature,  biennial  sessions 73 

Legislative   Organization   Committee    (Int.   No.    167; 
Pr.  167). 

Appropriation  bills,  local,  originating  in  Assembly 73 

Finance  Committee,  (Int.  No.  168;  Pr.  168). 

Juries,  of  six,   waiving,  etc.,  verdict 80 

Bill  of  Rights  Committee  (Int.  No.  188;  Pr.  189). 
State  budgets,  preparing;  Governor's  salary,  etc.  .91,  156,     383 
Finance  Committee  (Int.  No.  221;  Pr.  223). 

Short  ballot,  State  officers,  appointing 91,     456 

Governor  and  Other  State  Officers  Committee   (Int. 
No.  222;  Pr.   224). 

State  officers,  seats  in  Legislature 91,     125 

Governor  and  Other  State  Officers  Committee   (Int. 
No.  223;  Pr.  225). 

Mr.  J.  S.  Phillips. 

(Republican  —  Livingston  and  Steuben.) 

(Library  and  Information  (Ch.),  Legislative  Powers,  Bank- 
ing and  Insurance.) 

Mr.  S.  K.  Phillips. 

(Republican  —  Columbia,  Dutchess  and  Putnam.) 

(Contingent  Expenses    (Ch.),    Education,   Civil   Service.) 

Civil  service,  preferences,  volunteer  firemen,  veterans.  .45,     580 
Reported  adversely  (Int.  No.  77;  Pr.  77). 

Mr.  Potter. 

(Democrat  —  New  York.) 
(Finance,  Public  Utilities,  Education.)    f 
32 


994  INDEX 

Mr.   Quigg.  page 

(Republican  —  Columbia,  Dutchess  and  Putnam.) 
(Legislative  Organization,  County,  Town  and  Village  Gov- 
ernment, Revision.) 

Witness  against  self,  criminal  cases 45 

Bill  of  Rights  Committee  (Int.  No.  76;  Pr.  76). 

Civil  service,  appointment,  promotion 64,     580 

Reported  adversely  (Int.  No.  138;  Pr.  138). 

Prize  fighting,  prohibiting  laws  for 65 

Legislative  Powers  Committee  (Int.  No.  139;  Pr.  139). 

Veterans  civil  service,  preference,  abolish 180,     580 

.Reported  adversely  (Int.  No.  508;  Pr.  520). 

Libel,  reparative  publicity 231 

Bill  of  Rights  Committee  (Int.  No.  677;  Pr.  694). 

Mil.  Reeves. 

(Republican  —  Kings.) 

(Bill  of  Rights,  Public  Utilities.) 

Probate  division,  Supreme  Court,  establish 27 

Judiciary  Committee  (Int.  No.  1;  Pr.  1). 
Land  division,  Supreme  Court,  establish 27 

Judiciary  Committee  (Int.  No.  2;  Pr.  2). 
Courts,  special,  limited  jurisdiction,  eliminate,  etc 103 

Judiciary  Committee  (Int.  No.  262;  Pr.  265). 
Judicial  power,  reorganize 119 

Judiciary  Committee  (Int.  No.  308;  Pr.  312). 
Superintendent  of  records,  certain  counties 164 

County,    Town   and   Village   Government   Committee 
(Int.  No.  444;  Pr.  456). 
Surrogates,    powers,   jurisdiction 177 

Judiciary  Committee  (Int.  No.  487;  Pr.  499). 
Land  division,  Supreme  Court 187 

Judiciary  Committee  (Int.  No.  527;  Pr.  542). 

Mr.  Rhees. 

(Republican  —  Monroe.) 

(Civil  Service  (Ch.),  Governor  and  Other  State  Officers, 

Conservation. ) 

Liquors,  damage  by  intoxicated  person 144 

Bill  of  Rights  Committee  (Int.  No.  390;  Pr.  397). 


INDEX  995 

PAGE 

State  Civil  Service  Commission,  providing  for.  .212,  216,  580 
Keported  adversely  (Int.  No.  657;  Pr.  673). 

State  Civil  Service  Commission,  powers,  etc.  . .  .212,  216,  580 
Keported  adversely  (Int.  No.  658;  Pr.  674). 

Me.  Richards. 

(Democrat  —  Richmond  and  Rockland.) 

(Banking   and    Insurance,    Civil    Service,    Privileges   and 

Elections.) 
Legislature,  biennial  session,  terms,  members,  etc 36 

Legislative    Organization    Committee    (Int.    No.    30 ; 

Pr.  30). 

Mr.   Rodenbeck. 
(Republican  —  At  Large.) 
(Revision    (Ch.),    Judiciary,    Library   and   Information.) 
Court  rules,  providing,  etc 75 

Judiciary  Committee  (Int.  No.  183;  Pr.  183). 
Legislative  bills,  approval  legislative  counsel 76,     125 

Legislative  Powers  Committee  (Int.  No.  184;  Pr.  1S4). 
Judiciary  counsel,  designation  by  Appellate  Division,  etc.  .       76 

Judiciary  Committee  (Int.  No.  185;  Pr.  185). 
Laws,  classification,  indexing,  etc 105 

Judiciary  Committee  (Int.  No.  277;  Pr.  280). 
Juries,  eliminating  certain  cases,  etc 106 

Bill  of  Rights  Committee  (Int.  No.  278;  Pr.  281). 
Appellate  Courts,  to  take  evidence,  etc 130 

Judiciary  Committee  (Int.  No.  352;  Pr.  356). 
Water,  water  power,  use  of,  regulating 168,  232,     249 

Conservation  Committee  (Int.  No.  475;  Pr.  487). 
County  courts,  jurisdiction  of. 168 

Judiciary  Committee  (Int.  No.  476;  Pr.  488). 

Mr.  Root. 
(Republican  —  At  Large.) 

Mr.  Rosch. 

(Republican  —  Orange  and  Sullivan.) 

(Corporations,  County,  Town  and  Village  Officers.) 

Impeachment  Court,  members  of,  etc 64 

Judiciary  Committee  (Int.  No.  137;  Pr.  137). 


996  INDEX 

PAGE 

Strikes,  lockouts,  etc.,  regulation  by  Legislature 82,       94 

Industrial  Interests   Committee   (Int.   No.    203;   Pr. 
204). 

Prison  commission,  change  name 180,     239 

Prison  Committee  (Int.  No.  507;  Pr.  519). 

County  judges,  surrogates,  salaries 192 

Judiciary  Committee  (Int.  No.  562;  Pr.  577). 

Mb.  Ryan. 

(Democrat  —  Queens.) 

(Banking  and  Insurance,  Taxation.) 

Magistrates,  inferior  court  judges,  removal 119 

Judiciary  "Committee  (Int.  No.  307;  Pr.  311). 

Streets,  etc.,  open,  grade,  damages 121 

Bill  of  Rights  Committee  (Int.  No.  322;  Pr.  326). 

Me.  Ryder. 

(Republican —  Columbia,  Dutchess  and  Putnam.) 

(Taxation,  Education,  County,  Town  and  Village  Officers.) 

Mb.  Sanders. 
(Republican  —  Erie.) 
(Cities,  Public  Utilities.) 

Optional  city  and  village  government  plans 76,     417 

Cities  Committee  (Int.  No.  187;  Pr.  187). 

Officers,  election  not  provided  for 83 

County,    Town   and   Village   Government   Committee 
(Int.  No.  210;  Pr.  211). 

Highway  funds,  reapportioning 169 

Public  Utilities  Committee  (Int.  No.  478;  Pr.  490). 

Debt  limit,  first  class  cities,  water  supply .213,     431 

Cities  Committee  (Int.  No.  665;  Pr.  681). 

Mb.  Sabgent. 
(Republican  —  Kings.) 
(Charities,  Education.) 

Voting,  compulsory 91 

Suffrage  Committee  (Int.  No.  225;  Pr.  227). 

Appellate  Division,  special,  trial  terms,  designating,  etc. ...  119 
Judiciary  Committee  (Int.  No.  311;  Pr.  315). 


INDEX  997 

PAGE 

Court  procedure,  commission  to  revise 157 

Judiciary  Committee  (Int.  No.  425;  Pr.  437). 

Monopolies,  laws  to  prohibit 178,     345 

Legislative  Powers  Committee  (Int.  No.  492;  Pr.  504). 

Me.  J.  G.  Saxe. 

(Democrat  —  New  York.) 

(Legislative  Powers,  Suffrage,  Conservation.) 

State  convention,  nominations;  registration 27,  72,     162 

243,  272,  294,     303 
Committee  of  the  Whole  (Int.  No.  4;  Pr.  729). 

Claims  against  State,  approval,  delegating  power 84,     221 

286,  289,  335,     615 
Legislative   Powers   Committee    (Int.    No.    214;    Pr. 
738). 

Witness  against  self,  criminal  cases 92 

Bill  of  Eights  Committee  (Int.  No.  232 ;  Pr.  234). 

Juries,  waiving,  number  of,  verdict,  etc 93 

Bill  of  Bights  Committee  (Int.  No.  233;  Pr.  235). 

State  budget,  appropriation  bills,  etc 166,  204,     384 

Finance  Committee  (Int.  No.  458;  Pr.  470). 
Executive  branch,  State  government,  reorganizing.  .  .  .179,     199 

218,  384,     456 
Governor  and  Other  State  Officers  Committee  (Int.  No. 
No.  498;  Pr.  510). 

Executive  branch  State  government,  reorganizing 189,     204 

227,  384,     456 
Governor  and  Other  State  Officers  Committee  (Int.  No. 
540;  Pr.  555). 
State  government,  executive  branch,  reorganizing.  .  .  .272,     456 
Governor  and  Other  State  Officers  Committee  (Int.  No. 
694;  Pr.  727). 

Mr.  M.  Saxe. 

(Republican  —  New  York.) 

(Taxation   (Ch.),  Legislative  Organization.) 

Officers,  local,  election  not  provided  for 67,     107 

County,  Town  and  Village  Officers  Committee  (Int. 
No.  146;  Pr.  146). 

Civil  Service  employees  pension  system 116 

Civil  Service  Committee  (Int.  No.  297;  Pr.  301). 


998  INDEX 

PAGE 

Tax  officials,  election,  appointment 142,     152 

County,  Town  and  Village  Officers  Committee  (Int. 
No.  378;  Pr.  385). 

New  York  City,  Buffalo,  public  franchise,  condemn 231 

Cities 'Committee  (Int.  No.  674;  Pr.  691). 

MlR.    ScHOONHUT. 

(Democrat  —  Erie.) 
(County,  Town  and  Village  Government,  Indians.) 

Me.  Schurman. 

(Republican  —  At  Large.) 

(Education  (Cb.),  Bill  of  Rights,  Legislative  Powers.) 

Public  Service  Commission,  two  districts 69,  162,     339 

Public  Utilities  Committee  (Int.  No.  161;  Pr.  161). 

Senators,  reducing  number,  increase  terms.  .  .  105,  200,  255,     276 
Legislative  Organization  Committee  (Int.  No.  276;  Pr. 
279). 

Education  of  children  a  State  function 81,     303 

Education  Committee  (Int.  No.  513;  Pr.  525). 

Mr.  Sears. 

(Republican  —  Erie.) 

(Judiciary,  Contingent  Expenses.) 

Courts,  limited  jurisdiction,  cities,  uniform 138 

Judiciary  Committee  (Int.  No.  367;  Pr.  372). 

Criminal  charges,  procedure,  rights,  etc 138 

Bill  of  Rights  'Committee  (Int.  No.  368;  Pr.  373). 

Jury  trial,  waiving,  criminal  cases 138 

Bill  of  Rights  Committee  (Int.  No.  369;  Pr.  374). 

County  officers,  election,  terms 198 

County,    Town   and   Village   Government   Committee 
(Int.  No.  606;  Pr.  621). 

Judges,  Governor  to  nominate  candidate 198 

Judiciary  Committee  (Int.  No.  607;  Pr.  622). 

Appeals,  supreme  court  judges,  time  of  electing 213 

Judiciary  Committee  (Int.  No.  664;  Pr.  680). 

Mk.   Sharpe. 
(Republican — Greene  and  Ulster.) 
(County,  Town  and  Village  Government,  Future  Amend- 
ments, Contingent  Expenses.) 


INDEX  999 

Mb.  Sheehan.  page 

(Democrat  —  New  York.) 
(Legislative  Powers,  Kules,  Judiciary.) 

Court  of  appeals,  reorganizing,  appointive  judges 30 

Judiciary  Committee  (Int.  No.  26;  Pr.  26). 
Senatorial  districts,  altering 92 

Legislative  Organization   Committee   (Int.   No.   231 ; 
Pr.  233). 

Mr.  Shipman. 

(Democrat  ■ —  New  York.) 

(Cities,  Education,  Indians.) 

Laws,  constitutionality  of,  determining 67 

Judiciary 'Committee  (Int.  No.  147;  Pr.  147). 
Public  defenders,  counties,  election,  etc 86 

County,  Town  and  Village  Officers  Committee  (Int. 
No.  218;  Pr.  219). 
State  Hospital  Commission 128 

Charities  Committee  (Int.  No.  344;  Pr.  348). 
Court  of  Appeals,  vacancies,  filling 179 

Judiciary  Committee  (Int.  No.  502;  Pr.  514). 
Supreme  Court,  vacancies,  filling 179, 

Judiciary  Committee  (Int.  No.  503;  Pr.  515). 
Corporations,  action  by  or  against 179,     345 

Corporations  Committee  (Int.  No.  504;  Pr.  516). 

Mr.  Slevin. 

(Democrat  —  Bronx.) 

(Finance,  County,  Town  and  Village  Government.) 

Jurors,  religious  beliefs  of 74 

Bill  of  Rights  Committee  (Int.  No.  173;  Pr.  173). 

Mr.  A.  E.  Smith. 

(Democrat  —  New  York.) 

(Legislative  Organization,  Legislative  Powers,  Industrial 

Interests.) 

Minimum  wage  laws,  permitting 81,  162,  435,  657,     658 

Committee  of  the  Whole  (Int.  No.  193  ;  Pr.  791). 

Employees,  protecting,  laws  for 81,  223,  331,     346 

Committee  of  the  Whole  (Int.  No.  194;  Pr.765). 


1000  INDEX 

PAGE 

Manufacturing,  in  dwellings,  limiting 81,     333 

Industrial  Interests   Committee   (Int.   No.    195;   Pr. 
196). 
Employees,  laws  for,  commission  for,  etc 81,     248 

Industrial   Interests   Committee    (Int.   No.    196 ;   Pr. 
197). 
Elections,  absent  railroad  employees 96,  294,  336,     340 

Suffrage  Committee  (Int.  No.  247;  Pr.  742). 
Appropriation  bills,  passage,  etc 127,  232,     233 

Finance  Committee  (Int.  No.  338;  Pr.  342). 
Claims  vs.  State,  contract  debts,  accrual 127 

Finance  Committee  (Int.  No.  339 ;  Pr.  343). 
Public  improvements,  serial  bonds  for,  etc 128 

Finance  Committee  (Int.  No.  340;  Pr.  344). 
Appropriations,  desired,  statement,  transmitting.  .128,  224,     383 

Finance  Committee  (Int.  No.  341;  Pr.  345). 
Assemblymen,  districts,  reapportion 130 

Legislative  Organization   Committee    (Int.   No.    355; 
Pr.  359). 
Taxation,  municipal  property 178,     279 

Committee  of  tbe  Whole  (Int.  No.  493;  Pr.  733). 
Schools,  denominational,  State  aid 188 

Education  Committee  (Int.  No.  537;  Pr.  552). 
Civil  service,  eligibility. 569 

Civil  Service  Committee  (Int.  No.  723;  Pr.  840). 

Mk  E.  N.  Smith. 

(Republican  —  Jefferson  and  Oswego.) 

(Governor  and  Other  State  Officers,  Cities,  Conservation.) 

Forest  preserve,  cutting  timber,  revenues,  etc 46,     360 

Conservation  Committee  (Int.  No.  84;  Pr.  84). 

State  officers,  reorganizing 46,  217,  227,     456 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
85;  Pr.  85). 

State  departments,  reorganizing 46,  223,     227 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
86;  Pr.  86). 

Governor,  Lieutenant  Governor,  4-year  terms 46 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
87;  Pr.  87). 


INDEX  1001 

PAGE 

Inferior  local  courts,  jurisdiction 54 

Judiciary  Committee  (Int.  No.  106;  Pr.  106), 
Legislature,  extra  session,  annual  budget,  etc 68 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
156;  Pr.  156). 
Appropriation  bills,  Governor's  veto  power 68 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
157;  Pr.  157). 
Fiscal  year,  fixing,  appropriation  of  1916,  term  of 68,     383 

Finance  Committee  (Int.  No.  158;  Pr.  158). 
Governor,  impeachment,  powers  pending  trial 94 

Judiciary  Committee  (Int.  No.  241;  Pr.  243). 
Governor,  impeachment,  Lieutenant  Governor  to  act 94 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
242;  Pr.  244). 
Inferior  local  courts,  territorial  jurisdiction 117 

Judiciary  Committee  (Int.  No.  301;  Pr.  305). 
Home  rule,  cities 181,  261,  417,     525 

Cities  Committee  (Int.  No.  511;  Pr.  724). 
Water  power,  storage,  lands  for 181 

Bill  of  Rights  Committee  (Int.  No.  512;  Pr.  524) 
Stock  corporations,  directors'  elections,  voting 210,     345 

Corporations  Committee  (Int.  No.  648;  Pr.  664). 
State,  municipal  bonds,  serial 210 

Finance  Committee  (Int.  No.  649;  Pr.  665). 

Mb.  R.  B.  Smith. 

(Republican  —  Onondaga.) 

(Legislative  Organization,  Canals,  Indians.) 

Forest  preserve,  camp  sites,  roads,  etc 37,     360 

Conservation  Committee  (Int.  No.  37;  Pr.  37). 
Bi-partisan  election  boards,  regulating 37 

Suffrage  Committee  (Int.  No.  38;  Pr.  38). 
Drainage  of  lands,  local  bills  for,  prohibition 39 

Legislative  Powers  Committee  (Int.  No.  54;  Pr.  54). 
Private  property,  taking  for  drainage 40,  146,     147 

Bill  of  Rights  Committee  (Int.  No.  55;  Pr.  407). 
Court  of  Claims,  composition,  pay 40 

Judiciary  Committee  (Int.  No.  56;  Pr.  56). 


1002  INDEX 

PAGE 

State  officers,  term  during  Governor's  pleasure 55,     456 

Governor  and  Other  State  Officers   Committee   (Int. 
No.  Ill;  Pr.  111). 
Legislative  bills,  final  passage,  vote  on 55 

Legislative  Powers  Committee  (Int.  No.  112;  Pr.  112). 
Elections,  paper  ballots  only 55 

Suffrage  Committee  (Int.  No.  113;  Pr.  113). 
Legislators,  receiving  other  appointments 59 

Legislative  Organizations  Committee  (Int.  No.   130; 
Pr.  130). 
Impeachment,  judges,  State  officers 65 

Judiciary  Committee  (Int.  No.  141;  Pr.  141). 
Tax,  direct,  partial  veto  by  Governor 83,     155 

Finance  Committee  (Int.  No.  211;  Pr.  212). 
Elections,  paper  ballots  only,  straight  ticket 84,     273 

Suffrage  Committee  (Int.  No.  212;  Pr.  730). 
Cities,  villages,  creation,  government.  .97,  259,  359,  417,     447 

Cities  Committee  (Int.  No.  254;  Pr.  797). 
Judicial  officers,  qualifications 97 

Judiciary  Committee  (Int.  No.  255;  Pr.  258). 
Laws,  must  be  complete  in  themselves 105,  239,  278,     302 

Legislative  Powers  Committee  (Int.  No.  275;  Pr.  700). 
Supervisors,  delegation  of  powers  to 110,     525 

County,    Town   and   Village    Government   Committee 
(Int.  No.  288;  Pr.  291). 

Officials,  extra  compensation,  prohibiting 110,  153,     221 

281,  287,  302,  452,  507,  511,     520 

Passed  (Int.  No.  289;  Pr.  800). 

Legislature,  quorum,  temporary  presiding  officer Ill,     132 

239,  274,  288,  575,  600,     604 

Passed  (Int.  No.  290;  Pr.  841). 

Legislature,  extra  sessions,  calling,  etc Ill,  279,  303,     358 

452,  508,  511,  521,  535,  584,     585 

Passed  (Int.  No.  291;  Pr.  819). 
Direct  State  tax  laws,  contents 117,     235 

Finance  Committee  (Int.  No.  303;  Pr.  307). 
Appropriations,  bill  to  specify  object,  etc 122,  153,     215 

Finance  Committee  (Int.  No.  326;  Pr.  330). 

Governor,  vacancy,  impeachment 143,  295,  406,     579 

600,     605 

Passed  (Int.  No.  385;  Pr.  846). 


INDEX  1003 

PAGE 

Governor,  Speaker,  succession  to  office  of ,  etc 143 

Governor  and  Other  State  Officers  Committee   (Int. 
No.  386;  Pr.  393). 
County  courts,  jurisdiction,  regulating 151 

Judiciary  Committee  (Int.  No.  414;  Pr.  426). 
Public  works,  superintendent  of,  abolishing 159 

Governor  and  Other  State  Officers  Committee   (Int. 
No.  434;  Pr.  446). 
County  officers,  New  York  City,  terms,  removal.  .159,  203,     468 

County,  Town  and  Village  Officers  Committee  (Int. 
No.  435;  Pr.  447). 
Prisons,  State  superintendent  of,  abolish 159,     456 

Prisons  Committee  (Int.  No.  436;  Pr.  448). 
Revenue  bonds,  anticipation  of  taxes 159 

Finance  Committee  (Int.  No.  437;  Pr.  449). 
State  debts,  serial  bonds  for 167 

Finance  Committee  (Int.  No.  469;  Pr.  481). 
Funded  debts,  maturity,  etc 167,     230 

Cities  Committee  (Int.  No.  470;  Pr.  482). 
Education  boards,  cities,  appointing 168 

Education  Committee  (Int.  No.  471;  Pr.  483). 
Private,  local  bills,  constitutionality  of 194,     295 

Committee  of  the  Whole  (Int.No.  579;  Pr.  743). 
Banking,  moneyed  corporations,  regulation 194,     345 

Legislative  Powers  Committee  (Int.  No.  580;  Pr.  595) 
Stock  exchanges,  boards,  etc.,  supervision 195,     341 

Legislative  Powers  Committee  (Int.  No.  581;  Pr.  596) 
Weighing,  etc.,   regulation,  offices  for 195,     214 

Industrial  Interests  Committee  (Int.  No.  582;  Pr.  597) 
Financial  management  of  State  institutions 195 

Governor  and  Other  State  Officers  Committee   (Int. 
No.  583;  Pr.  598). 
Laws  revising,  Commission  on 195 

Legislative  Powers  Committee  (Int.  No.  584;  Pr.  599) 
Civil  actions,  procedure,  rules  for 238,     259 

Judiciary  Committee  (Int.  No.  690;  Pr.  720). 

Mb.  T.  F.  Smith. 

(Democrat  —  New  York.) 

(Cities,  Charities.) 

Election  laws,  uniform 165 

Suffrage  Committee  (Int.  No.  456;  Pr.  468). 


1004  INDEX 

PAGE 

Taxation,  local,  State  property  exempt 178 

Taxation  Committee  (Int.  No.  496;  Pr.  508). 

Elections,  laws,  bi-partisan  boards,  etc 178 

Suffrage  Committee  (Int.  No.  497;  Pr.  509). 

Mr.  Stanchfield. 

(Democrats — New  York.) 

(Judiciary,  Finance,  Library  and  Information.) 

Mr.  Standart. 

(Kepublican  —  Erie.) 

(County,  Town  and  Village  Officers,  Taxation.) 

Legislators,  terms,  salaries,  biennial  sessions 47 

Legislative  Organization  Committee  (Int.  No.  93;  Pr. 
93). 

Constitutional  amendments  referred  by  Legislature,  vote.  .       47 
Future  Amendments  Committee  (Int.  No.  94;  Pr.  94) 

Mr.  Steinbrink. 
(Republican  —  Kings.) 
(Taxation,  Judiciary.) 

Condemnation  commissioners,  abolish 36 

Bill  of  Eights  Committee  (Int.  No.  27;  Pr.  27). 
Voting,  absentee,  registration,  laws  for. 38,  293,  294,  336,     340 

Suffrage  Committee  (Int.  No.  42;  Pr.  742). 
Supreme  Court  justice,  designation  to  succeed  self 44 

Judiciary  Committee  (Int.  No.  64;  Pr.  64). 
Supreme  Court  justices,  number  in  any  district 44 

Judiciary  Committee  (Int.  No.  65;  Pr.  65). 
Supreme  Court  justices,  compensation 44 

Judiciary  Committee  (Int.  No.  66;  Pr.  66). 
Civil  service,  competitive,  removal,  etc 66,     580 

Reported  adversely  (Int.  No.  142;  Pr.  142). 
Referees,  official,  restricting 81 

Judiciary  Committee  (Int.  No.  189;  Pr.  190). 
New  York  City,  county  courts,  merging 86 

Judiciary  Committee  (Int.  No.  215;  Pr.  216). 
Appellate  Division,  justices,  powers,  etc 127 

Judiciary  Committee  (Int.  No.  336;  Pr.  340). 


INDEX  1005 

PAGE 

State  Commission  in  Lunacy 141,  410,  540,  552,     596 

Passed  (Int.  No.  371;  Pr.  827). 
Judges,  surrogates,  age  limit 169 

Judiciary  Committee  (Int.  No.  481;  Pr.  493). 
Civil  service  removal,  etc 187,     580 

Keported  adversely  (Int.  No.  528;  Pr.  543). 
Navigation,  improvement,  taking  property  for 205,     230 

Bill  of  Eights  Committee  (Int.  No.  617;  Pr.  633). 
Pensions,  civil  employees,  when  forfeiting 205 

Governor  and   Other  State  Officers  Committee   (Int. 
No.  618;  Pr.  634). 
State,  municipal  property,  tax  exemption 206 

Taxation  Committee  (Int.  No.  619;  Pr.  635). 
Taxes,  equal,  uniform  throughout  State 206 

Taxation  Committee  (Int  No.  620;  Pr.  636). 
New  York  City  municipal  court,  continuing 206 

Judiciary  Committee  (Int.  No.  621;  Pr.  637). 

Me.  Stimson. 

(Kepublican — At  Large.) 

(State  Finances  (Ch.),  Governor  and  Other  State  Officers, 

Judiciary.) 

Judges,  nomination  by  Governor . 189,     215 

Judiciary  Committee  (Int.  No.  541;  Pr.  556). 

Inferior  local  courts,  jurisdiction 189 

Judiciary  Committee  (Int.  No.  542;  Pr.  557). 

Me.  Stowell. 

(Republican  —  Jefferson  and  Oswego.) 
(Suffrage,  Charities.) 

Me.  Tanneb. 

(Republican  —  New  York.) 

(Governor    and    Other    State    Officers    (Ch.),    Legislative 

Powers.) 

Appropriation  bills,  Governor,  reduce 128 

Finance  Committee  (Int.  No.  343;  Pr.  347). 

Governor,  bills,  signing,  time  of 136,     291 

Committee  of  the  Whole  (Int.  No.  360;  Pr.  740). 


1006  INDEX 

PAGE 

Legislators,  terms,  doubling,  short  session,  etc 166 

Legislative  Organization   Committee   (Int.   No.   459; 
Pr.  471). 

Claims,  private  or  local  bills  for 190,  279,  335,     615 

Legislative  Powers  Committee  (Int.  No.  550;  Pr.  732). 

Governor,  power  of  removal 206 

Governor  and  Other  State  Officers  Committee   (Int. 
No.  623;  Pr.  639). 

Me.  Tieeney. 

(Republican  —  Clinton,  Essex  and  Warren.) 

(Legislative  Organization,  Privileges  and  Elections.) 

Judges,  practicing  law,  prohibit 54 

Judiciary  Committee  (Int.  No.  104;  Pr.  104). 

Party  conventions,  State  officers,  etc 54,     295 

Committee  of  the  Whole  (Int.  No.  105;  Pr.  745). 

Products  of  prison  labor,  sale,  etc 167,     341 

Committee  of  the  Whole  (Int.  No.  465;  Pr.  768). 

County  judge,  to  be  surrogate 193 

Judiciary  Committee  (Int.  No.  572;  Pr.  587). 

Me.  Tuck. 

(Republican  —  Monroe.) 

(Legislative  Powers,   County,   Town  and  Village  Officers, 

Canals.) 

Supreme  Court,  special,  trial  terms,  designating 69,     185 

Judiciary  Committee  (Int.  No.  164;  Pr.  536). 

Legislators,  compensation,   increasing Ill 

Legislative  Organization   Committee   (Int.   No.   294; 
Pr.  297). 

Grade  changes,  damages,  compensation 197 

Bill  of  Rights  Committee  (Int.  No.  597;  Pr.  612). 

State  militia,  compulsory  service 212,     626 

Reported  adversely  (Int.  No.  659;  Pr.  675). 

Me.  Ungee. 

(Democrat  —  New  York.) 

(Taxation,  Industrial  Interests,  Civil  Service.) 

Judges,  candidates  for  other  office 28 

Judiciary  Committee  (Int.  No.  8;  Pr.  8). 


INDEX  1007 

PAGE 

State  University,  free,  legislation  to  provide 54 

Education  Committee  (Int.  No.  102;  Pr.  102). 

Civil  Service  Commission,  bi-partisan 64,  126,  277,     580 

Eeported  adversely  (Int.  No.  136;  Pr.  736). 

Mr.  Vanderlyn. 

(Republican  —  Greene  and  Ulster.) 

(Bill   of  Rights,   Education,    County,    Town  and   Village 

Government. ) 

Common  school  systems,  free,  legislation  to  provide 54 

Education  Committee  (Int.  No.  103;  Pr.  103). 
Juries,  verdict  by  five-sixths,  civil  actions 83,     244 

Bill  of  Rights  Committee  (Int.  No.  206 ;  Pr.  207). 
Funded  debts,  municipalities,  regulating 105,  115,     247 

County,  Town,  Village  Government  Committee  (Int. 
No.  272;  Pr.  275). 
Justices  of  peace,  number,  jurisdiction 192 

Judiciary  Committee  (Int.  No.  563;  Pr.  578). 

Mr.  Van  Ness, 

(Republican  —  Montgomery,    Schenectady  and   Schoharie.) 

(Finance,  Banking  and  Insurance.) 

State,  municipal  bonds,  serial 210 

Finance  Committee  (Int.  No.  646;  Pr.  662). 

Mr,  Wadsworth. 

(Republican  —  Livingston  and  Steuben.) 

(Charities  (Ch.),  Legislative  Powers.) 

State  Board  of  Charities,  powers,  etc 122,  163,     409 

Charities  Committee  (Int.  No.  327;  Pr.  331). 
State  Lunacy  Commission 122 

Charities  Committee  (Int.  No.  328;  Pr.  332). 
State  Commission  of  Prisons,  creating 122 

Prisons  Committee  (Int.  No.  329,  Pr.  333). 
Short  ballot,  State  officers 151 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
415;  Pr.  427). 
State  income,  statement,  transmit  legislature 151,     383 

Finance  Committee  (Int.  No.  416;  Pr.  428). 


1008  INDEX 

PAGE 

Legislators,  terms,   doubling 151,     215 

Legislative  Organization   Committee   (Int.   No.   417; 
Pr.  429).  • 

Short  ballot,  State  officers,  appoint .151,     456 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
418;  Pr.  430). 

Governor,  Lieutenant  Governor,  4-year  terms 152 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
419;  Pr.  431). 

Legislature,  sessions,  closing 152 

Legislative  Organization   Committee   (Int.   No.  420; 
Pr.  432). 

Mr.  Wafer. 

(Democrat  —  Kings.) 

(Taxation;  County,  Town  and  Village  Officers.) 

Mr.  Wagner. 

(Democrat  —  New  York.) 

(Rules,  Judiciary,  Finance.) 

Municipal  self  government,  cities,  villages 44,  257,     417 

'Cities  Committee  (Int.  No.  68;  Pr.  719). 
Highway  debt  sinking  fund,  contribution,  etc . 54 

Finance  Committee  (Int.  No.  99;  Pr.  99.) 
State  debts,  creating,  sinking  funds  for 54 

Finance  Committee  (Int.  No.  100;  Pr.  100). 
State  property,  not  to  be  taxed 58 

Taxation  Committee  (Int.  No.  126;  Pr.  126). 
Taxes,  direct,  comptroller  reduce 128 

Finance  Committee  (Int.  No.  342;  Pr.  346). 
Labor  not  a  commodity 136 

Bill  of  Rights  Committee  (Int.  No.  358;  Pr.  363). 
Highway  moneys,  apportioning 157 

Public  Utilities  Committee  (Int.  No.  426;  Pr.  438). 
Judges,  removal,  terminating  office 165 

Judiciary  Committee  (Int.  No.  457;  Pr.  469). 
Special  sessions  court,  N.  Y.  city,  continuing 237 

Judiciary  Committee  (Int.  No.  682;  Pr.  702). 

Mr.  Ward. 

(Democrat  —  Kings.) 

(Education,  Future  Amendments.) 

I       - 


INDEX  1009 

Mr.  Waterman.  paqe 

(Republican  —  Franklin  and  St.  Lawrence.) 
(Suffrage,  Charities.) 

State  Board  of  Charities,  providing  for 210,     224 

Charities  Committee  (Int.  No.  647;  Pr.  663). 

Mr.  C.  A.  Webber. 

(Democrat  —  Kings.) 

(Taxation,  County,  Town  and  Village  Government.) 

Offices,  abolishing,  transfer  of  powers 96 

Legislative  Powers  Committee  (Int.  No.  245 ;  Pr.  248). 

MIr.  R.  E.  Weber. 

(Republican  —  Queens.) 
(Suffrage,  Industrial  Interests.) 

Mr.  Weed. 

(Democrat  —  Queens.) 

(Bill  of  Rights,  Cities,  Civil  Service.) 

Jury  trials,  civil  cases,  regulation  by  Legislature 64 

Bill  of  Rights  Committee  (Int.  No.  132 ;  Pr.  132). 
Property,  private,  condemnation  for  public  purposes.  . .  103,     218 

Bill  of  Rights  Committee  (Int.  No.  261;  Pr.  264.) 
Cities,  local  self  government 205,     417 

Cities  Committee  (Int.  No.  613;  Pr.  629). 
Spanish  War  veterans,  civil  service  preference 205,     580 

Reported  adversely  (Int.  No.  614;  Pr.  630). 

Mr.  Westwood. 

(Republican  —  Cattaraugus  and  Chautauqua.) 

(Public  Utilities,  Militia.) 

Suits,  against    State  as  against  individual 47,  248,     306 

Judiciary  Committee  (Int.  No.  95;  Pr.  95). 
Juries,  civil  verdict;  waiving  criminal  cases 56,  148,     244 

Bill  of  Rights  Committee  (Int.  No.  116;  Pr.  408.) 
Tax  exemption,   real  property,   prohibiting 152,     304 

Taxation  Committee  (Int.  No.  424;  Pr.  750). 
Highways,  cost  of,  apportioning 169,     509 

Public  Utilities  Committee  (Int.  No.  479;  Pr.  811). 


1010  INDEX 

PAGE 

Courts,  reorganizing  generally 199 

Judiciary  Committee  (Int.  No.  611;  Pr.  626). 

Legislative  bills,  limit  on  passage 213,  290,     291 

Legislative  Organization   Committee   (Int.   No.   667; 
Pr.  683). 

Mr.  Wheeler. 

(Republican  —  Livingston  and  Steuben.) 

(Legislative  Powers,  Banking  and  Insurance.) 

Mr.  Whipple. 

(Republican  —  Cattaraugus  and   Chautauqua.) 

(Conservation,  Indians.) 

Forest  preserve,  dead  timber,  camp  sites,  etc.  .30,  134,  140,     360 
Conservation  Committee  (Int.  No.  25;  Pr.  25). 

Excise  Department,  constitutional  office 199 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
610;  Pr.  625). 

Mr.  C.  J.  White. 

(Republican  —  Monroe.) 

(Suffrage,  Future  Amendments.) 

Mr.  J.  J.  White. 

(Democrat  —  New  York.) 

(Education,  County,  Town  and  Village  Officers.) 

Legislators,  eligibility,  city  office  holders 27 

Legislative  Powers  Committee  (Int.  No.  3;  Pr.  3). 

Mr.  Wickersham. 
(Republican  —  At  Large.) 
(Judiciary  (Ch.),  Civil  Service,  Library  and  Information.) 

Juries,  service  on,  exemption,  prohibiting 86 

Judiciary  Committee  (Int.  No.  216;  Pr.  217). 
Juries,  verdict ;  waiving  criminal  cases 86 

Bill  of  Rights  Committee  (Int.  No.  217;  Pr.  218). 
Court  rules,  communication  on,  chairman 136 

Judiciary  Committee  (Int.  No.  359;  Pr.  364). 
New  York  city,  superior  court,    establishing 142,     213' 

Judiciary  Committee  (Int  No.  377;  Pr.  628). 


INDEX  1011 


PAGE 


Private,  local  bills,  reasons  for,  publication,  etc.  .206,  217,     284 

287,  290,  314,     335 
Committee  of  the  Whole  (Int.  No.  624;  Pr.  759). 

Mr.  Wiggins. 

(Republican  —  Orange  and  Sullivan.) 

(Cities,  Canals,  Charities.) 

Assemblymen,  two-year  terms 36 

Legislative  Organization  Committee  (Int.  No.  32 ;  Pr. 
32). 

Voter's  residence  in  county  to  be  30  days 39,     526 

Committee  of  the  Whole  (Int.  No.  51;  Pr.  821). 

Highway  commissioner,  to  be  elected 45 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
73;  Pr.  73). 

Governor,  Lieutenant  Governor,  eligibility  for 45,     63 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
74;  Pr.  74). 

Highway  commissioner,  first  election  of 45 

Governor  and  Other  State  Officers  Committee  (Int.  No. 
75;  Pr.  75). 

Registration,  absent  voters,  law  for 59,  294,  336,     340 

Suffrage  Committee  (Int.  No.  127;  Pr.  742). 

Police,  chiefs,  free  transportation,  authorizing 82 

Public  Utilities  Committee  (Int.  No.  204;  Pr.  205). 

Legislators,  may  act  as  notaries  during  term 83 

Legislative  Organization   Committee    (Int.   No.   205 ; 
Pr.  206). 

New  York  city,  county  officers,  pay,  fixing 120,     525 

Cities  Committee  (Int.  No.  314;  Pr.  318). 

Canal  Board,  fix  canal  tolls 129 

Canals  Committee  (Int.  No.  345;  Pr.  349). 

Jurors,  additional,  fill  vacancies 129 

Bill  of  Rights  Committee  (Int.  No.  346;  Pr.  350). 

Debts,  counties,  cities,  sinking  funds  for 150,     431 

Cities  Committee  (Int.  No.  411;  Pr.  423). 

Court  of  Appeals,  jurisdiction 157 

Judiciary  Committee  (Int.  No.  428;  Pr.  440). 

Legislature,  sessions,  date  of  beginning 167 

Legislative  Organization   Committee    (Int.   No.   464; 
Pr.  476). 


1012  INDEX 

PAGE 

Inferior  local  courts,,  jurisdiction 191 

Judiciary  Committee  (Int.  No.  560;  Pr.  575). 

Justice  of  peace,  district  courts,  jurisdiction 191 

Judiciary  Committee  (Int.  No.  561;  Pr.  576). 

Mb.  Williams. 

(Republican  —  Fulton  and  Hamilton,  Herkimer  and  Lewis.) 

(Suffrage,  Corporations.) 

Mb.  Winslow. 

(Republican  —  Westchester.) 

(Civil  Service,  Prisons.) 

City  employees,  maximum  hours 82 

Cities  Committee  (Int.  No.  200;  Pr.  201). 

Mb.  Wood. 

(Republican — Allegany,  Genesee  and  Wyoming.) 

(Charities,  Corporations,  Library  and  Information.) 

Civil  service,  veterans,  etc.,  preference 129,     580 

Reported  adversely  (Int.  No.  351;  Pr.  355.) 

Mb.  C.  H.  Young. 
(Republican  —  At  Large.) 
(Privileges  and  Elections  (Ch.),  Judiciary.) 

Forest  preserve,  timber,  removal,  camp  sites. 28,  134,  140,     360 

Conservation  Committee  (Int.  No.  10;  Pr.  10). 
Life,  twice  in  jeopardy  for  same  offense 28 

Bill  of  Rights  Committee  (Int.  No.  11;  Pr.  11.) 
Supervisors,  electing  as  county  officers 28,     525 

County,    Town   and   Village   Government   Committee 
(Int.  No.  12;  Pr.  12). 
State  budget  commission,  establish 29,  155,     383 

Finance  Committee  (Int.  No.  13;  Pr.  13). 
County  judges,  legislation  to  regulate  terms,  etc 29 

Judiciary  Committee  (Int.  No.  14;  Pr.  14). 

Forest  preserve,  use  of  timber,  commissioner,  etc 44 

134,  140,     360 

Conservation  Committee  (Int.  No.  71;  Pr.  71.) 


INDEX  1013 

PAGE 

County  judges,  courts,  New  York  City  court,  general  ses- 
sions          67 

Judiciary  Committee  (Int.  No.  152;  Pr.  152). 

Courts,  county,  general  sessions,  etc 97 

Judiciary  Committee  (Int.  No.  251;  Pr.  254). 
County  courts,  New  York  City  court,  judges,  jurisdiction.  .      150 

Judiciary  Committee  (Int.  No.  410;  Pr.  422). 
Official  referees,  judges,  Supreme  Court,  Court  of  Appeals 

166,     245 
Judiciary  Committee  (Int.  No.  463;  Pr.  712). 

Voters,  educational  qualifications 237,  254,  311,     380 

542,  545,  553,     554 
Killed  (Int.  No.  686;  Pr.  776). 

Mb.  F.  L.  Young. 
(Republican  —  Westchester.) 
(County,  Town  and  Village  Government,  Future  Amend- 
ments. ) 

State  University,  change  name 180 

Education  Committee  (Int.  No.  506;  Pr.  518). 


COMMITTEE  INDEX  TO  JOURNAL 


Bill  of  Rights  Committee.  paqe 

Rights,  amending  generally 514,  600,  641,  654,  657 

658,  659 
Passed  (Int.  No.  720;  Pr.  870). 

Canals  Committee. 

Canals,  disposing  of,  prohibit 403,  546,  559,  578,     599 

607,  621,     622 
Passed  (Int.  No.  710;  Pr.  845). 

Cities  Committee. 

Home  rule  for  cities,  granting 417,  498,  501,  502,     527 

540,  541,  552,  556,  596,  598,  613,  619,     620 
Passed  (Int.  No.  712;  Pr.  851). 

Debts,  cities,  counties,  villages,  regulating 431,  432,     504 

542,  546,  556,  601,  603,  620,  621,  630,     631 
Passed  (Int.  No.  713;  Pr.  862). 

Building  zones,  cities 579 

Committee  of  the  Whole  (Int.  No.  724;  Pr.  848). 

Conservation  Committee. 

Conservation  dept,  reorganizing 360,  376,  424,  427,     429 

432,  442,  524,  535,  552,  588,  589,  613,  616,     618 
Passed  (Int.  No.  708;  Pr.  852). 

County,  Town  and  Village  Government  Committee. 
County  government,  form  of,  changing.  .  .  .526,  612,  624,     634 
Passed  (Int.  No.  721;  Pr.  853). 

County,  Town  and  Village  Officers  Committee. 

Coroner,  to  be  constitutional  office 246 

County,  Town  and  Village  Officers  Committee   (Int. 
No.  691;  Pr.  711). 

County  officers,  removal ;  sheriff  re-election 468 

Committee  of  the  Whole  (Int.  No.  717;  Pr.  805). 

[1015] 


1016  INDEX 

Education  Committee.  page 

Education  of  children  a  State  function 303,  338,  357,     381 

453,  480,  507,  515,  524,  535,     585 

Committee  of  the  Whole  (Int.  No.  698;  Pr.  820). 
Education  boards  for  cities;  powers 328,  330,     357 

Committee  of  the  Whole  (Int.  No.  704;  Pr.  757). 

Finance  Committee. 

State  debts,  creating,  regulating 250,     287 

Finance  Committee  (Int.  No.  692;  Pr.  739). 

State  debts,  serial  bonds  for 315,  330,  342,  376,     382 

423,  424,  510,     518 
Passed  (Int.  No.  705;  Pr.  784). 

State  budget,  providing  for 384,  445,  446,  454,     455 

501,  510,     519 
Passed  (Int.  No.  709;  Pr.  809). 

Appropriations,  local  or  private  purposes 513,  547,     557 

607,     631 
Passed  (Int.  No.  719;  Pr.  854). 

Future  Amendments  Committee. 

Constitutional  amendments,  submitting  to  electors.  . .  .451,     558 

560,  574,  608,  609,  610,  624,     632 
Passed  (Int.  No.  715;  Pr.  855). 

Governor  and  Other  State  Officers  Committee. 

Governor,  Lieutenant-Governor,  terms,  salary 310,     617 

623,  641,  643,     652 
Passed  (Int.  No.  702;  Pr.  868). 

State  depts.,  offices,  reorganizing 456,  548,  562,  563,     571 

572,  573,  587,  615,  623,  629,     633 
Passed  (Int.  No.  716;  Pr.  863). 

Canal  board,  land  office  commissioners 615,  641,  642,     648 

Passed  (Int.  No.  725;  Pr.  857). 

Indian  Relations  Committee. 

Tribal  courts,  abolishing.  ..347,  406,  443,  453,  507,  511,     520 
Passed  (Int.  No.  707;  Pr.  799). 


INDEX  1017 

Industrial  Interests  Committee.  page 

Workmen's  Compen.,  occupational  diseases.  .432,  628,  635,     647 
Passed  (Int.  No.  714;  Pr.  865). 

Judiciary  Committee. 
Judiciary  article,  revising  generally.  .480,  523,  526,  532,     534 
536,  537,  539,  551,  590-594,  614,  618,     619 
Passed  (Int.  No.  718;  Pr.  850). 

Legislative  Organization  Committee. 

Keapportionment,  legislative 235,  255,     276 

Legislative  Organization  Committee    (Int.   No.   680; 
Pr.  697). 

Legislators'  salary,   increasing 296,  406,  407,  510,     518 

555,  561,  585,     586 
Passed  (Int.  No.  697;  Pr.  835). 

Keapportionment,  regulating  556,  629,  638,  645,     647 

652,     653 
Passed  (Int.  No.  722;  Pr.  869). 

Legislative  Powers  Committee. 

Impeachment  court,  convening,  time 280 

Judiciary  Committee  (Int.  No.  695;  Pr.  731). 

Legislature,  powers,  regulating 285,  343,  423,  543,     613 

616,  624,  629,     635 

Passed  (Int.  No.  696;  Pr.  861). 
Elections  laws,  not  to  favor  political  parties 309,     378 

Committee  of  the  Whole  (Int.  No.  699;  Pr.  752). 
Charters,  amending,  cities,  villages 309,     617 

Legislative  Powers  Committee  (Int.  No.  700;  Pr.  753). 
Privileges,  immunity,  particular  classes,  prohibited.  .  .309,     377 
428,  478,  479,  480,  499,  500,  504,     508 

Killed  (Int.  No.  701;  Pr.  808). 

Public  Utilities  Committee. 

Public  Service  Commission,  constitutional  body 339,     507 

508,  509,  512,  523,  533,  547,  556,  607,  624,     640 
Public  Utilities  Committee  (Int.  No.  706;  Pr.  856). 


1018  INDEX 

Suffrage  Committee.  page 

Woman  suffrage,  amendment  submitted  by  Legislature. 311,     335 
Future  Amendments  Committee  (Int.  No.  703 ;  Pr.  — ) 

Absent  electors,  registration,  etc 409,  444,  455,  466,     505 

506,  575,  577,  599,  605,     606 
Passed  (Int.  No.  711;  Pr.  844). 

Taxation  Committee. 
State  Tax  Commission,  three  members,  constitutional  body.      202 
Taxation  Committee  (Int.  No.  612;  Pr.  627). 

Taxation,  Legislature  to  regulate 234,  311,  337,  357,     378 

381,  382,  405,  406,  425,  467,  478,  502,     506 
511,  522,  553,  557,  589,  590,     650 
Passed  (Int.  No.  679;  Pr.  834). 


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